(ii) if the violation of this chapter is a second or subsequent offense under subdivision 4, paragraph (a), or the person has been found liable in a prior civil action under Minn. Stat. § 626A.13, the person is subject to a mandatory $500 civil fine. (b) The court may use any means within its authority to enforce an injunction issued under paragraph (a), clause (2)(i), and shall impose a civil fine of not less than $500 for each violation of such an injunction. California California has by far been the most active state in the privacy field. As a result, many Minnesota-based businesses will simply draft their website privacy policies and other privacy practices to make sure that their practices and procedures comply with California law. The California state constitution provides that: “ All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness and privacy. ” Ca. Const. art I, § 1. California’s Office of Privacy Protection governs the state’s wide array of privacy laws, including data security. In California, “[a] business that owns or licenses personal information about a California resident must implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.” [California Civil Code 1798.81.5(b)]. Such security procedures include administrative, technical, and physical safeguards. Businesses should establish a written data security policy to inform employees what is required. Businesses that own or license such personal data must also contractually require third parties dealing with the data to protect personal information. California’s Online Privacy Protection Act (Cal.OPPA) became the first state law in the nation to require operators of commercial websites or online services to post a privacy policy.
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