Duty LXD-1431
Processes biometric data, in Minnesota
Minnesota Consumer Data Privacy Act (MCDPA), publicly available information exemption and profiling explanation rightsince 3 lines
Minn. Stat. §§ 325M.10-325M.14 (2024 c 121, art. 5) · Read the law's page
- Personal data that is lawfully made available through a government record or widely distributed media, or that a controller reasonably believes the consumer lawfully made public, falls outside the MCDPA's definition of personal data.
- If you profile a Minnesota consumer's data for a decision with legal or similarly significant effect, be prepared to answer the consumer's questions about why the profiling reached that result and what they could have done differently, not merely to honor an opt-out request.
- There is no private right of action under this Act; only the Minnesota Attorney General enforces it.
Minnesota Consumer Data Privacy Act, sensitive data and biometric consentsince 2 lines
Minn. Stat. §§ 325M.11, 325M.16 · Read the law's page
- Obtain a Minnesota consumer's opt-in consent before processing biometric data, or any other sensitive data, when that biometric data is processed for the purpose of uniquely identifying the individual.
- Treat an identifier your product derives from a photograph, video, or audio recording as MCDPA biometric data the moment it is generated to identify a specific individual. Minnesota's biometric definition claws this back rather than excluding it outright.