HF 1449

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am

A bill for an act
relating to public safety; classifying criminal intelligence data under the Data
Practices Act; proposing coding for new law in Minnesota Statutes, chapter 13.

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

Section 1.

new text begin [13.823] CRIMINAL INTELLIGENCE DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The terms defined in this section have the meanings
given them.
new text end

new text begin (a) "Association data" means data that document the associations or activities of a
person and that are about that person's political, religious, or social views.
new text end

new text begin (b) "Criminal intelligence data" means data a law enforcement agency uses to
anticipate, prevent, or monitor possible criminal or terrorist activity by a person. Criminal
intelligence data does not include association data unless the association data have a direct
relationship to criminal or terrorist activities by a person.
new text end

new text begin (c) "Criminal intelligence data assessment" means an analysis based on criminal
intelligence data.
new text end

new text begin (d) "Criminal predicate" means sufficient, articulable facts, along with rational
inferences from those facts, to give employees working under the supervision of a law
enforcement agency a basis to believe that there is a reasonable possibility that a person is
involved in criminal or terrorist activity.
new text end

new text begin (e) "Critical infrastructure" means physical or virtual assets that, when incapacitated
or destroyed, would have a debilitating impact on the physical or economic security,
public health, or public safety of the citizens of the state.
new text end

new text begin (f) "Law enforcement agency" means a government agency at the federal, state, or
local level, including agencies in other states, that are charged with detecting criminal
activity, enforcing criminal laws, or protecting critical infrastructure.
new text end

new text begin (g) "Terrorist activity" means acts dangerous to human life that violate the criminal
laws of this state or the United States and appear to be intended to:
new text end

new text begin (1) intimidate or coerce the civilian population;
new text end

new text begin (2) influence the policy of the state by intimidation or coercion; or
new text end

new text begin (3) affect the state by mass destruction, assassination, or kidnapping.
new text end

new text begin (h) "Threat of imminent serious harm" means a credible impending threat to the
safety of a person, government entity, or property.
new text end

new text begin Subd. 2. new text end

new text begin Data classification and retention. new text end

new text begin (a) Criminal intelligence data are
classified as confidential data on individuals or protected nonpublic data for a period of
one year. After one year, the data classification changes to private data on individuals or
nonpublic data unless the following criteria are met:
new text end

new text begin (1) the source of the data is reliable and verifiable;
new text end

new text begin (2) the person alleged to be involved in criminal activity can be identified;
new text end

new text begin (3) the allegations of criminal activity are supported by a criminal predicate;
new text end

new text begin (4) the data were collected in a lawful manner; and
new text end

new text begin (5) the data are accurate and current.
new text end

new text begin If the criteria are met, the data remain classified as confidential data on individuals
or protected nonpublic data.
new text end

new text begin (b) The informed consent of the subject of the data is not effective if the data are
classified as private data on individuals or nonpublic data.
new text end

new text begin (c) Notwithstanding any other law to the contrary, data that have changed
classification as required by paragraph (a) shall not be maintained by a government entity
for more than three years from the last date the classification changed.
new text end

new text begin (d) If, prior to the destruction required by paragraph (c), the criteria in paragraph (a)
can be met, the data classification reverts to confidential data on individuals or protected
nonpublic data.
new text end

new text begin (e) Criminal intelligence data assessments and dissemination records are classified
as confidential data on individuals or protected nonpublic data.
new text end

new text begin Subd. 3. new text end

new text begin Sharing authorized. new text end

new text begin (a) Criminal intelligence data may be shared with:
new text end

new text begin (1) a law enforcement agency, if the recipient demonstrates a criminal predicate
related to the data requested;
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new text begin (2) a law enforcement agency to charge a person with a crime or allege that a
juvenile is delinquent;
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new text begin (3) a person or government entity when the dissemination is needed to protect the
person, government entity, or property from the threat of imminent serious harm;
new text end

new text begin (4) a person or government entity to protect critical infrastructure;
new text end

new text begin (5) a law enforcement agency conducting the background check required by section
626.87; or
new text end

new text begin (6) the public to promote public health or safety or to dispel widespread rumor
or unrest.
new text end

new text begin (b) Criminal intelligence data assessments may be shared with:
new text end

new text begin (1) a law enforcement agency;
new text end

new text begin (2) a person or government entity when the dissemination is needed to protect the
person, government entity, or property from the threat of imminent serious harm;
new text end

new text begin (3) a person or government entity to protect critical infrastructure; or
new text end

new text begin (4) the public to promote public health or safety or to dispel widespread rumor
or unrest.
new text end

new text begin Subd. 4. new text end

new text begin Data prohibitions. new text end

new text begin (a) Unless there is a criminal predicate, a law
enforcement agency may not maintain or use criminal intelligence data.
new text end

new text begin (b) Association data may not be maintained by a Minnesota law enforcement agency
or shared with any law enforcement agency.
new text end

new text begin Subd. 5. new text end

new text begin Dissemination record. new text end

new text begin A law enforcement agency shall keep a
dissemination record of each sharing made under subdivision 3, paragraph (a).
new text end