HF 2224

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:49pm

A bill for an act
relating to data practices; providing a presumption for an award of attorney fees;
amending Minnesota Statutes 2018, section 13.04, subdivision 4.

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

Section 1.

Minnesota Statutes 2018, section 13.04, subdivision 4, is amended to read:

Subd. 4.

Procedure when data is not accurate or complete.

(a) An individual subject
of the data may contest the accuracy or completeness of public or private data. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature
of the disagreement. The responsible authority shall within 30 days either: (1) correct the
data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate
or incomplete data, including recipients named by the individual; or (2) notify the individual
that the authority believes the data to be correct. Data in dispute shall be disclosed only if
the individual's statement of disagreement is included with the disclosed data.

The determination of the responsible authority may be appealed pursuant to the provisions
of the Administrative Procedure Act relating to contested cases. Upon receipt of an appeal
by an individual, the commissioner shall, before issuing the order and notice of a contested
case hearing required by chapter 14, try to resolve the dispute through education, conference,
conciliation, or persuasion. If the parties consent, the commissioner may refer the matter
to mediation. Following these efforts, the commissioner shall dismiss the appeal or issue
the order and notice of hearing.

(b) Data on individuals that have been successfully challenged by an individual must
be completed, corrected, or destroyed by a government entity without regard to the
requirements of section 138.17.

After completing, correcting, or destroying successfully challenged data, a government
entity may retain a copy of the commissioner of administration's order issued under chapter
14 or, if no order were issued, a summary of the dispute between the parties that does not
contain any particulars of the successfully challenged data.

new text begin (c) A rebuttable presumption shall exist that a complainant who substantially prevails
on the merits in an action brought under this subdivision is entitled to an award of reasonable
attorney fees, not to exceed $5,000. An award of attorney fees may be denied if the judge
determines that the violation is merely technical or that there is a genuine uncertainty about
the meaning of the governing law.
new text end