A Legal Guide to PRIVACY AND DATA SECURITY 2024

Subd. 4. Method of notice. Notice under this section may be provided by one of the following methods: (a) written notice by first class mail to each affected individual; (b) electronic notice to each affected individual, if the notice provided is consistent with the provisions regarding electronic records and signatures as set forth in United States Code, title 15, section 7001; or (c) substitute notice, if the government entity demonstrates that the cost of providing the written notice required by paragraph (a) would exceed $250,000, or that the affected class of individuals to be notified exceeds 500,000, or the government entity does not have sufficient contact information. Substitute notice consists of all of the following: (i) email notice if the government entity has an email address for the affected individuals; (ii) conspicuous posting of the notice on the website page of the government entity, if the government entity maintains a website; and (iii) notification to major media outlets that reach the general public within the government entity’s jurisdiction. Subd. 5. Coordination with consumer reporting agencies. If the government entity discovers circumstances requiring notification under this section of more than 1,000 individuals at one time, the government entity must also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in United States Code, title 15, section 1681a, of the timing, distribution, and content of the notices. Subd. 6. Security assessments. At least annually, each government entity shall conduct a comprehensive security assessment of any personal information maintained by the government entity. For the purposes of this subdivision, personal information is defined under Minn. Stat. § 325E.61, subdivision 1, paragraphs (e) and (f). Subd. 7. Access to data for audit purposes. Nothing in this section or Minn. Stat. § 13.05, subdivision 5, restricts access to not public data by the legislative auditor or state auditor in the performance of official duties.

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