HF 1326

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 05:26pm

A bill for an act
relating to data practices; classifying certain transit applicant and customer data
as private data on individuals; amending Minnesota Statutes 2022, sections 13.72,
subdivision 19, by adding a subdivision; 473.387, subdivision 4.

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

Section 1.

Minnesota Statutes 2022, section 13.72, subdivision 19, is amended to read:

Subd. 19.

Transit customer data.

(a) new text begin The following new text end data on applicants, users, and
customers of public transit new text begin are private data on individuals: (1) data new text end collected by or through
a government entity's personalized web services or the Metropolitan Council's regional fare
collection system deleted text begin are private data on individuals deleted text end new text begin ; and (2) data collected by telephone or
through a third-party software program for the purposes of booking and using public transit
services new text end . As used in this subdivision, the following terms have the meanings given deleted text begin them deleted text end :

(1) "regional fare collection system" means the fare collection system created and
administered by the council that is used for collecting fares or providing fare cards or passes
for transit services which includes:

(i) regular route bus service within the metropolitan area and paratransit service, whether
provided by the council or by other providers of regional transit service;

(ii) light rail transit service within the metropolitan area;

(iii) rideshare programs administered by the council;

(iv) special transportation services provided under section 473.386; and

(v) commuter rail service;

(2) "personalized web services" means services for which transit service applicants,
users, and customers must establish a user account; deleted text begin and
deleted text end

(3) "metropolitan area" means the area defined in section 473.121, subdivision 2 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) "third-party software program" means a software program that is proprietary to a
third party, including a third-party software program commonly known as a mobile app,
that collects and uses a public transit customer's name and other personally identifiable
information, pick-up and drop-off locations, and other trip data for the purposes of booking
and using public transit services.
new text end

(b) A government entity may disseminate data on user and customer transaction history
and fare card use to government entities, organizations, school districts, educational
institutions, and employers that subsidize or provide fare cards to their clients, students, or
employees. "Data on user and customer transaction history and fare card use" means:

(1) the date a fare card was used;

(2) the time a fare card was used;

(3) the mode of travel;

(4) the type of fare product used; and

(5) information about the date, time, and type of fare product purchased.

Government entities, organizations, school districts, educational institutions, and employers
may use customer transaction history and fare card use data only for purposes of measuring
and promoting fare card use and evaluating the cost-effectiveness of their fare card programs.
If a user or customer requests in writing that the council limit the disclosure of transaction
history and fare card use, the council may disclose only the card balance and the date a card
was last used.

(c) A government entity may disseminate transit service applicant, user, and customer
data to another government entity to prevent unlawful intrusion into government electronic
systems, or as otherwise provided by law.

Sec. 2.

Minnesota Statutes 2022, section 13.72, is amended by adding a subdivision to
read:

new text begin Subd. 20. new text end

new text begin Transit assistance program data. new text end

new text begin (a) Data on applicants and users of
Metropolitan Council programs established under section 473.387, subdivision 4, are
classified as private data on individuals under section 13.02, subdivision 12.
new text end

new text begin (b) The council may disclose transit assistance program data to public or private agencies
or organizations for the purposes of administering and coordinating human services programs
and other support services for the applicants or users.
new text end

Sec. 3.

Minnesota Statutes 2022, section 473.387, subdivision 4, is amended to read:

Subd. 4.

Transit disadvantaged.

The council shall establish a program and policies to
reduce transportation costs for persons who are, because of limited incomes, age, disability,
or other reasons, especially dependent on public transit for common mobility. new text begin Data on
applicants and users of council programs under this subdivision are classified as private
data on individuals under section 13.72, subdivision 20.
new text end

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

new text begin This act is effective the day following final enactment.
new text end