HF 2522

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data practices; access to certain economic 
  1.3             security data; amending Minnesota Statutes 1999 
  1.4             Supplement, section 268.19. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.7   268.19, is amended to read: 
  1.8      268.19 [INFORMATION DATA PRIVACY.] 
  1.9      (a) Except as otherwise provided by this section, data 
  1.10  gathered from any employer or individual pursuant to the 
  1.11  administration of sections 268.03 to 268.23 are private data on 
  1.12  individuals or nonpublic data not on individuals as defined in 
  1.13  section 13.02, subdivisions 9 and 12, and may not be disclosed 
  1.14  except pursuant to a court order or section 13.05.  These data 
  1.15  may be disseminated to and used by the following agencies 
  1.16  without the consent of the subject of the data:  
  1.17     (1) state and federal agencies specifically authorized 
  1.18  access to the data by state or federal law; 
  1.19     (2) any agency of Minnesota or any other state; or any 
  1.20  federal agency charged with the administration of an employment 
  1.21  security law or the maintenance of a system of public employment 
  1.22  offices; 
  1.23     (3) human rights agencies within Minnesota that have 
  1.24  enforcement powers; 
  1.25     (4) the department of revenue must have access to 
  2.1   department private data on individuals and nonpublic data not on 
  2.2   individuals only to the extent necessary for enforcement of 
  2.3   Minnesota tax laws; 
  2.4      (5) public and private agencies responsible for 
  2.5   administering publicly financed assistance programs for the 
  2.6   purpose of monitoring the eligibility of the program's 
  2.7   recipients; 
  2.8      (6) the department of labor and industry on an 
  2.9   interchangeable basis with the department subject to the 
  2.10  following limitations and regardless of any law to the contrary: 
  2.11     (i) the department must have access to private data on 
  2.12  individuals and nonpublic data not on individuals for uses 
  2.13  consistent with the administration of its duties under sections 
  2.14  268.03 to 268.23; and 
  2.15     (ii) the department of labor and industry must have access 
  2.16  to private data on individuals and nonpublic data not on 
  2.17  individuals for uses consistent with the administration of its 
  2.18  duties under Minnesota law; 
  2.19     (7) the department of trade and economic development may 
  2.20  have access to private data on individual employers and 
  2.21  nonpublic data not on individual employers for its internal use 
  2.22  only; when received by the department of trade and economic 
  2.23  development, the data remain private data on individuals or 
  2.24  nonpublic data; 
  2.25     (8) local and state welfare agencies for monitoring the 
  2.26  eligibility of the data subject for assistance programs, or for 
  2.27  any employment or training program administered by those 
  2.28  agencies, whether alone, in combination with another welfare 
  2.29  agency, or in conjunction with the department or to monitor and 
  2.30  evaluate the statewide Minnesota family investment program by 
  2.31  providing data on recipients and former recipients of food 
  2.32  stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 
  2.33  child care assistance under chapter 119B, or medical programs 
  2.34  under chapter 256B, 256D, or 256L; 
  2.35     (9) local, state, and federal law enforcement agencies for 
  2.36  the sole purpose of ascertaining the last known address and 
  3.1   employment location of the data subject, provided the data 
  3.2   subject is the subject of a criminal investigation; and 
  3.3      (10) the federal Immigration and Naturalization Service may 
  3.4   have access to data on specific individuals and specific 
  3.5   employers provided the specific individual or specific employer 
  3.6   is the subject of an investigation by that agency; and 
  3.7      (11) the department of health may have access to private 
  3.8   data on individuals and nonpublic data not on individuals solely 
  3.9   for the purposes of epidemiologic investigations.  
  3.10     (b) Data on individuals and employers that are collected, 
  3.11  maintained, or used by the department in an investigation 
  3.12  pursuant to section 268.182 are confidential as to data on 
  3.13  individuals and protected nonpublic data not on individuals as 
  3.14  defined in section 13.02, subdivisions 3 and 13, and must not be 
  3.15  disclosed except pursuant to statute or court order or to a 
  3.16  party named in a criminal proceeding, administrative or 
  3.17  judicial, for preparation of a defense.  
  3.18     (c) Tape recordings and transcripts of recordings of 
  3.19  proceedings conducted in accordance with section 268.105 and 
  3.20  exhibits received into evidence at those proceedings are private 
  3.21  data on individuals and nonpublic data not on individuals and 
  3.22  must be disclosed only pursuant to the administration of section 
  3.23  268.105, or pursuant to a court order.  
  3.24     (d) The department may disseminate an employer's name, 
  3.25  address, industry code, occupations employed, and the number of 
  3.26  employees by ranges of not less than 100 for the purpose of 
  3.27  assisting individuals using the Minnesota workforce center 
  3.28  system in obtaining employment. 
  3.29     (e) The general aptitude test battery and the nonverbal 
  3.30  aptitude test battery as administered by the department are 
  3.31  private data on individuals or nonpublic data.  
  3.32     (f) Data gathered by the department pursuant to the 
  3.33  administration of sections 268.03 to 268.23 must not be made the 
  3.34  subject or the basis for any suit in any civil proceedings, 
  3.35  administrative or judicial, unless the action is initiated by 
  3.36  the department.