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House Research Department Updated: July 2010 Minnesota Government Data Practices Act: An Overview Page 12 Computer Access Data Notice and Use A government entity that tracks users’ access to government computers for purposes of obtaining or transferring information or to use government services must inform users if it collects or keeps such information or installs permanent “cookies” on users’ computers. The notice must be provided before a person is asked to give identifying data to the government entity. The government entity must notify persons who access its computers how the data about their access will be used. In particular, users must be notified that the data will be used to evaluate electronic government services, to prevent unlawful intrusion into government electronic systems, or for any other purpose provided by law. A person who refuses to accept a cookie must still be allowed to access or transfer information or obtain government services by the government entity’s computer. (Minn. Stat. § 13.15) Notice of Breach of Security of State Agency Data Notice Provisions A state agency that discovers a breach in the security of private or confidential data it holds must notify affected individuals by first-class mail or e-mail as provided by the statute. If a breach requires notice to more than 1,000 individuals, the agency must also notify all consumer credit reporting agencies. If a breach would require notice to more than 500,000 individuals or would cost more than $25,000, the agency may provide the notice by doing all of the following: • sending an e-mail notice to all affected individuals, to the extent the agency has e-mail addresses for those individuals; • providing a conspicuous notice on the state agency’s web site; and • notifying major media outlets. Notice must be provided promptly unless a law enforcement agency determines it would impede a criminal investigation. (Minn. Stat. § 13.055)