(b) Any person or business that maintains data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section and Minn. Stat. § 13.055, subdivision 6, may be delayed to a date certain if a law enforcement agency affirmatively determines that the notification will impede a criminal investigation. (d) For purposes of this section and Minn. Stat. § 13.055, subdivision 6, “breach of the security of the system” means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security system, provided that the personal information is not used or subject to further unauthorized disclosure. (e) For purposes of this section and Minn. Stat. § 13.055, subdivision 6, “personal information” means an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when the data element is not secured by encryption or another method of technology that makes electronic data unreadable or unusable, or was secured and the encryption key, password, or other means necessary for reading or using the data was also acquired: (1) Social Security number; (2) driver’s license number or Minnesota identification card number; or (3) account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account. (f) For purposes of this section and Minn. Stat. § 13.055, subdivision 6, “personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (g) For purposes of this section and Minn. Stat. § 13.055, subdivision 6, “notice” may be provided by one of the following methods: (1) written notice to the most recent available address the person or business has in its records; 97
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