Disseminating information crime expansion to include all individuals provision

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.

new text begin

[604.165] CAUSE OF ACTION FOR DISSEMINATION OF PERSONAL

INFORMATION.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Definitions.

new text end

new text begin

For purposes of this section, "family or household member"

and "personal information" have the meanings given in section 609.5151.

new text end

new text begin

Subd. 2.

new text end

new text begin

Liability for dissemination of personal information.

new text end

new text begin

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:

new text end

new text begin

(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

new text end

new text begin

(2) the person disseminating the information knows or reasonably should know of the

imminent and serious threat.

new text end

new text begin

Subd. 3.

new text end

new text begin

Damages available; equitable relief.

new text end

new text begin

(a) The court may award the following

damages to a prevailing plaintiff from a person found liable under this section:

new text end

new text begin

(1) actual and special damages, including damages for mental anguish;

new text end

new text begin

(2) a civil penalty awarded to the plaintiff of an amount up to $10,000; and

new text end

new text begin

(3) court costs, fees, and reasonable attorney fees.

new text end

new text begin

(b) The court may also provide such equitable relief as it deems necessary or proper.

new text end

new text begin

Subd. 4.

new text end

new text begin

Exceptions to liability.

new text end

new text begin

(a) No person shall be liable under this section when

the dissemination is:

new text end

new text begin

(1) for the purpose of a criminal investigation or prosecution that is otherwise lawful;

new text end

new text begin

(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;

new text end

new text begin

(3) related to a matter of public interest and dissemination serves a lawful public purpose;

new text end

new text begin

(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

new text end

new text begin

(5) authorized or required by state or federal law.

new text end

new text begin

(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.

new text end

new text begin

(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.

new text end

new text begin

Subd. 5.

new text end

new text begin

Jurisdiction.

new text end

new text begin

A court has jurisdiction over a cause of action filed pursuant to

this section if the plaintiff or defendant resides in Minnesota.

new text end

new text begin

Subd. 6.

new text end

new text begin

Venue.

new text end

new text begin

A cause of action arising under this section may be filed in:

new text end

new text begin

(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;

new text end

new text begin

(2) the county where the dissemination occurred giving rise to the cause of action under

subdivision 2; or

new text end

new text begin

(3) the county where the disseminated personal information giving rise to the cause of

action under subdivision 2 is stored.

new text end

new text begin

Subd. 7.

new text end

new text begin

Statute of limitations tolled.

new text end

new text begin

In a civil action brought under this section, the

statute of limitations is tolled until the plaintiff discovers the dissemination has occurred.

new text end

new text begin

Subd. 8.

new text end

new text begin

Confidential filings allowed.

new text end

new text begin

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.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective August 1, 2026, and applies to causes

of action accruing on or after that date.

new text end

Sec. 2.

Minnesota Statutes 2024, section 609.5151, is amended to read:

609.5151 DISSEMINATION OF PERSONAL INFORMATION
deleted text begin
ABOUT LAW

ENFORCEMENT
deleted text end
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;
new text begin
and
new text end

deleted text begin

(2) "law enforcement official" means both peace officers as defined in section
626.84
,

subdivision 1, and persons employed by a law enforcement agency; and

deleted text end

deleted text begin

(3)
deleted text end
new text begin
(2)
new text end
"personal information" means a home telephone number, personal cell number,

personal email address, name of the
deleted text begin
official's
deleted text end
new text begin
individual's
new text end
minor child, photographs of the
deleted text begin

official's
deleted text end
new text begin
individual's
new text end
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
deleted text begin
a law enforcement official
deleted text end
new text begin
an individual
new text end
or
deleted text begin
an official's
deleted text end
new text begin
the individual's
new text end

family or household member, if:

(1) the public availability of information poses an imminent and serious threat to the
deleted text begin

official's
deleted text end
new text begin
individual's
new text end
safety or the safety of
deleted text begin
an official's
deleted text end
new text begin
the individual's
new text end
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
deleted text begin

a law enforcement official
deleted text end
new text begin
the individual
new text end
or
deleted text begin
an official's
deleted text end
new text begin
the individual's
new text end
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.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective August 1, 2026, and applies to crimes

committed on or after that date.

new text end