as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to data practices; attorney general data; 1.3 modifying access to certain consumer complaint data; 1.4 amending Minnesota Statutes 1996, section 13.65, 1.5 subdivision 1, and by adding a subdivision. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 1996, section 13.65, 1.8 subdivision 1, is amended to read: 1.9 Subdivision 1. [PRIVATE DATA.] The following data created, 1.10 collected, and maintained by the office of the attorney general 1.11 are classified as private data on individuals: 1.12 (a) the record, including but not limited to, the 1.13 transcript and exhibits of all disciplinary proceedings held by 1.14 a state agency, board or commission, except in those instances 1.15 where there is a public hearing; 1.16 (b) communications and noninvestigative files regarding 1.17 administrative or policy matters which do not evidence final 1.18 public actions; 1.19 (c) consumer complaint data, other than that data 1.20 classified as confidential, including consumers' complaints 1.21 against businesses and follow-up investigative materials, except 1.22 as otherwise provided by subdivision 2a; 1.23 (d) investigative data, obtained in anticipation of, or in 1.24 connection with litigation or an administrative proceeding where 1.25 the investigation is not currently active; and 2.1 (e) data collected by the consumer division of the attorney 2.2 general's office in its administration of the home protection 2.3 hot line including: the name, address, andphonetelephone 2.4 number of the consumer; the name and address of the mortgage 2.5 company; the total amount of the mortgage; the amount of money 2.6 needed to bring the delinquent mortgage current; the consumer's 2.7 place of employment; the consumer's total family income; and the 2.8 history of attempts made by the consumer to renegotiate a 2.9 delinquent mortgage. 2.10 Sec. 2. Minnesota Statutes 1996, section 13.65, is amended 2.11 by adding a subdivision to read: 2.12 Subd. 2a. [CERTAIN CONSUMER COMPLAINT DATA.] Private or 2.13 confidential consumer complaint data may be released to an 2.14 attorney representing a party in an action involving a consumer 2.15 complaint unless: 2.16 (1) the attorney general determines that release of the 2.17 data would interfere with an active investigation or litigation 2.18 being conducted by the attorney general; or 2.19 (2) in the case of identifying data on a complainant, the 2.20 individual refused a request by the attorney general to allow 2.21 release of the data.