HF 132

as introduced - 90th Legislature (2017 - 2018) Posted on 01/13/2017 10:08am

A bill for an act
relating to data practices; providing classification of certain law enforcement data;
amending Minnesota Statutes 2016, section 13.82, subdivisions 3, 6.

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

Section 1.

Minnesota Statutes 2016, section 13.82, subdivision 3, is amended to read:

Subd. 3.

Request for service data.

new text begin (a) new text end The following data created or collected by law
enforcement agencies which document requests by the public for law enforcement services
shall be public government data:

deleted text begin (a) deleted text end new text begin (1) new text end the nature of the request or the activity complained of;

deleted text begin (b) deleted text end new text begin (2) new text end the name and address of the individual making the request unless the identity of
the individual qualifies for protection under subdivision 17;

deleted text begin (c) deleted text end new text begin (3) new text end the time and date of the request or complaint; and

deleted text begin (d) deleted text end new text begin (4) new text end the response initiated and the response or incident report number.

new text begin (b) The following data on an individual created or collected by law enforcement agencies
which document requests by the public for law enforcement services are private data on
individuals:
new text end

new text begin (1) telephone number;
new text end

new text begin (2) e-mail address or other digital address; and
new text end

new text begin (3) date of birth.
new text end

Sec. 2.

Minnesota Statutes 2016, section 13.82, subdivision 6, is amended to read:

Subd. 6.

Response or incident data.

new text begin (a) new text end The following data created or collected by law
enforcement agencies which document the agency's response to a request for service
including, but not limited to, responses to traffic accidents, or which describe actions taken
by the agency on its own initiative shall be public government data:

deleted text begin (a) deleted text end new text begin (1) new text end date, time and place of the action;

deleted text begin (b) deleted text end new text begin (2) new text end agencies, units of agencies and individual agency personnel participating in the
action unless the identities of agency personnel qualify for protection under subdivision 17;

deleted text begin (c) deleted text end new text begin (3) new text end any resistance encountered by the agency;

deleted text begin (d) deleted text end new text begin (4) new text end any pursuit engaged in by the agency;

deleted text begin (e) deleted text end new text begin (5) new text end whether any weapons were used by the agency or other individuals;

deleted text begin (f) deleted text end new text begin (6) new text end a brief factual reconstruction of events associated with the action;

deleted text begin (g) deleted text end new text begin (7) new text end names and addresses of witnesses to the agency action or the incident unless the
identity of any witness qualifies for protection under subdivision 17;

deleted text begin (h) deleted text end new text begin (8) new text end names and addresses of any victims or casualties unless the identities of those
individuals qualify for protection under subdivision 17;

deleted text begin (i) deleted text end new text begin (9) new text end the name and location of the health care facility to which victims or casualties
were taken;

deleted text begin (j) deleted text end new text begin (10) new text end response or incident report number;

deleted text begin (k) deleted text end new text begin (11) new text end dates of birth of the parties involved in a traffic accident;

deleted text begin (l) deleted text end new text begin (12) new text end whether the parties involved were wearing seat belts;

deleted text begin (m) deleted text end new text begin (13) new text end the alcohol concentration of each driver; and

deleted text begin (n) deleted text end new text begin (14) new text end whether the agency used a portable recording system to document the agency's
response or actions.

new text begin (b) The following data on an individual created or collected by law enforcement agencies
which document the agency's response to a request for service including, but not limited
to, responses to traffic accidents, or which describe actions taken by the agency on its own
initiative, are private data on individuals:
new text end

new text begin (1) telephone number;
new text end

new text begin (2) e-mail address or other digital address; and
new text end

new text begin (3) date of birth.
new text end