A Legal Guide to PRIVACY AND DATA SECURITY 2026

INTRODUCTION

The race is on to enact consumer data privacy laws across state lines, which, in the absence of a comprehensive federal law, would provide individuals with more choice over how companies acquire and utilize their personal data. As of January 1, 2026, twenty U.S. states including Minnesota have enacted comprehensive data privacy laws, granting consumers rights over their personal data adding to a complex patchwork of regulations for businesses. These laws generally provide rights for data access, deletion, and opting out of data sales, though thresholds for businesses (revenue, data volume) vary significantly. Key trends include a focus on children’s data, Artificial Intelligence, lower applicability thresholds, heightened focus on automated decision making, stricter biometric data rules, and allowing universal opt-outs. This patchwork approach to privacy legislation could pose compliance and liability risks for companies that have multistate operations. A Minnesota business that participates in ecommerce must look beyond Minnesota laws and become familiar with the multiple federal and state laws that govern how personal data can be collected and used. Minnesota businesses of all sizes collect, store, and share personal information about individuals. While new technology and access to information allows for greater innovation and delivery of products and services, it also creates a challenge. How does a business optimize the

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