A Legal Guide to PRIVACY AND DATA SECURITY 2024

(d) “Card security code” means the three-digit or four-digit value printed on an access device or contained in the microprocessor chip or magnetic stripe of an access device which is used to validate access device information during the authorization process. (e) “Financial institution” means any office of a bank, bank and trust, trust company with banking powers, savings bank, industrial loan company, savings association, credit union, or regulated lender. (f) “Microprocessor chip data” means the data contained in the microprocessor chip of an access device. (g) “Magnetic stripe data” means the data contained in the magnetic stripe of an access device. (h) “PIN” means a personal identification code that identifies the cardholder. (i) “PIN verification code number” means the data used to verify cardholder identity when a PIN is used in a transaction. (j) “Service provider” means a person or entity that stores, processes, or transmits access device data on behalf of another person or entity. Subd. 2. Security or identification information; retention prohibited. No person or entity conducting business in Minnesota that accepts an access device in connection with a transaction shall retain the card security code data, the PIN verification code number, or the full contents of any track of magnetic stripe data, subsequent to the authorization of the transaction or in the case of a PIN debit transaction, subsequent to 48 hours after authorization of the transaction. A person or entity is in violation of this section if its service provider retains such data subsequent to the authorization of the transaction or in the case of a PIN debit transaction, subsequent to 48 hours after authorization of the transaction. Subd. 3. Liability. Whenever there is a breach of the security of the system of a person or entity that has violated this section, or that person’s or entity’s service provider, that person or entity shall reimburse the financial institution that issued any access devices affected by the breach for the costs of reasonable actions undertaken by the financial institution as a result of the breach in order to protect the information of its cardholders or to continue to provide services to cardholders, including but not limited to, any cost incurred in connection with:

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