HF 222

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/12/2015 03:40pm

A bill for an act
relating to data practices; classifying data related to automated license plate
readers and requiring a governing policy; requiring a log of use; requiring data
to be destroyed in certain circumstances; requiring an inventory of surveillance
technology; requiring a report; amending Minnesota Statutes 2014, section
13.82, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapters 13; 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [13.026] INVENTORY OF SURVEILLANCE TECHNOLOGY.
new text end

new text begin Subdivision 1. new text end

new text begin Inventory required. new text end

new text begin The responsible authority of a government
entity shall prepare and update an inventory of surveillance technology maintained or used
by the government entity. For purposes of this section, "surveillance technology" means
technology that can be used to track the location, personal characteristics, or activities of
an individual or the property of an individual.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin By January 15 of each year, a government entity shall submit
a report to the legislature that includes an inventory of all surveillance technologies
maintained or used by the government entity during the previous calendar year and any
new surveillance technology that the government entity may maintain or use during the
current calendar year. The report must be submitted to the chairs and ranking minority
members of the policy committees of the legislature with jurisdiction over data practices
issues, and is public at all times.
new text end

Sec. 2.

Minnesota Statutes 2014, section 13.82, subdivision 2, is amended to read:

Subd. 2.

Arrest data.

The following data created or collected by law enforcement
agencies which document any actions taken by them to cite, arrest, incarcerate or
otherwise substantially deprive an adult individual of liberty shall be public at all times
in the originating agency:

(a) time, date and place of the action;

(b) any resistance encountered by the agency;

(c) any pursuit engaged in by the agency;

(d) whether any weapons were used by the agency or other individual;

(e) the charge, arrest or search warrants, or other legal basis for the action;

(f) the identities of the agencies, units within the agencies and individual persons
taking the action;

(g) whether and where the individual is being held in custody or is being incarcerated
by the agency;

(h) the date, time and legal basis for any transfer of custody and the identity of the
agency or person who received custody;

(i) the date, time and legal basis for any release from custody or incarceration;

(j) the name, age, sex and last known address of an adult person or the age and sex
of any juvenile person cited, arrested, incarcerated or otherwise substantially deprived
of liberty;

(k) whether the agency employed new text begin an automated license plate reader, new text end wiretaps or
other eavesdropping techniques, unless the release of this specific data would jeopardize
an ongoing investigation;

(l) the manner in which the agencies received the information that led to the arrest
and the names of individuals who supplied the information unless the identities of those
individuals qualify for protection under subdivision 17; and

(m) response or incident report number.

Sec. 3.

new text begin [13.824] AUTOMATED LICENSE PLATE READERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "automated license plate reader"
means government data derived from an automated reader that captures motor vehicle
license plate numbers. Automated license plate reader includes a device that is owned
or operated by a person who is not a government entity to the extent that data collected
by the reader are shared with a law enforcement agency.
new text end

new text begin Subd. 2. new text end

new text begin Data collection; classification; use restrictions. new text end

new text begin (a) Data collected by an
automated license plate reader must be limited to the following:
new text end

new text begin (1) license plate numbers;
new text end

new text begin (2) date, time, and location data on vehicles; and
new text end

new text begin (3) pictures of license plates, vehicles, and areas surrounding the vehicles.
new text end

new text begin Collection of any data not authorized by this paragraph is prohibited.
new text end

new text begin (b) All data collected by an automated license plate reader are private data on
individuals or nonpublic data unless the data are public under section 13.82, subdivisions
2, 3, or 6, or are active criminal investigative data under section 13.82, subdivision 7.
Maintenance of data collected from an automated license plate reader, without additional
evidence and a reasonable, articulable suspicion that the data relates to the commission
of a crime, is not sufficient to constitute an active criminal investigation for purposes of
section 13.82, subdivision 7. Data that are inactive criminal investigative data are subject
to the destruction standards provided in subdivision 3.
new text end

new text begin (c) A law enforcement agency must only use the Minnesota license plate data file
and may not develop or organize its own data files or database for matching data collected
from an automated license plate reader, unless the data is intended to locate a specific
person that is the subject of an active criminal investigation. A central state repository of
automated license plate reader data is prohibited unless explicitly authorized by law.
new text end

new text begin (d) An automated license plate reader may not be used to target and track, at a
specific location, a person subject to an active criminal investigation except if authorized
by warrant.
new text end

new text begin Subd. 3. new text end

new text begin Destruction of data required. new text end

new text begin (a) Notwithstanding section 138.17, data
collected by an automated license plate reader must be destroyed:
new text end

new text begin (1) within 30 days from the time of collection, if the data are classified under
subdivision 2, provided that if the law enforcement agency has received a written request
that the data be preserved from an individual who is the subject of a pending criminal
charge or complaint that includes the case or complaint number and a statement that
the data may be used as exculpatory evidence, the data must not be destroyed until the
criminal charge or complaint is resolved or dismissed; or
new text end

new text begin (2) upon request of a program participant under chapter 5B, at the time of collection
or upon receipt of the request, whichever occurs later, unless the data are active criminal
investigative data.
new text end

new text begin (b) Data on a request of a program participant under paragraph (a), clause (2), are
private data on individuals.
new text end

new text begin Subd. 4. new text end

new text begin Sharing among law enforcement agencies. new text end

new text begin (a) Automated license plate
reader data may only be shared with, or disseminated to, another law enforcement agency
upon a reasonable, articulable suspicion that the data relates to the commission of a crime.
A request for data sharing under this paragraph must meet the standards for requesting
access to data as provided in subdivision 7, paragraph (a).
new text end

new text begin (b) If data collected by an automated license plate reader are shared with another
law enforcement agency, the agency that receives the data must comply with all data
classification, destruction, and security requirements of this section.
new text end

new text begin (c) Automated license plate reader data may not be shared with, disseminated to,
sold, or traded with any other individual or entity unless explicitly authorized by this
subdivision or law.
new text end

new text begin Subd. 5. new text end

new text begin Log of use required. new text end

new text begin (a) A law enforcement agency that installs or
uses an automated license plate reader must maintain a public log of its use, including
but not limited to:
new text end

new text begin (1) specific times of day that the reader actively collected data;
new text end

new text begin (2) the aggregate number of vehicles or license plates on which data are collected for
each period of active use;
new text end

new text begin (3) for each period of active use, the number of vehicles or license plates in each of
the following categories where the data identify a vehicle or license plate that has been
stolen, a warrant for the arrest of the owner of the vehicle or an owner with a suspended or
revoked driver's license or similar category, or are active investigative data; and
new text end

new text begin (4) for a reader at a stationary or fixed location, the location at which the reader
actively collected data and is installed and used.
new text end

new text begin (b) The law enforcement agency must maintain a list of the current and previous
locations, including dates at those locations, of any fixed stationary automated license
plate readers used by the agency. The agency's list must be accessible to the public.
new text end

new text begin Subd. 6. new text end

new text begin Annual audit. new text end

new text begin (a) In addition to the log required under subdivision 5,
the law enforcement agency must maintain records showing the date and time the data
were collected and the applicable classification of the data. The law enforcement agency
shall arrange for an independent, annual audit of the records to determine whether data
currently in the records are classified, how the data are used, whether they are destroyed
as required under this section, and to verify compliance with subdivision 7. Data in the
records required under this paragraph are classified as provided in subdivision 2.
new text end

new text begin (b) The results of the audit are public. A law enforcement agency determined to
be in a pattern of substantial noncompliance with this section must immediately suspend
operation of all automated license plate reader devices until such time as the legislature
has authorized the agency, by law, to reinstate their use. An order of suspension under
this paragraph shall be issued by the commissioner of administration, upon review of the
results of the audit, review of the applicable provisions of this chapter, and after providing
the agency a reasonable opportunity to respond to the audit's findings.
new text end

new text begin (c) A report summarizing the results of each audit must be provided to the
commissioner of administration and to the chair and ranking minority members of the
committees of the house of representatives and the senate with jurisdiction over data
practices and public safety issues, no later than 30 days following completion of the audit.
new text end

new text begin Subd. 7. new text end

new text begin Authorization to access data. new text end

new text begin (a) A law enforcement agency must comply
with sections 13.05, subdivision 5, and 13.055 in the operation of automated license
plate readers and access to the data. The responsible authority for a law enforcement
agency must establish written procedures to ensure that law enforcement personnel have
access to the data only if authorized in writing, on a case-by-case basis, by the chief of
police, sheriff, or head of the law enforcement agency, or their designee, to obtain access
to data collected by an automated license plate reader for a legitimate, specified, and
documented law enforcement purpose. Access to the data must be pertinent to an active
criminal investigation, and a request for access must include a record of the factual basis
for the request and any associated case number, complaint, or incident that is the basis
for the request.
new text end

new text begin (b) The ability of authorized individuals to enter, update, or access data must be
limited through the use of role-based access that corresponds to the official duties or
training level of the individual and the statutory authorization that grants access for that
purpose. All queries and responses, and all actions in which data are entered, updated,
accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained in
the audit trail are public, to the extent that the data are not otherwise classified by law.
new text end

new text begin Subd. 8. new text end

new text begin Notification to Bureau of Criminal Apprehension. new text end

new text begin (a) Within ten days
of the installation or current use of an automated license plate reader, a law enforcement
agency must notify the Bureau of Criminal Apprehension of any fixed location of a
stationary automated license plate reader and, if applicable, if the agency uses any other
automated license plate reader or any other type of electronic device or technology that
collects data on motor vehicles or occupants that may be used for identification purposes
or for tracking activities of motor vehicles or individuals.
new text end

new text begin (b) The Bureau of Criminal Apprehension must maintain a list of law enforcement
agencies using automated license plate readers, including locations of any fixed stationary
automated license plate readers. Except to the extent that the law enforcement agency
determines that the location of a specific reader is security information, as defined in
section 13.37, this list is accessible to the public and must be available on the bureau's
Web site. A determination that the location of a reader is security information is subject to
in camera judicial review, as provided in section 13.08, subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
Data collected before the effective date of this section must be destroyed, if required by
this section, no later than 15 days after the date this section becomes effective.
new text end

Sec. 4.

new text begin [626.8472] AUTOMATED LICENSE PLATE READER POLICY.
new text end

new text begin The chief law enforcement officer of every state and local law enforcement agency
shall establish and enforce a written policy governing automated license plate readers. A
law enforcement agency that does not comply with this section must not use an automated
license plate reader. At a minimum, the policies and procedures must incorporate the
requirements of section 13.824, and the employee discipline standards for unauthorized
access to data contained in section 13.09.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
provided that chief law enforcement officers shall adopt the policy required under this
section no later than January 15, 2016.
new text end