HF 1239

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; establishing the office of 
  1.3             public access to government data; requiring the 
  1.4             director of the office to issue opinions on questions 
  1.5             from state agencies, statewide systems, and political 
  1.6             subdivisions relating to public access to government 
  1.7             information; transferring duties from the commissioner 
  1.8             of administration to the director; transferring the 
  1.9             public information policy analysis division of the 
  1.10            department of administration to the office of public 
  1.11            access to government data; amending Minnesota Statutes 
  1.12            1998, section 13.072. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 13.072, is 
  1.15  amended to read: 
  1.16     13.072 [OPINIONS BY THE COMMISSIONER PUBLIC ACCESS TO 
  1.17  GOVERNMENT DATA.] 
  1.18     Subdivision 1.  [OFFICE OF PUBLIC ACCESS.] The office of 
  1.19  public access to government data is an office in the executive 
  1.20  branch headed by a director.  The governor must appoint the 
  1.21  director, without regard to political affiliation, to a 
  1.22  four-year term and must only remove the director for cause.  The 
  1.23  director must perform the duties described in this section and 
  1.24  must be a highly competent person, qualified to analyze 
  1.25  questions of law, administration, and public policy.  The 
  1.26  commissioner of administration must provide staff and 
  1.27  administrative support to the director. 
  1.28     Subd. 2.  [OPINION; WHEN REQUIRED.] (a) Upon request of a 
  1.29  state agency, statewide system, or political subdivision, 
  2.1   the commissioner director may give a written opinion on any 
  2.2   question relating to public access to government data, rights of 
  2.3   subjects of data, or classification of data under this chapter 
  2.4   or other Minnesota statutes governing government data 
  2.5   practices.  Upon request of any a person who disagrees with a 
  2.6   determination regarding data practices made by a state agency, 
  2.7   statewide system, or political subdivision, the commissioner 
  2.8   director may give a written opinion regarding the person's 
  2.9   rights as a subject of government data or right to have access 
  2.10  to government data.  If the commissioner director determines 
  2.11  that no opinion will be issued, the commissioner director shall 
  2.12  give the state agency, statewide system, political subdivision, 
  2.13  or person requesting the opinion notice of the decision not to 
  2.14  issue the opinion within five days of receipt of the request.  
  2.15  If this notice is not given, the commissioner director shall 
  2.16  issue an opinion within 20 days of receipt of the request.  For 
  2.17  good cause and upon written notice to the person requesting the 
  2.18  opinion, the commissioner director may extend this deadline for 
  2.19  one additional 30-day period.  The notice must state the reason 
  2.20  for extending the deadline.  The state agency, statewide system, 
  2.21  or political subdivision must be provided a reasonable 
  2.22  opportunity to explain the reasons for its decision regarding 
  2.23  the data.  The commissioner director or the state agency, 
  2.24  statewide system, or political subdivision may choose to give 
  2.25  notice to the subject of the data concerning the dispute 
  2.26  regarding the data. 
  2.27     (b) This section does not apply to a determination made by 
  2.28  the commissioner of health under section 13.38, subdivision 2, 
  2.29  paragraph (c), or 144.6581. 
  2.30     (c) A written opinion issued by the attorney general shall 
  2.31  take takes precedence over an opinion issued by the commissioner 
  2.32  director under this section. 
  2.33     Subd. 2. 2a.  [EFFECT.] Opinions issued by the commissioner 
  2.34  director under this section are not binding on the state agency, 
  2.35  statewide system, or political subdivision whose data is the 
  2.36  subject of the opinion, but must be given deference by a court 
  3.1   in a proceeding involving the data.  The commissioner director 
  3.2   shall arrange for public dissemination of opinions issued under 
  3.3   this section.  This section does not preclude a person from 
  3.4   bringing any other action under this chapter or other law in 
  3.5   addition to or instead of requesting a written opinion.  A state 
  3.6   agency, statewide system, political subdivision, or person that 
  3.7   acts in conformity with a written opinion of the commissioner 
  3.8   director is not liable for compensatory or exemplary damages or 
  3.9   awards of attorneys fees in actions under section 13.08 or for a 
  3.10  penalty under section 13.09. 
  3.11     Subd. 4.  [DATA SUBMITTED TO COMMISSIONER DIRECTOR.] A 
  3.12  state agency, statewide system, or political subdivision may 
  3.13  submit not public data to the commissioner director for the 
  3.14  purpose of requesting or responding to a person's request for an 
  3.15  opinion.  Government data submitted to the commissioner director 
  3.16  by a state agency, statewide system, or political subdivision or 
  3.17  copies of government data submitted by other persons have the 
  3.18  same classification as the data have when held by the state 
  3.19  agency, statewide system, or political subdivision.  If the 
  3.20  nature of the opinion is such that the release of the opinion 
  3.21  would reveal not public data, the commissioner director may 
  3.22  issue an opinion using pseudonyms for individuals.  Data 
  3.23  maintained by the commissioner director, in the record of an 
  3.24  opinion issued using pseudonyms that would reveal the identities 
  3.25  of individuals protected by the use of the pseudonyms, are 
  3.26  private data on individuals. 
  3.27     Sec. 2.  [TRANSFER.] 
  3.28     The public information policy analysis division of the 
  3.29  department of administration is transferred, in accordance with 
  3.30  Minnesota Statutes, section 15.039, to the office of public 
  3.31  access to government data established by section 1.