325M.06 EXCLUSION FROM EVIDENCE. Except for purposes of establishing a violation of this chapter, personally identifiable information obtained in any manner other than as provided in this chapter may not be received in evidence in a civil action. 325M.07 ENFORCEMENT; CIVIL LIABILITY; DEFENSE. A consumer who prevails or substantially prevails in an action brought under this chapter is entitled to the greater of $500 or actual damages. Costs, disbursements, and reasonable attorney fees may be awarded to a party awarded damages for a violation of this section. No class action shall be brought under this chapter. In an action under this chapter, it is a defense that the defendant has established and implemented reasonable practices and procedures to prevent violations of this chapter. 325M.08 OTHER LAW. This chapter does not limit any greater protection of the privacy of information under other law, except that: (1) nothing in this chapter limits the authority under other state or federal law of law enforcement or prosecuting authorities to obtain information; and (2) if federal law is enacted that regulates the release of personally identifiable information by Internet service providers but does not preempt state law on the subject, the federal law supersedes any conflicting provisions of this chapter. 325M.09 APPLICATION. This chapter applies to Internet service providers in the provision of services to consumers in this state. Identity Theft/Phishing [Minn. Stat. § 609.527, Subd. 2.] Minnesota makes it a crime to transfer, possess, or use an identity that is not one’s own, with the intent to commit, aid, or abet any unlawful activity, as well as the electronic use of a false pretense to obtain another’s identity, often referred to as “phishing.” [See Minn. Stat. § 609.527, Subd. 5a]. 84
Made with FlippingBook - Online Brochure Maker