HF 1134

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data practices; clarifying and modifying 
  1.3             access to data on employees reporting violations of 
  1.4             law; amending Minnesota Statutes 1998, section 
  1.5             181.932, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 181.932, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [DISCLOSURE OF IDENTITY.] No public official or 
  1.10  law enforcement official shall disclose, or cause to disclose, 
  1.11  The identity of any employee making a report or providing 
  1.12  information under subdivision 1 without the employee's consent 
  1.13  unless the investigator determines that disclosure is necessary 
  1.14  for prosecution., clause (a) or (d), is private data on 
  1.15  individuals as defined in section 13.02.  The identity of an 
  1.16  employee providing information under subdivision 1, clause (b), 
  1.17  is private data on individuals if: 
  1.18     (1) the employee would not have provided the information 
  1.19  without an assurance that the employee's identity would remain 
  1.20  private, because of a concern that the employer would commit an 
  1.21  action prohibited under subdivision 1 or that the employee would 
  1.22  be subject to some other form of retaliation; or 
  1.23     (2) the state agency, statewide system, or political 
  1.24  subdivision reasonably believes that the employee would not have 
  1.25  provided the data because of that concern.  
  2.1      If the disclosure is necessary for prosecution, the 
  2.2   identity of the employee may be disclosed but the employee shall 
  2.3   be informed prior to the disclosure.