2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human rights; reclassifying certain 1.3 investigative data; amending Minnesota Statutes 1996, 1.4 section 363.061, subdivisions 2 and 3. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1996, section 363.061, 1.7 subdivision 2, is amended to read: 1.8 Subd. 2. [ACCESS TO OPEN FILES.] (a) Except as otherwise 1.9 provided in this subdivision, human rights investigative dataon1.10an individual, with the exception of the name and address of the1.11charging party and respondent, factual basis of the allegations,1.12and the statute under which the action is brought,contained in 1.13 an open case fileis classified asare confidential data on 1.14 individuals or protected nonpublic data. The name and address 1.15 of the charging party and respondent, factual basis of the 1.16 allegations, and the statute under which the action is brought 1.17 areclassified as private data until seven working days after1.18the commissioner has mailed a copy of the charge to the1.19respondent, at which time the data become public, unless the1.20commissioner determines that release of the data would be1.21detrimental to the investigative and enforcement processprivate 1.22 data on individuals or nonpublic data but are accessible to the 1.23 charging party and the respondent. 1.24 (b)Human rights investigative data not on an individual1.25contained in an open case file is classified as protected2.1nonpublic data.2.2(c) Notwithstanding this subdivision,After making a 2.3 finding of probable cause, the commissioner may make human 2.4 rights investigative data contained in an open case file 2.5 accessible to a person, government agency, or the public if 2.6 access will aid the investigative and enforcement process. 2.7 Sec. 2. Minnesota Statutes 1996, section 363.061, 2.8 subdivision 3, is amended to read: 2.9 Subd. 3. [ACCESS TO CLOSED FILES.] (a) Except as otherwise 2.10 provided in this subdivision, human rights investigative dataon2.11an individualcontained in a closed case fileis classified as2.12 are private, with the exception of the following documents:data 2.13 on individuals or nonpublic data. The name and address of the 2.14 charging party and respondent, factual basis of the allegations, 2.15andthe statute under which the action is brought, the part of 2.16 the summary of the investigation that does not contain 2.17 identifying data onan individuala person other than the 2.18 complainant or respondent, and the commissioner's memorandum 2.19 determining whether probable cause has been shown are public 2.20 data. 2.21 (b)Human rights investigative data not on an individual2.22contained in a closed case file is classified as nonpublic.2.23(c) Notwithstanding this subdivision,The commissioner may 2.24 make human rights investigative data contained in a closed case 2.25 file inaccessible to the charging party or the respondent in 2.26 order to protect medical or other security interests of the 2.27 parties or third persons.