SF4221

Purpose

• The bill creates a new civil right and remedy for people whose personal information is disseminated without consent. It targets situations where sharing personal information publicly (including online) poses an imminent and serious threat to the safety of the person or their family or household members, and allows the affected person to seek damages and other court-ordered remedies.

Main Provisions

• Creates a new civil cause of action for dissemination of personal information, applying to all individuals.
• Applies to information about an individual or that person’s family or household member, when shared knowingly and without consent and when it creates an imminent and serious threat to safety.
• Allows the court to award damages, including actual and special damages and damages for mental anguish, plus a civil penalty up to $10,000, plus court costs, fees, and reasonable attorney fees.
• Allows the court to grant equitable relief as needed or proper.

Definitions

• Uses the existing definitions of “family or household member” and “personal information” as defined in Minnesota Statutes section 609.5151.

Liability, Damages, and Remedies

• A person who knowingly disseminates or publicly shares personal information about an individual or their family/household member without consent, and where the information creates an imminent and serious threat, is liable for damages to the affected person.
• Damages can include actual and special damages and mental anguish; a civil penalty up to $10,000; and court costs/fees/attorney fees.
• The bill allows for equitable relief in addition to monetary damages.

Exceptions and Protections

• Not liable if dissemination is:
  • For a criminal investigation or prosecution that is lawful,
  • For good-faith reporting of unlawful conduct reasonably believed to have occurred and related to a matter of public interest,
  • Related to legal proceedings or necessary for the proper functioning of the criminal justice system,
  • Protected by a court order or authorized or required by state or federal law,
  • Consistent with common civil practice and serves a lawful public purpose.
• The bill states it does not alter or amend liabilities and protections granted by United States Code, title 47 section 230, and must be construed in a manner consistent with federal law.
• A cause of action under this provision does not bar other available legal remedies.

Jurisdiction, Venue, and Procedure

• Jurisdiction is in Minnesota: a court can hear the case if the plaintiff or defendant resides in Minnesota.
• Venue options include the county of residence, the plaintiff’s designated address (if the plaintiff participates in an address confidentiality program), the county where the dissemination occurred, or the county where the disseminated information is stored.
• The statute of limitations is tolled until the plaintiff discovers that the dissemination has occurred.

Confidential Filings and Privacy Protections

• Courts may allow confidential or redacted filings to protect the plaintiff’s privacy and may issue protective orders as needed.

Changes to Existing Law

• Expands the offense of disseminating personal information by creating a civil action for all individuals when the dissemination creates an imminent and serious threat to safety.
• Adds venue, confidentiality, and tolling provisions that interact with existing privacy and criminal justice processes.

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Relevant Terms - dissemination of personal information - imminent and serious threat - safety - family or household member - personal information - actual damages - special damages - mental anguish - civil penalty - equitable relief - confidentiality filings / protective orders - jurisdiction - venue - statute of limitations tolled - address confidentiality program - good faith reporting - matter of public interest - lawful public purpose - criminal investigation - legal proceedings - United States Code title 47 section 230