Security Magazine logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Security Magazine logo
  • NEWS
    • Security Newswire
    • Technologies & Solutions
  • MANAGEMENT
    • Leadership Management
    • Enterprise Services
    • Security Education & Training
    • Logical Security
    • Security & Business Resilience
    • Profiles in Excellence
  • PHYSICAL
    • Access Management
    • Fire & Life Safety
    • Identity Management
    • Physical Security
    • Video Surveillance
    • Case Studies (Physical)
  • CYBER
    • Cybersecurity News
    • More
  • BLOG
  • COLUMNS
    • Cyber Tactics
    • Leadership & Management
    • Security Talk
    • Career Intelligence
    • Leader to Leader
    • Cybersecurity Education & Training
  • EXCLUSIVES
    • Annual Guarding Report
    • Most Influential People in Security
    • The Security Benchmark Report
    • Top Guard and Security Officer Companies
    • Top Cybersecurity Leaders
    • Women in Security
  • SECTORS
    • Arenas / Stadiums / Leagues / Entertainment
    • Banking/Finance/Insurance
    • Construction, Real Estate, Property Management
    • Education: K-12
    • Education: University
    • Government: Federal, State and Local
    • Hospitality & Casinos
    • Hospitals & Medical Centers
    • Infrastructure:Electric,Gas & Water
    • Ports: Sea, Land, & Air
    • Retail/Restaurants/Convenience
    • Transportation/Logistics/Supply Chain/Distribution/ Warehousing
  • EVENTS
    • Industry Events
    • Webinars
    • Solutions by Sector
    • Security 500 Conference
  • MEDIA
    • Videos
      • Cybersecurity & Geopolitical Discussion
      • Ask Me Anything (AMA) Series
    • Podcasts
    • Polls
    • Photo Galleries
  • MORE
    • Call for Entries
    • Classifieds & Job Listings
    • Continuing Education
    • Newsletter
    • Sponsor Insights
    • Store
    • White Papers
  • EMAG
    • eMagazine
    • This Month's Content
    • Advertise
  • SIGN UP!
CybersecurityManagementSecurity NewswireCybersecurity News

New Minnesota Consumer Data Privacy Act is introduced

By Maria Henriquez
data privacy

Designed by Freepik

February 26, 2021

On Feb. 22, 2021, the “Minnesota Consumer Data Privacy Act” (MCDPA) was introduced in the Minnesota House of Representatives. The MCDPA is now the primary candidate to become Minnesota’s omnibus consumer privacy law.  

The proposed MCDPA would add many layers of consumer privacy obligations to companies doing business in Minnesota, and is being closely watched by industry observers. Businesses across the country handling consumer personal data will continue to closely track developments with this bill during the next several weeks as it works its way through the legislative process.

To learn more about the MCDPA and privacy regulations, Security magazine spoke to attorney Nadeem Schwen, from Winthrop & Weinstine, who has been at the forefront of this bill’s creation and leads data privacy work for the firm. 

Security: Are data privacy laws inevitable? Are there any that currently impact Minnesota businesses?

Schwen: We expect to see more and more states propose new bills and legislation for consumer data privacy protections in the coming months and years. With other states like Washington and Virginia pushing for change, the time is now for businesses to prepare for individual state data privacy acts as well as the CCPA and GDPR (if they haven’t already). Although there is still some uncertainty and pending amendments to the law, there are concrete steps that businesses can take today to drastically reduce the risk of fines, costly litigation, and other financial & PR nightmares.

Minnesota is now the latest state to take strides towards enacting an omnibus consumer data privacy law.  On February 22, 2021, the “Minnesota Consumer Data Privacy Act” was introduced as HF 1492 by Rep. Steve Elkins (DFL) and Rep. Mohamud Noor (DFL) in the Minnesota House of Representatives.

The proposed Minnesota Consumer Data Privacy Act (“MCDPA”) is largely based on the 2021 version of the proposed Washington Privacy Act (SB 5062), and bears many similarities to the Virginia Consumer Data Protection Act (“CDPA”). Virginia’s CDPA was recently passed by the Virginia legislature and is headed for Gov. Ralph Northam’s desk this week, where it is expected to be signed into law. The MCDPA shifts Minnesota’s privacy debate away from the California Consumer Privacy Act (“CCPA”) model, and towards the approach making headway through the Washington legislature in 2021. While a different CCPA-styled privacy bill was introduced in Minnesota in January 2021 (HF 36) by Rep. Noor, he is now a co-sponsor of the proposed MCDPA. The MCDPA is now the primary candidate to become Minnesota’s omnibus consumer privacy law.

Security: Which businesses would the new MCDPA apply to?

Schwen: As introduced, the MCDPA would apply to companies doing business in Minnesota, including those that provide products or services to Minnesota residents, so long as these companies: (1) process personal data of at least 100,000 consumers; or (2) generate more than 25% of their gross revenue from the sale of personal data, while also processing the personal data of at least 25,000 Minnesota consumers.  The MCDPA would also govern a wide range of activities related to the processing of consumer personal information, including creating a variety of consumer data rights. For example, the bill gives consumers a variety of consumer privacy rights, including the right to verify, correct, delete, access, and opt-out of processing of their personal data.  It also sets forth the time frames and other conditions for companies to respond to these consumer requests, and further provides requirements for data protection assessments and consumer privacy notices.

Security: If this were to move forward, what changes would need to be made and penalties would there be?

Schwen: Enforcement of the MCDPA is by civil action brought by the attorney general, with injunctive relief available, as well as civil penalties of up to $7,500 for each violation. Like the proposed Washington Privacy Act, the proposed MCDPA does not currently include a private right of action. However, that may change during the course of the legislative session, as this is likely to be a hotly contested aspect of the bill, and amendments for a private right of action are already in the works.  Moreover, while the proposed MCDPA does not specifically address facial recognition, a separate bill on that topic is expected to be introduced later this session by co-sponsor Rep. Mohamud Noor.

The proposed MCDPA would add many layers of consumer privacy obligations to companies doing business in Minnesota, and is being closely watched by industry observers. Businesses across the country handling consumer personal data should continue to closely track developments with this bill during the next several weeks as it works its way through the legislative process.

Security: What should businesses know about Data Privacy rights and protocols today - that could help prepare them for data privacy changes in the future?

Schwen: There are many lessons to be learned from GDPR and the CCPA that could help prepare businesses for tomorrow. Here is an example of the six things that businesses should keep in mind when working to implement new data privacy practices for Minnesota, California or the EU: https://www.winthrop.com/bold-perspectives/6-lessons-learned-from-the-gdpr-transition/

 

KEYWORDS: cyber security data breach data protection risk management

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Maria Henriquez is a former Associate Editor of Security. She covered topics including cybersecurity and physical security, risk management and more.

Recommended Content

JOIN TODAY
To unlock your recommendations.

Already have an account? Sign In

  • Security's Top Cybersecurity Leaders 2024

    Security's Top Cybersecurity Leaders 2024

    Security magazine's Top Cybersecurity Leaders 2024 award...
    Top Cybersecurity Leaders
    By: Security Staff
  • cyber brain

    The intersection of cybersecurity and artificial intelligence

    Artificial intelligence (AI) is a valuable cybersecurity...
    Cybersecurity
    By: Pam Nigro
  • artificial intelligence AI graphic

    Assessing the pros and cons of AI for cybersecurity

    Artificial intelligence (AI) has significant implications...
    Cybersecurity
    By: Charles Denyer
Manage My Account
  • Security eNewsletter & Other eNews Alerts
  • eMagazine Subscriptions
  • Manage My Preferences
  • Online Registration
  • Mobile App
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Security audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Security or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Sureview screen
    Sponsored bySureView Systems

    The Evolution of Automation in the Command Center

  • Crisis Response Team
    Sponsored byEverbridge

    Automate or Fall Behind – Crisis Response at the Speed of Risk

  • Perimeter security
    Sponsored byAMAROK

    Why Property Security is the New Competitive Advantage

Popular Stories

Rendered computer with keyboard

16B Login Credentials Exposed in World’s Largest Data Breach

Verizon on phone screen

61M Records Listed for Sale Online, Allegedly Belong to Verizon

Security camera

40,000 IoT Security Cameras Are Exposed Online

Security’s 2025 Women in Security

Security’s 2025 Women in Security

Red spiderweb

From Retail to Insurance, Scattered Spider Changes Targets

2025 Security Benchmark banner

Events

July 17, 2025

Tech in the Jungle: Leveraging Surveillance, Access Control, and Technology in Unique Environments

What do zebras, school groups and high-tech surveillance have in common? They're all part of a day’s work for the security team at the Toledo Zoo.

August 7, 2025

Threats to the Energy Sector: Implications for Corporate and National Security

The energy sector has found itself in the crosshairs of virtually every bad actor on the global stage.

View All Submit An Event

Products

Security Culture: A How-to Guide for Improving Security Culture and Dealing with People Risk in Your Organisation

Security Culture: A How-to Guide for Improving Security Culture and Dealing with People Risk in Your Organisation

See More Products

Related Articles

  • Nelson Cicchitto

    National Consumer Data Privacy Legislation introduced

    See More
  • data privacy

    The California Consumer Privacy Act Has Data Security at its Core

    See More
  • apple

    Apple's new requirement puts additional focus on consumer and data privacy

    See More

Related Products

See More Products
  • s and the law.jpg

    Surveillance and the Law: Language, Power and Privacy

  • 9780367030407.jpg

    National Security, Personal Privacy and the Law

  • 9780367667887.jpg

    Surveillance, Privacy and Security

See More Products
×

Sign-up to receive top management & result-driven techniques in the industry.

Join over 20,000+ industry leaders who receive our premium content.

SIGN UP TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • eNewsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing