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A bill for an act
relating to public safety; expanding the crime of disseminating personal information
to include all individuals; creating a civil action for dissemination of personal
information; amending Minnesota Statutes 2024, section 609.5151; proposing
coding for new law in Minnesota Statutes, chapter 604.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[604.165] CAUSE OF ACTION FOR DISSEMINATION OF PERSONAL
INFORMATION.
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Subdivision 1.
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Definitions.
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For purposes of this section, "family or household member"
and "personal information" have the meanings given in section 609.5151.
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Subd. 2.
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Liability for dissemination of personal information.
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A person who knowingly
and without consent disseminates or makes publicly available, including but not limited to
through the Internet, personal information about an individual or the individual's family or
household member is liable for damages to the individual whose personal information
disseminated if:
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(1) the public availability of information poses an imminent and serious threat to the
individual's safety or the safety of the individual's family or household member; and
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(2) the person disseminating the information knows or reasonably should know of the
imminent and serious threat.
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Subd. 3.
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Damages available; equitable relief.
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(a) The court may award the following
damages to a prevailing plaintiff from a person found liable under this section:
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(1) actual and special damages, including damages for mental anguish;
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(2) a civil penalty awarded to the plaintiff of an amount up to $10,000; and
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(3) court costs, fees, and reasonable attorney fees.
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(b) The court may also provide such equitable relief as it deems necessary or proper.
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Subd. 4.
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Exceptions to liability.
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(a) No person shall be liable under this section when
the dissemination is:
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(1) for the purpose of a criminal investigation or prosecution that is otherwise lawful;
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(2) for the purpose of, or in connection with, the good faith reporting of unlawful conduct
that the person making the report reasonably believes to have occurred;
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(3) related to a matter of public interest and dissemination serves a lawful public purpose;
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(4) made for legal proceedings and is consistent with common practice in civil
proceedings necessary for the proper functioning of the criminal justice system, or protected
by court order which prohibits any further dissemination; or
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(5) authorized or required by state or federal law.
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(b) This section does not alter or amend the liabilities and protections granted by United
States Code, title 47, section 230, and shall be construed in a manner consistent with federal
law.
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(c) A cause of action arising under this section does not prevent the use of any other
cause of action or remedy available under the law.
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Subd. 5.
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Jurisdiction.
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A court has jurisdiction over a cause of action filed pursuant to
this section if the plaintiff or defendant resides in Minnesota.
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Subd. 6.
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Venue.
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A cause of action arising under this section may be filed in:
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(1) the county of residence of the defendant or plaintiff or in the jurisdiction of the
plaintiff's designated address if the plaintiff participates in the address confidentiality program
established by chapter 5B;
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(2) the county where the dissemination occurred giving rise to the cause of action under
subdivision 2; or
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(3) the county where the disseminated personal information giving rise to the cause of
action under subdivision 2 is stored.
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Subd. 7.
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Statute of limitations tolled.
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In a civil action brought under this section, the
statute of limitations is tolled until the plaintiff discovers the dissemination has occurred.
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Subd. 8.
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Confidential filings allowed.
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To protect the privacy of the plaintiff in cases
filed under this section, the court shall allow confidential or redacted filings and may issue
protective orders as it deems necessary or proper.
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EFFECTIVE DATE.
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This section is effective August 1, 2026, and applies to causes
of action accruing on or after that date.
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Sec. 2.
Minnesota Statutes 2024, section 609.5151, is amended to read:
609.5151 DISSEMINATION OF PERSONAL INFORMATION
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ABOUT LAW
ENFORCEMENT
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PROHIBITED; PENALTY.
Subdivision 1.
Definitions.
As used in this section:
(1) "family or household member" has the meaning given in section
518B.01, subdivision
2;
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and
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(2) "law enforcement official" means both peace officers as defined in section
626.84
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subdivision 1, and persons employed by a law enforcement agency; and
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(3)
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(2)
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"personal information" means a home telephone number, personal cell number,
personal email address, name of the
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official's
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individual's
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minor child, photographs of the
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official's
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individual's
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minor child, home address, directions to a home, or photographs of a
home.
Subd. 2.
Crime described.
(a) It is a misdemeanor for a person to knowingly and without
consent make publicly available, including but not limited to through the Internet, personal
information about
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a law enforcement official
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an individual
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or
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an official's
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the individual's
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family or household member, if:
(1) the public availability of information poses an imminent and serious threat to the
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official's
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individual's
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safety or the safety of
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an official's
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the individual's
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family or household
member; and
(2) the person making the information publicly available knows or reasonably should
know of the imminent and serious threat.
(b) A person is guilty of a gross misdemeanor if the person violates paragraph (a) and
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a law enforcement official
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the individual
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or
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an official's
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the individual's
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family or household
member suffers great bodily harm or death as a result of the violation.
(c) A person who is convicted of a second or subsequent violation of this section is guilty
of a gross misdemeanor.
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EFFECTIVE DATE.
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This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
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