Minnesota Government Data Practices Act: private contractors and government breach notice
MN MGDPA (contractor provisions)
Government records · Breach notification · Data security
Private companies that perform government functions under contract with a Minnesota government entity must handle the resulting data under the Minnesota Government Data Practices Act as if they were the government, and every such contract must say so. Government entities must notify individuals of breaches of private or confidential data and prepare an investigation report.
- Where
- Minnesota
- Citation
- Minn. Stat. 13.05, subd. 11; 13.055; 13.08
- Status
- In force
- Enforced by
- Individuals by civil action; courts may enjoin violations (13.08)
- People can sue
- Yes
- Penalties
- A responsible authority or government entity that violates chapter 13 is liable for damages, costs, and reasonable attorney fees, plus exemplary damages of $1,000 to $15,000 per willful violation (13.08, subd. 1); contractors must comply 'as if' they were government entities (13.05, subd. 11).
- Applies to
- Private persons that contract with Minnesota government entities to perform government functions, for the data they handle under the contract (13.05, subd. 11)
- Government entities (breach notice, 13.055; liability, 13.08)
Practices it requires
- A private contractor performing a government entity's functions must comply with chapter 13 for all data it creates, collects, receives, stores, uses, maintains, or disseminates in doing so; government contracts must include notice of this requirement.Minn. Stat. 13.05, subd. 11(a) · Only if: Applies to private persons under contract to perform government functions
Breach duties
- Government entities must give written notice to individuals whose private or confidential data was, or is reasonably believed to have been, acquired by an unauthorized person, and prepare a report on the investigation.Minn. Stat. 13.055, subd. 2
Sources
- Official text
- Minn. Stat. 13.05 (Office of the Revisor of Statutes)
- Minn. Stat. 13.055
- Minn. Stat. 13.08
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Whether 13.08 damages run directly against private contractors (as opposed to the contracting government entity) was not confirmed from case law.
Research reference, not legal advice.