HF 809

as introduced - 88th Legislature (2013 - 2014) Posted on 02/22/2013 01:46pm

A bill for an act
relating to data practices; eliminating an administrative remedy for certain
data practices violations; amending Minnesota Statutes 2012, sections 13.072,
subdivision 2; 13.08, subdivision 4; repealing Minnesota Statutes 2012, section
13.085.

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

Section 1.

Minnesota Statutes 2012, section 13.072, subdivision 2, is amended to read:

Subd. 2.

Effect.

Opinions issued by the commissioner under this section are not
binding on the government entity or members of a body subject to chapter 13D whose
data or performance of duties is the subject of the opinion, but an opinion described in
subdivision 1, paragraph (a), must be given deference by a court deleted text begin or other tribunal deleted text end in a
proceeding involving the data. The commissioner shall arrange for public dissemination
of opinions issued under this section, and shall indicate when the principles stated in
an opinion are not intended to provide guidance to all similarly situated persons or
government entities. This section does not preclude a person from bringing any other
action under this chapter or other law in addition to or instead of requesting a written
opinion. A government entity, members of a body subject to chapter 13D, or person that
acts in conformity with a written opinion of the commissioner issued to the government
entity, members, or person or to another party is not liable for compensatory or exemplary
damages or awards of attorneys fees in actions for violations arising under section 13.08
deleted text begin or 13.085 deleted text end , or for a penalty under section 13.09 or for fines, awards of attorney fees, or
any other penalty under chapter 13D. A member of a body subject to chapter 13D is not
subject to forfeiture of office if the member was acting in reliance on an opinion.

Sec. 2.

Minnesota Statutes 2012, section 13.08, subdivision 4, is amended to read:

Subd. 4.

Action to compel compliance.

(a) deleted text begin Actions to compel compliance may be
brought either under this subdivision or section 13.085. For actions under this subdivision,
deleted text end In addition to the remedies provided in subdivisions 1 to 3 or any other law, any aggrieved
person seeking to enforce the person's rights under this chapter or obtain access to data
may bring an action in district court to compel compliance with this chapter and may
recover costs and disbursements, including reasonable attorney's fees, as determined by
the court. If the court determines that an action brought under this subdivision is frivolous
and without merit and a basis in fact, it may award reasonable costs and attorney fees to
the responsible authority. If the court issues an order to compel compliance under this
subdivision, the court may impose a civil penalty of up to $1,000 against the government
entity. This penalty is payable to the state general fund and is in addition to damages
under subdivision 1. The matter shall be heard as soon as possible. In an action involving
a request for government data under section 13.03 or 13.04, the court may inspect in
camera the government data in dispute, but shall conduct its hearing in public and in a
manner that protects the security of data classified as not public. If the court issues an
order to compel compliance under this subdivision, the court shall forward a copy of the
order to the commissioner of administration.

(b) In determining whether to assess a civil penalty under this subdivision, the court
deleted text begin or other tribunal deleted text end shall consider whether the government entity has substantially complied
with general data practices under this chapter, including but not limited to, whether the
government entity has:

(1) designated a responsible authority under section 13.02, subdivision 16;

(2) designated a data practices compliance official under section 13.05, subdivision
13;

(3) prepared the public document that names the responsible authority and describes
the records and data on individuals that are maintained by the government entity under
section 13.05, subdivision 1;

(4) developed public access procedures under section 13.03, subdivision 2;
procedures to guarantee the rights of data subjects under section 13.05, subdivision 8; and
procedures to ensure that data on individuals are accurate and complete and to safeguard
the data's security under section 13.05, subdivision 5;

(5) acted in conformity with an opinion issued under section 13.072 that was sought
by a government entity or another person; or

(6) provided ongoing training to government entity personnel who respond to
requests under this chapter.

(c) The court shall award reasonable attorney fees to a prevailing plaintiff who has
brought an action under this subdivision if the government entity that is the defendant in
the action was also the subject of a written opinion issued under section 13.072 and the
court finds that the opinion is directly related to the cause of action being litigated and that
the government entity did not act in conformity with the opinion.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 13.085, new text end new text begin is repealed.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment, and apply to actions
commenced on or after that date.
new text end