HF 1756

as introduced - 88th Legislature (2013 - 2014) Posted on 04/29/2013 01:47pm

A bill for an act
relating to data practices; regulating the handling of certain data on participants in
the Safe at Home address confidentiality program; amending Minnesota Statutes
2012, sections 5B.07, subdivision 1; 13.82, subdivisions 17, 24; proposing
coding for new law in Minnesota Statutes, chapter 13.

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

Section 1.

Minnesota Statutes 2012, section 5B.07, subdivision 1, is amended to read:

Subdivision 1.

Classification of data.

(a) Data new text begin collected, created, or maintained
by the secretary of state new text end related to applicants, eligible persons, and program participants
are private data on individuals as defined by section 13.02, subdivision 12. A consent
for release of the address from an applicant, eligible person, or program participant is
not effective.

(b) A program participant's name and address maintained by a local government
entity in connection with an active investigation or inspection of an alleged health code,
building code, fire code, or city ordinance violation allegedly committed by the program
participant are private data on individuals as defined in section 13.02.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 2.

new text begin [13.045] SAFE AT HOME PROGRAM PARTICIPANT DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "program participant" has the meaning given in section 5B.02, paragraph (g); and
new text end

new text begin (2) "identity and location data" means any data that may be used to identify
or physically locate a program participant, including but not limited to the program
participant's name, residential address, work address, and school address.
new text end

new text begin Subd. 2. new text end

new text begin Notification of certification; duration of applicability. new text end

new text begin (a) A program
participant may submit a notice, in writing, to the responsible authority of any government
entity that the participant is certified in the Safe at Home address confidentiality program
pursuant to chapter 5B. The notice must include the date the program participant's
certification in the program expires. A program participant may submit a subsequent notice
of certification, if the participant's certification is renewed. The contents of the notification
of certification, and the fact that a notice has been submitted, is private data on individuals.
new text end

new text begin (b) Subdivisions 3 to 5 govern data on a program participant maintained or collected
by a government entity from the date a notification of certification is received by the
entity, through the date the certification expires, or upon written notice from the program
participant that the participant has withdrawn from the program, whichever is earlier.
new text end

new text begin Subd. 3. new text end

new text begin Reclassification of data. new text end

new text begin (a) Public identity and location data on a program
participant who submits a notice of certification under subdivision 2, including data
maintained by the government entity, and any future identity and location data received
or collected by the government entity that would otherwise be public, are reclassified as
private data on individuals.
new text end

new text begin (b) Upon expiration of the program participant's certification or notice of withdrawal
as provided in subdivision 2, paragraph (b), data reclassified pursuant to this section are
public, unless the data have been classified by other law since the time the notice of
certification was received.
new text end

new text begin Subd. 4. new text end

new text begin Sharing and dissemination without consent prohibited. new text end

new text begin Notwithstanding
any provision of law to the contrary, private or confidential identity and location data on a
program participant who submits a notice of certification under subdivision 2, including
data reclassified under subdivision 3, may not be shared with any other government entity,
or disseminated to any person, unless the program participant has expressly consented in
writing to sharing or dissemination of the data for the purpose for which the sharing or
dissemination will occur.
new text end

new text begin Subd. 5. new text end

new text begin Acceptance of alternate address required. new text end

new text begin A government entity
must accept the address designated by the secretary of state pursuant to section 5B.03,
subdivision 5, as a program participant's valid address, if the designated address is the
address presented by the program participant and the participant has submitted a notice
of certification under subdivision 2. A government entity may not require the program
participant to submit the participant's residential address, work address, school address, or
other address that may be used to physically locate the participant as either a substitute
or in addition to the address designated by the secretary of state, or as a condition of
receiving a service or benefit offered by the government entity, unless the service or
benefit could not be provided without knowledge of the participant's physical location.
new text end

new text begin Subd. 6. new text end

new text begin Duties of the secretary of state and other government entities limited.
new text end

new text begin Nothing in this section establishes a duty for:
new text end

new text begin (1) the office of the secretary of state to identify other government entities that
may hold data on a program participant; or
new text end

new text begin (2) the responsible authority of any government entity to independently determine
whether it maintains data on a program participant, unless a request is received pursuant to
section 13.04 or a notice of certification is submitted pursuant to this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 3.

Minnesota Statutes 2012, section 13.82, subdivision 17, is amended to read:

Subd. 17.

Protection of identities.

A law enforcement agency or a law enforcement
dispatching agency working under direction of a law enforcement agency shall withhold
public access to data on individuals to protect the identity of individuals in the following
circumstances:

(a) when access to the data would reveal the identity of an undercover law
enforcement officer, as provided in section 13.43, subdivision 5;

(b) when access to the data would reveal the identity of a victim or alleged victim of
criminal sexual conduct or of a violation of section 617.246, subdivision 2;

(c) when access to the data would reveal the identity of a paid or unpaid informant
being used by the agency if the agency reasonably determines that revealing the identity of
the informant would threaten the personal safety of the informant;

(d) when access to the data would reveal the identity of a victim of or witness to a
crime if the victim or witness specifically requests not to be identified publicly, unless the
agency reasonably determines that revealing the identity of the victim or witness would
not threaten the personal safety or property of the individual;

(e) when access to the data would reveal the identity of a deceased person whose
body was unlawfully removed from a cemetery in which it was interred;

(f) when access to the data would reveal the identity of a person who placed a call to a
911 system or the identity or telephone number of a service subscriber whose phone is used
to place a call to the 911 system and: (1) the agency determines that revealing the identity
may threaten the personal safety or property of any person; or (2) the object of the call is
to receive help in a mental health emergency. For the purposes of this paragraph, a voice
recording of a call placed to the 911 system is deemed to reveal the identity of the caller;

(g) when access to the data would reveal the identity of a juvenile witness and
the agency reasonably determines that the subject matter of the investigation justifies
protecting the identity of the witness; deleted text begin or
deleted text end

(h) when access to the data would reveal the identity of a mandated reporter under
section 609.456, 626.556, or 626.557 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (i) when access to the data would reveal the identity or physical location of a certified
participant in the Safe at Home address confidentiality program pursuant to chapter 5B.
new text end

Data concerning individuals whose identities are protected by this subdivision are
private data about those individuals. Law enforcement agencies shall establish procedures
to acquire the data and make the decisions necessary to protect the identity of individuals
described in clauses (c), (d), (f), and (g).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 4.

Minnesota Statutes 2012, section 13.82, subdivision 24, is amended to read:

Subd. 24.

Exchanges of information.

Nothing in this chapter prohibits the
exchange of information by law enforcement agencies provided the exchanged information
is pertinent and necessary to the requesting agency in initiating, furthering, or completing
an investigation, except not public personnel data new text begin and data governed by section 13.045 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end