HF 2371

Introduction - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  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, and phone telephone 
  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.