Minnesota Internet Privacy and Commercial E-Mail Laws

January 31, 2013

Man and Woman on Computer

This post is part of a series of posts entitled A Legal Guide to the Internet. For a comprehensive list of articles contained in this series, click here.

On May 22, 2002, Minnesota enacted two laws related to Internet privacy and commercial e-mail solicitation, otherwise known as anti-spam legislation, which become effective March 1, 2003. The Internet privacy portion of the law (Minn. Stat. 325 M.01-325M.09) is designed to restrict the ability of an Internet service provider to disclose “personally identifiable information” including e-mail addresses, phone numbers, online contact viewing habits, and browsing history to third parties. The law provides limited exceptions for such disclosure and sets forth specific requirements for obtaining authorization. Violators of the law can be sued for $500 or actual damages for each violation.

The anti-spam law provision (Minn. Stat. 325F.694) has been preempted by the Federal CAN-SPAM Act discussed earlier.

This and the following posts have been copied or adopted from A Legal Guide To The INTERNET – Sixth Edition, published through a collaborative effort by the Minnesota Department of Employment & Economic Development and Merchant & Gould.

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