Minnesota Consumer Data Privacy Act, sensitive data and biometric consent

Minn. Stat. §§ 325M.11, 325M.16

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What follows is LexLint's own research summary of this law, not legal advice.

In force since 31 July 2025.

A sensitive categories rule binding private bodies.

As of 27 August 2026.

What it requires

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.

What it reaches

Excludes recording-derived identifiersNo

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

MCDPA classifies data revealing racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, sexual orientation, or citizenship or immigration status; the processing of biometric data or genetic information to uniquely identify an individual; a known child's data; and precise geolocation data as sensitive data, processable only with the consumer's opt-in consent, the ordinary multi-state model rather than Maryland's outright sale ban.

"Biometric data" means data generated by automatic measurement of biological characteristics used to identify a specific individual, and it excludes a bare photograph, video, or audio recording, but claws that exclusion back the moment data generated from one is used to identify a specific individual.

When LexLint raises it

processes_biometrics
processes_voice
crawls_web
trains_models

Read the law

official Minnesota statute text, Minn. Stat. Chapter 325M, Office of the Revisor of Statutes

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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