A Legal Guide to PRIVACY AND DATA SECURITY 2026

(d) “Identity” means any name, number, or data transmission that may be used, alone or in conjunction with any other information, to identify a specific individual or entity, including any of the following: (1) a name, Social Security number, date of birth, official government- issued driver’s license or identification number, government passport number, or employer or taxpayer identification number; (2) unique electronic identification number, address, account number, or routing code; or (3) telecommunication identification information or access device. (e) “Indirect victim” means any person or entity described in Minn. Stat. § 611A.01, paragraph (b), other than a direct victim. (f) “Loss” means value obtained, as defined in Minn. Stat. § 609.52, subdivision 1, clause (3), and expenses incurred by a direct or indirect victim as a result of a violation of this section. (g) “Unlawful activity” means: (1) any felony violation of the laws of this state or any felony violation of a similar law of another state or the United States; and (2) any nonfelony violation of the laws of this state involving theft, theft by swindle, forgery, fraud, or giving false information to a public official, or any nonfelony violation of a similar law of another state or the United States. (h) “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on a computer chip or magnetic strip or stripe of a payment card, driver’s license, or state- issued identification card. (i) “Reencoder” means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card, driver’s license, or state-issued identification card, onto the computer chip or magnetic strip or stripe of a different payment card, driver’s license, or state-issued identification card, or any electronic medium that allows an authorized transaction to occur. (j) “Payment card” means a credit card, charge card, debit card, or any other card that:

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