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13.825 <br />MINNESOTA STATUTES 2021 4 <br />the new surveillance technology. The notice must include a description of the technology and its surveillance <br />capability and intended uses. The notices are accessible to the public and must be available on the bureau's <br />website. <br />Subd. 11. Portable recording system vendor. (a) For purposes of this subdivision, "portable recording <br />system vendor" means a person who is not a government entity and who provides services for the creation, <br />collection, retention, maintenance, processing, or dissemination of portable recording system data for a law <br />enforcement agency or other government entity. By providing these services to a government entity, a vendor <br />is subject to all of the requirements of this chapter as if it were a government entity. <br />(b) A portable recording system vendor that stores portable recording system data in the cloud must <br />protect the data in accordance with the security requirements of the United States Federal Bureau of <br />Investigation Criminal Justice Information Services Division Security Policy 5.4 or its successor version. <br />(c) Subject to paragraph (d), in an action against a vendor under section 13.08 for a violation of this <br />chapter, the vendor is liable for presumed damages of $2,500 or actual damages, whichever is greater, and <br />reasonable attorney fees. <br />(d) In an action against a vendor that improperly discloses data made not public by this chapter or any <br />other statute classifying data as not public, the vendor is liable for presumed damages of $10,000 or actual <br />damages, whichever is greater, and reasonable attorney fees. <br />Subd. 12. Penalties for violation. In addition to any other remedies provided by law, in the case of a <br />willful violation of this section a law enforcement agency is subject to exemplary damages of not less than <br />twice the minimum, nor more than twice the maximum allowable for exemplary damages under section <br />13.08, subdivision 1. <br />History: 2016 c 171 s 5; 1Sp2021 c 11 art 3 s 5 <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />