The scope and type of personal data collected by businesses continues to grow, as does the ease of gathering and storing the data. A small thumb drive containing all of a business’ trade secrets and employee information can be easily removed and transported in a person’s pocket. New technology allows for the tracking of consumer preferences and information, including their exact location, making it possible to do real- time targeted marketing. The aggregation of consumer data by data brokers is increasingly being monetized and used by businesses as even more detailed information about consumers becomes available. Big data is viewed as both a savior in medical research and a menace to privacy. The so-called “Internet of Things” allows for household appliances and cars to collect and share personal consumer data like never before. High profile data breach incidents exemplify the need for businesses to take a serious look at data privacy and security issues and how they fit within their business operations. Potential breaches are not simply the result of lax computer systems and poor data security. A business can be just as liable for a data breach by leaving job applications in a public dumpster or mailing medical information to the wrong patient due to a printing error. While it is impossible for a business to become an expert in all the laws related to data privacy and security, it is our hope that this Guide will at least provide a basic understanding of the wide variety of laws and how those laws may impact your business. This Guide was prepared for Minnesota-based businesses. Data, however, crosses state and national borders, and thanks to the Internet, most businesses have now become global. It is no longer safe to just consider Minnesota and U.S. laws and federal regulations when it comes to data privacy and security. For this reason, we have included some basic information on data privacy laws outside of the United States.
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