A Legal Guide to PRIVACY AND DATA SECURITY 2024

On February 22, 2021, the “Minnesota Consumer Data Privacy Act” was first introduced as HF 1492 in the Minnesota House of Representatives. The proposed Minnesota Consumer Data Privacy Act (“MCDPA”) is similar to the Virginia Consumer Data Protection Act (“CDPA”). As introduced, the MCDPA would apply to companies doing business in Minnesota, including those that provide products or services to Minnesota residents, so long as these companies: (1) process personal data of at least 100,000 consumers; or (2) generate more than 25% of their gross revenue from the sale of personal data, while also processing the personal data of at least 25,000 Minnesota consumers. The MCDPA would also govern a wide range of activities related to the processing of consumer personal information, including creating a variety of consumer data rights. For example, the bill gives consumers a variety of consumer privacy rights, including the right to verify, correct, delete, access, and opt-out of processing of their personal data. It also sets forth the time frames and other conditions for companies to respond to these consumer requests, and further provides requirements for data protection assessments and consumer privacy notices. Enforcement of the MCDPA is by civil action brought by the attorney general, with injunctive relief available, as well as civil penalties of up to $7,500 for each violation. The proposed MCDPA does not currently include a private right of action. No hearings on any Minnesota privacy legislation have been held as of December 21, 2023. MISSISSIPPI SB 20802543 Mississippi Consumer Data Privacy Act

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