HF 1248

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am

A bill for an act
relating to government data practices; restricting access to data that identify
victims or witnesses in active criminal investigations; amending Minnesota
Statutes 2008, section 13.82, subdivision 17.

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

Section 1.

Minnesota Statutes 2008, section 13.82, subdivision 17, is amended to read:

Subd. 17.

Protection of identities.

A law enforcement agency or a law enforcement
dispatching agency working under direction of a law enforcement agency shall withhold
public access to data on individuals to protect the identity of individuals in the following
circumstances:

(a) when access to the data would reveal the identity of an undercover law
enforcement officer, as provided in section 13.43, subdivision 5;

(b) when access to the data would reveal the identity of a victim or alleged victim of
criminal sexual conduct or of a violation of section 617.246, subdivision 2;

(c) when access to the data would reveal the identity of a paid or unpaid informant
being used by the agency if the agency reasonably determines that revealing the identity of
the informant would threaten the personal safety of the informant;

(d) when access to the data would reveal the identity of a victim deleted text begin of or witness to a
crime if the victim or witness specifically requests not to be identified publicly, unless the
agency reasonably determines that revealing the identity of the victim or witness would
not threaten the personal safety or property of the individual deleted text end new text begin , witness, or potential witness
in an active criminal investigation, until the data are presented as evidence in court new text end ;

(e) when access to the data would reveal the identity of a deceased person whose
body was unlawfully removed from a cemetery in which it was interred;

(f) when access to the data would reveal the identity of a person who placed a call to a
911 system or the identity or telephone number of a service subscriber whose phone is used
to place a call to the 911 system and: (1) the agency determines that revealing the identity
may threaten the personal safety or property of any person; or (2) the object of the call is
to receive help in a mental health emergency. For the purposes of this paragraph, a voice
recording of a call placed to the 911 system is deemed to reveal the identity of the caller;

(g) when access to the data would reveal the identity of a juvenile witness and
the agency reasonably determines that the subject matter of the investigation justifies
protecting the identity of the witness; or

(h) when access to the data would reveal the identity of a mandated reporter under
section 609.456, 626.556, or 626.557.

Data concerning individuals whose identities are protected by this subdivision are
private data about those individuals. Law enforcement agencies shall establish procedures
to acquire the data and make the decisions necessary to protect the identity of individuals
described in clauses (c), (d), (f), and (g).