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SF 3446

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/22/2016 12:04pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to data practices; restricting use of private and nonpublic data to only
those purposes authorized by law; amending Minnesota Statutes 2014, section
13.03, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 13.03, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Access to private data. new text end

new text begin (a) Unless the data subject has otherwise
provided consent, a person who is not the subject of private or nonpublic data but is
authorized to access that data for a purpose expressed by state or federal law:
new text end

new text begin (1) may only request and use the data for that purpose; and
new text end

new text begin (2) may not further disseminate the data to another person except for purposes
expressly authorized by law.
new text end

new text begin (b) Prior to dissemination of private or nonpublic data to a person who is not a subject
of the data, a government entity must require the requesting person to certify, in writing, that
the data will only be used for an authorized purpose, if authorized purposes are expressly
provided by law. This paragraph does not apply to requests for access to data made on
behalf of a government entity or to contracts governed by section 13.05, subdivision 11.
new text end

new text begin (c) The remedies provided in sections 13.08 and 13.09 apply to any person who uses
or disseminates data in violation of this subdivision. A government entity is not subject
to civil or criminal liability for a violation of paragraph (a), if it has complied with the
requirements of paragraph (b).
new text end