Law / United States / 
Minnesota
Videotape service provider and videotape seller records: limits on disclosure of personally identifiable information
Minn. Stat. §§ 325I.01 to 325I.03
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Consent, Prohibition, Retention
As of .
What it requires
- If you are a videotape service provider or videotape seller, do not knowingly disclose to any person personally identifiable information concerning a consumer, that is, information that identifies a person as having requested or obtained specific video materials or services, except as section 325I.02, subdivisions 2 and 3 require or permit.
- To disclose with the consumer's written informed consent, obtain a signed statement conforming to the notice in section 325I.02, subdivision 4, in at least ten-point boldfaced type and separate from any membership, subscriber, rental or purchase agreement.
- Destroy personally identifiable information as soon as practicable, and no later than one year from the date it is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to it.
- Do not require a consumer to execute a consent under section 325I.02, subdivision 4 as a condition of providing videotape goods or services.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Penalty structure
Section 325I.03 applies the remedies in section 8.31 to violations of section 325I.02, and section 8.31, subdivision 3 lets the attorney general sue to recover a civil penalty in an amount the court determines, not in excess of $25,000.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 25,000
Statutory damages
Section 325I.03 entitles a consumer who prevails or substantially prevails in an action to a minimum of $500 in damages, regardless of the amount of actual damage proved, plus costs, disbursements and reasonable attorney fees.
- As of
- Currency
- USD
- Per person minimum
- 500
Who enforces it
Enforcement body
The attorney general, who may sue for injunctive relief and a civil penalty under section 8.31, subdivision 3, through the remedies that section 325I.03 applies.
What this law does
A videotape service provider is a person engaged in the business of rental of prerecorded videocassette tapes or similar audiovisual materials, or a person to whom a disclosure is made by a videotape service provider under section 325I.02, but only with respect to the information contained in the disclosure.
Personally identifiable information is information that identifies a person as having requested or obtained specific video materials or services from a videotape service provider or videotape seller. Except as subdivisions 2 and 3 provide, a videotape service provider or videotape seller who knowingly discloses personally identifiable information concerning any consumer to any person is liable to the consumer for the relief provided in section 325I.03.
To obtain a consumer's written informed consent to a disclosure, a videotape service provider or videotape seller must obtain a signed statement conforming to the notice contained in section 325I.02, subdivision 4.
A person subject to section 325I.02 shall destroy personally identifiable information as soon as practicable, but no later than one year from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to the information. A videotape service provider or videotape seller may not require a consumer to execute a consent as a condition of providing videotape goods or services to the consumer.
The public and private remedies in section 8.31 apply to violations of section 325I.02. Section 8.31, subdivision 3 entitles the attorney general, on behalf of the state, to sue for injunctive relief against a violation and to sue to recover a civil penalty in an amount determined by the court, not in excess of $25,000.
Section 8.31, subdivision 3a lets any person injured by a violation of the laws referred to in subdivision 1 bring a civil action and recover damages, together with costs and disbursements, including costs of investigation and reasonable attorney's fees. A consumer who prevails or substantially prevails in an action under section 325I.03 is entitled to a minimum of $500 in damages, regardless of the amount of actual damage proved, plus costs, disbursements and reasonable attorney fees.
When LexLint raises it
When your app profile says your app tracks devices or reuses other publishers' content.