HF 4326

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 01:07pm

A bill for an act
relating to judiciary; designating certain personal information of justices, judges,
and judicial staff as private data on individuals; restricting dissemination of personal
information; providing a penalty; proposing coding for new law in Minnesota
Statutes, chapters 13; 480; 609.

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

Section 1.

new text begin [13.991] JUDICIAL OFFICIAL DATA; PERSONAL INFORMATION.
new text end

new text begin (a) Subject to paragraph (b), the personal information of all judicial officials collected,
created, or maintained by a government entity is private data on individuals. For purposes
of this section, the terms "personal information" and "judicial official" have the meanings
given in section 480.40, subdivision 1.
new text end

new text begin (b) If the responsible authority or government entity violates this chapter, the individual
remedies in section 13.08 are available only if the judicial official making a claim previously
provided written notification to the responsible authority or government entity confirming
their status as a judicial official on a form provided by the Minnesota judicial branch. In
the case of county records, the form shall be filed in the office of the county recorder in the
county in which the judicial official resides. A form submitted under this section is classified
as private data on individuals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 2.

new text begin [480.40] PERSONAL INFORMATION; DISSEMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Judicial official" means:
new text end

new text begin (1) every Minnesota district court judge, senior judge, retired judge, and every judge of
the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge
who resides in Minnesota;
new text end

new text begin (2) a justice of the Minnesota Supreme Court;
new text end

new text begin (3) employees of the Minnesota judicial branch; and
new text end

new text begin (4) current and retired judges and current employees of the Office of Administrative
Hearings, the Workers' Compensation Court of Appeals, or the Tax Court.
new text end

new text begin (c) "Personal information" means:
new text end

new text begin (1) the residential address of a judicial official;
new text end

new text begin (2) the residential address of the spouse, domestic partner, or children of a judicial
official;
new text end

new text begin (3) a nongovernment issued telephone number or email address of a judicial official;
new text end

new text begin (4) the name of any child of a judicial official; and
new text end

new text begin (5) the name of any child care facility or school that is attended by a child of a judicial
official if combined with an assertion that the named facility or school is attended by the
child of a judicial official.
new text end

new text begin Subd. 2. new text end

new text begin Dissemination of personal information. new text end

new text begin Subject to the exceptions in
subdivision 3, no person, business, association, or government entity shall publicly post,
display, publish, sell, or otherwise make available on the Internet the personal information
of any judicial official. Personal information shall be kept in a secure manner to prevent
unauthorized access. Personal information may be disseminated pursuant to a specific
authorization in law, rule, or with the written consent of the judicial official.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin Subdivision 2 does not apply to:
new text end

new text begin (1) the dissemination of personal information if the information is relevant to and
displayed as part of a news story, commentary, editorial, or other speech on a matter of
public concern;
new text end

new text begin (2) personal information that the judicial official voluntarily disseminates publicly after
the date of enactment of this section; and
new text end

new text begin (3) the dissemination of personal information made at the request of the judicial official
or which is necessary to effectuate the request of a judicial official.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 3.

new text begin [480.45] REMOVAL OF PERSONAL INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Internet dissemination. new text end

new text begin If personal information about a judicial official
is posted to the Internet by a person, business, association, or government entity, the judicial
official may submit a sworn affidavit to the person, business, association, or government
entity requesting that the personal information be removed. The affidavit shall:
new text end

new text begin (1) state that the individual whose information was disseminated is a judicial official as
defined in section 480.40;
new text end

new text begin (2) describe with specificity the personal information that the judicial official seeks to
remove; and
new text end

new text begin (3) state the name of the publication, website, or otherwise identify where the judicial
official's personal information is available to the public.
new text end

new text begin Subd. 2. new text end

new text begin Removal of personal information. new text end

new text begin Upon receipt of an affidavit requesting
removal of the personal information of a judicial official, the person, business, association,
or government entity shall not disclose the personal information to anyone not specifically
authorized by law to view the information, unless disclosure is specifically authorized in
writing by the judicial official. If the person, business, association, or government entity
fails to remove the personal information within 30 days after an affidavit is submitted, the
judicial official may seek a court order compelling compliance, including injunctive relief.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 4.

new text begin [609.476] PUBLISHING PERSONAL INFORMATION OF JUDICIAL
OFFICIAL.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the terms "personal
information" and "judicial official" have the meanings given in section 480.40, subdivision
1.
new text end

new text begin Subd. 2. new text end

new text begin Misdemeanor. new text end

new text begin It is unlawful to knowingly publish the personal information
of any judicial official in any publicly available publication, website, or media with the
intent to threaten, intimidate, harass, or physically injure. A person convicted of violating
this subdivision is guilty of a misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Felony. new text end

new text begin If a person's violation of subdivision 2 also causes bodily harm as
defined in section 609.02, subdivision 7, the person is guilty of a felony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end