HF 4456

03/16/26   REVISOR  RSI/EN  26-08085
This Document can be made available
in alternative formats upon request  State of Minnesota
  HOUSE OF REPRESENTATIVES
  NINETY-FOURTH SESSION
  H. F. No.   4456
03/18/2026     Authored by Elkins
  The bill was read for the first time and referred to the Committee on Commerce Finance and Policy
1.1A bill for an act
1.2relating to consumer protection; requiring data brokers to register with the attorney
1.3general; establishing an account; providing for enforcement and civil penalties;
1.4appropriating money; proposing coding for new law in Minnesota Statutes, chapter
1.5325M.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7Section 1. [325M.22] DATA BROKER REGISTRY.
1.8Subdivision 1. Definitions. (a) The definitions in section 325M.11 apply to this section
1.9and the terms defined in this subdivision have the meanings given.
1.10(b) "Data broker" means a person who knowingly sells to a third party the personal data
1.11of a consumer with whom the person does not have a direct relationship. Data broker includes
1.12a person who has a direct relationship with a consumer but also sells personal information
1.13about the consumer that the person did not directly collect from the consumer.
1.14(c) "Direct relationship" means a consumer intentionally interacts with a person to obtain
1.15information about, access, purchase, use, or request the person's products or services within
1.16the preceding three years. Direct relationship does not include a situation where the purpose
1.17of a person's engagement with a person is (1) to exercise a right described under section
1.18325M.14, or (2) for the person to verify the consumer's identity.
1.19Subd. 2. Exclusions. This section does not apply to a person or entity that is subject to
1.20an exclusion under section 325M.12, subdivision 2.
1.21Subd. 3. Registration required. (a) A data broker is prohibited from collecting or selling
1.22a consumer's personal data unless the data broker has a current registration approved by the
1.23attorney general.
Section 1.  1
03/16/26   REVISOR  RSI/EN  26-08085
2.1      (b) To register with the attorney general, a data broker must:
2.2      (1) pay the registration fee established by the attorney general under subdivision 5; and
2.3      (2) submit the following information in the form and manner specified by the attorney
2.4  general:
2.5      (i) the data broker's name;
2.6      (ii) the data broker's street address and telephone number;
2.7      (iii) the data broker's primary website and electronic mail address;
2.8      (iv) a valid and operating link to the data broker's website that details how consumers
2.9  may exercise the rights under section 325M.14 with respect to the data broker; and
2.10     (v) other information the attorney general considers relevant for registration.
2.11     (c) A data broker who is also a controller or a processor under sections 325M.10 to
2.12 325M.21 must comply with sections 325M.10 to 325M.21 in order to be registered under
2.13 this section.
2.14     Subd. 4. Administration; public website. (a) If a data broker complies with the
2.15 registration requirements in subdivision 3, the attorney general must approve the registration.
2.16 A registration under this section is valid until December 31 of the year in which the attorney
2.17 general approves the registration.
2.18     (b) The attorney general must make the information submitted by all registered data
2.19 brokers under subdivision 3 available to the public on a website maintained by the attorney
2.20 general.
2.21     Subd. 5. Fees; special revenue fund account created. (a) The attorney general must
2.22 establish a fee for data broker registration under this section in an amount sufficient to pay
2.23 the costs incurred to administer and enforce this section. The determination of the fee amount
2.24 under this paragraph is not subject to chapter 14, including section 14.386.
2.25     (b) A data broker registry account is established in the special revenue fund. All fees
2.26 recovered by the attorney general must be deposited in the data broker registry account.
2.27 Money in the data broker registry account is appropriated to the attorney general to pay the
2.28 costs incurred to administer and enforce this section.
2.29     Subd. 6. Enforcement. The attorney general may bring a civil action against a data
2.30 broker who violates this section under section 325M.20. The procedures, penalties, and
2.31 limitations in section 325M.20 apply to an action by the attorney general against a data
2.32 broker under this section.
Section 1.  2
      03/16/26   REVISOR  RSI/EN   26-08085
3.1     EFFECTIVE DATE. This section is effective July 31, 2027.
      Section 1.  3