SF 2806

2nd Engrossment - 81st Legislature (1999 - 2000)

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

  1.1                          A bill for an act
  1.2             relating to government data practices; classifying 
  1.3             data; providing for access to and sharing of data; 
  1.4             authorizing certain restrictions on access to data; 
  1.5             clarifying definitions and application provisions; 
  1.6             modifying penalty provisions; providing for electronic 
  1.7             copies of data; limiting authority of local 
  1.8             governments to disseminate private or confidential 
  1.9             data; classifying and regulating disclosure of 
  1.10            information held by health maintenance organizations; 
  1.11            prohibiting monitoring of citizens requesting access 
  1.12            to public data; requiring government entities to have 
  1.13            a data practices compliance official; providing for 
  1.14            administrative remedies; amending Minnesota Statutes 
  1.15            1998, sections 13.01, by adding subdivisions; 13.02, 
  1.16            by adding a subdivision; 13.03, subdivision 5; 13.05, 
  1.17            subdivision 3, and by adding subdivisions; 13.08, 
  1.18            subdivision 4; 13.41, subdivision 2; 13.84, 
  1.19            subdivisions 5 and 6; 13.87, subdivision 2; 62D.14, by 
  1.20            adding a subdivision; 72A.491, subdivision 17; 
  1.21            119A.03, by adding a subdivision; 270B.14, subdivision 
  1.22            8; and 609.115, subdivision 5; Minnesota Statutes 1999 
  1.23            Supplement, sections 3.979, by adding a subdivision; 
  1.24            13.03, subdivision 3; 13.99, subdivisions 3, 19, and 
  1.25            by adding a subdivision; 256.978, subdivision 1; and 
  1.26            268.19; Laws 1999, chapter 216, article 2, section 27, 
  1.27            subdivision 1, and by adding subdivisions; proposing 
  1.28            coding for new law in Minnesota Statutes, chapters 13; 
  1.29            and 62D; repealing Minnesota Statutes 1998, section 
  1.30            62D.14, subdivision 4. 
  1.31  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.32     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.33  3.979, is amended by adding a subdivision to read: 
  1.34     Subd. 5.  [DATA ON RECOMMENDED TOPICS.] Upon request of the 
  1.35  individual legislator, data submitted to the legislative auditor 
  1.36  by the legislator relating to suggested topics for evaluation 
  1.37  are private data on individuals, as defined in section 13.02. 
  1.38     Sec. 2.  Minnesota Statutes 1998, section 13.01, is amended 
  2.1   by adding a subdivision to read: 
  2.2      Subd. 4.  [HEADNOTES.] The headnotes printed in boldface 
  2.3   type before paragraphs in this chapter are mere catchwords to 
  2.4   indicate the content of a paragraph and are not part of the 
  2.5   statute. 
  2.6      Sec. 3.  Minnesota Statutes 1998, section 13.01, is amended 
  2.7   by adding a subdivision to read: 
  2.8      Subd. 5.  [PROVISIONS CODED IN OTHER CHAPTERS.] The 
  2.9   sections referenced in this chapter that are codified outside 
  2.10  this chapter, classify government data as other than public, 
  2.11  place restrictions on access to government data, or involve data 
  2.12  sharing.  Those sections are governed by the definitions and 
  2.13  general provisions in sections 13.01 to 13.07 and the remedies 
  2.14  and penalties provided in sections 13.08 and 13.09, except: 
  2.15     (1) for records of the judiciary, as provided in section 
  2.16  13.90; or 
  2.17     (2) as specifically provided otherwise by law. 
  2.18     Sec. 4.  Minnesota Statutes 1998, section 13.02, is amended 
  2.19  by adding a subdivision to read: 
  2.20     Subd. 7a.  [GOVERNMENT ENTITY.] "Government entity" means a 
  2.21  state agency, statewide system, or political subdivision. 
  2.22     Sec. 5.  Minnesota Statutes 1999 Supplement, section 13.03, 
  2.23  subdivision 3, is amended to read: 
  2.24     Subd. 3.  [REQUEST FOR ACCESS TO DATA.] (a) Upon request to 
  2.25  a responsible authority or designee, a person shall be permitted 
  2.26  to inspect and copy public government data at reasonable times 
  2.27  and places, and, upon request, shall be informed of the data's 
  2.28  meaning.  If a person requests access for the purpose of 
  2.29  inspection, the responsible authority may not assess a charge or 
  2.30  require the requesting person to pay a fee to inspect data.  
  2.31     (b) For purposes of this section, "inspection" includes, 
  2.32  but is not limited to, the visual inspection of paper and 
  2.33  similar types of government data.  Inspection does not include 
  2.34  printing copies by the government entity, unless printing a copy 
  2.35  is the only method to provide for inspection of the data.  In 
  2.36  the case of data stored in electronic form and made available in 
  3.1   electronic form on a remote access basis to the public by the 
  3.2   government entity, inspection includes remote access to the data 
  3.3   by the public and the ability to print copies of or download the 
  3.4   data on the public's own computer equipment.  Nothing in this 
  3.5   section prohibits a government entity from charging a reasonable 
  3.6   fee for remote access to data under a specific statutory grant 
  3.7   of authority.  A government entity may charge a fee for remote 
  3.8   access to data where either the data or the access is enhanced 
  3.9   at the request of the person seeking access. 
  3.10     (c) The responsible authority or designee shall provide 
  3.11  copies of public data upon request.  If a person requests copies 
  3.12  or electronic transmittal of the data to the person, the 
  3.13  responsible authority may require the requesting person to pay 
  3.14  the actual costs of searching for and retrieving government 
  3.15  data, including the cost of employee time, and for making, 
  3.16  certifying, compiling, and electronically transmitting the 
  3.17  copies of the data or the data, but may not charge for 
  3.18  separating public from not public data.  If the responsible 
  3.19  authority or designee is not able to provide copies at the time 
  3.20  a request is made, copies shall be supplied as soon as 
  3.21  reasonably possible. 
  3.22     (d) When a request under this subdivision involves any 
  3.23  person's receipt of copies of public government data that has 
  3.24  commercial value and is a substantial and discrete portion of or 
  3.25  an entire formula, pattern, compilation, program, device, 
  3.26  method, technique, process, database, or system developed with a 
  3.27  significant expenditure of public funds by the agency, the 
  3.28  responsible authority may charge a reasonable fee for the 
  3.29  information in addition to the costs of making, certifying, and 
  3.30  compiling the copies.  Any fee charged must be clearly 
  3.31  demonstrated by the agency to relate to the actual development 
  3.32  costs of the information.  The responsible authority, upon the 
  3.33  request of any person, shall provide sufficient documentation to 
  3.34  explain and justify the fee being charged.  
  3.35     (e) The responsible authority of a state agency, statewide 
  3.36  system, or political subdivision that maintains public 
  4.1   government data in a computer storage medium shall provide to 
  4.2   any person making a request under this section a copy of any 
  4.3   public data contained in that medium, in electronic form, if the 
  4.4   government entity can reasonably make the copy or have a copy 
  4.5   made.  This does not require a government entity to provide the 
  4.6   data in an electronic format or program that is different from 
  4.7   the format or program in which the data are maintained by the 
  4.8   government entity.  The entity may require the requesting person 
  4.9   to pay the actual cost of providing the copy.  
  4.10     (e) (f) If the responsible authority or designee determines 
  4.11  that the requested data is classified so as to deny the 
  4.12  requesting person access, the responsible authority or designee 
  4.13  shall inform the requesting person of the determination either 
  4.14  orally at the time of the request, or in writing as soon after 
  4.15  that time as possible, and shall cite the specific statutory 
  4.16  section, temporary classification, or specific provision of 
  4.17  federal law on which the determination is based.  Upon the 
  4.18  request of any person denied access to data, the responsible 
  4.19  authority or designee shall certify in writing that the request 
  4.20  has been denied and cite the specific statutory section, 
  4.21  temporary classification, or specific provision of federal law 
  4.22  upon which the denial was based. 
  4.23     Sec. 6.  Minnesota Statutes 1998, section 13.03, 
  4.24  subdivision 5, is amended to read: 
  4.25     Subd. 5.  [COPYRIGHT OR PATENT OF COMPUTER PROGRAM OF 
  4.26  GOVERNMENT DATA.] Nothing in this chapter or any other statute 
  4.27  shall be construed to prevent A state agency, statewide system, 
  4.28  or political subdivision from acquiring may enforce a copyright 
  4.29  or acquire a patent for a computer software program or 
  4.30  components of a program created by that government 
  4.31  agency without statutory authority.  In the event that a 
  4.32  government agency does acquire acquires a patent or copyright to 
  4.33  a computer software program or component of a program, the data 
  4.34  shall be treated as trade secret information pursuant to section 
  4.35  13.37. 
  4.36     Sec. 7.  Minnesota Statutes 1998, section 13.05, 
  5.1   subdivision 3, is amended to read: 
  5.2      Subd. 3.  [GENERAL STANDARDS FOR COLLECTION AND STORAGE.] 
  5.3   Collection and, storage, and use of all data on individuals and 
  5.4   the use and dissemination of private and confidential data on 
  5.5   individuals shall be is limited to that necessary for the 
  5.6   administration and management of programs specifically 
  5.7   authorized by the legislature or local governing body or 
  5.8   mandated by the federal government.  Dissemination of private or 
  5.9   confidential data on individuals is limited to that necessary 
  5.10  for the administration and management of programs specifically 
  5.11  authorized by the legislature or mandated by the federal 
  5.12  government. 
  5.13     Sec. 8.  Minnesota Statutes 1998, section 13.05, is amended 
  5.14  by adding a subdivision to read: 
  5.15     Subd. 12.  [MONITORING OF CITIZENS.] Unless specifically 
  5.16  authorized by statute, state agencies, statewide systems, and 
  5.17  political subdivisions may not require citizens to identify 
  5.18  themselves, state a reason for, or justify a request to gain 
  5.19  access to public government data.  A citizen may be asked to 
  5.20  provide certain identifying or clarifying information for the 
  5.21  sole purpose of facilitating access to the data. 
  5.22     Sec. 9.  Minnesota Statutes 1998, section 13.05, is amended 
  5.23  by adding a subdivision to read: 
  5.24     Subd. 13.  [DATA PRACTICES COMPLIANCE OFFICIAL.] By 
  5.25  December 1, 2000, each responsible authority or other 
  5.26  appropriate authority in every government entity shall appoint 
  5.27  or designate an employee of the government entity to act as the 
  5.28  entity's data practices compliance official.  The data practices 
  5.29  compliance official is the designated employee of the government 
  5.30  entity to whom citizens may direct questions or concerns 
  5.31  regarding problems in obtaining access to data or other data 
  5.32  practices problems.  The data practices compliance official is 
  5.33  responsible for monitoring and facilitating compliance with this 
  5.34  chapter by the government entity.  The responsible authority may 
  5.35  be the data practices compliance official.  By January 15, 2001, 
  5.36  the responsible authority or other appropriate authority in 
  6.1   every government entity shall report, in a form prescribed by 
  6.2   the commissioner, the name of the individual designated as the 
  6.3   data practices compliance official.  Whenever the government 
  6.4   entity makes a change in the individual assigned to the position 
  6.5   of data practices compliance official, it shall report that 
  6.6   change to the commissioner.  Each biennial budget session, the 
  6.7   commissioner shall report to the legislature with information on 
  6.8   which government entities have failed to file reports under this 
  6.9   subdivision. 
  6.10     Sec. 10.  Minnesota Statutes 1998, section 13.08, 
  6.11  subdivision 4, is amended to read: 
  6.12     Subd. 4.  [ACTION TO COMPEL COMPLIANCE.] (a) In addition to 
  6.13  the remedies provided in subdivisions 1 to 3 or any other law, 
  6.14  any aggrieved person seeking to enforce rights under this 
  6.15  chapter or obtain access to data may bring an action in district 
  6.16  court to compel compliance with this chapter and may recover 
  6.17  costs and disbursements, including reasonable attorney's fees, 
  6.18  as determined by the court.  If the court determines that an 
  6.19  action brought under this subdivision is frivolous and without 
  6.20  merit and a basis in fact, it may award reasonable costs and 
  6.21  attorney fees to the responsible authority.  If the court issues 
  6.22  an order to compel compliance under this subdivision, the court 
  6.23  may impose a civil penalty of up to $1,000 against the 
  6.24  government entity.  This penalty is payable to the state general 
  6.25  fund and is in addition to damages under subdivision 1.  The 
  6.26  matter shall be heard as soon as possible.  In an action 
  6.27  involving a request for government data under section 13.03 or 
  6.28  13.04, the court may inspect in camera the government data in 
  6.29  dispute, but shall conduct its hearing in public and in a manner 
  6.30  that protects the security of data classified as not public.  If 
  6.31  the court issues an order to compel compliance under this 
  6.32  subdivision, the court shall forward a copy of the order to the 
  6.33  commissioner of administration. 
  6.34     (b) In determining whether to assess a civil penalty under 
  6.35  this subdivision, the court shall consider whether the 
  6.36  government entity has substantially complied with general data 
  7.1   practices under this chapter, including but not limited to, 
  7.2   whether the government has:  
  7.3      (1) designated a responsible authority under section 13.02, 
  7.4   subdivision 16; 
  7.5      (2) designated a data practices compliance official under 
  7.6   section 13.05, subdivision 13; 
  7.7      (3) prepared the public document that names the responsible 
  7.8   authority and describes the records and data on individuals that 
  7.9   are maintained by the government entity under section 13.05, 
  7.10  subdivision 1; 
  7.11     (4) developed public access procedures under section 13.03, 
  7.12  subdivision 2; procedures to guarantee the rights of data 
  7.13  subjects under section 13.05, subdivision 8; and procedures to 
  7.14  ensure that data on individuals are accurate and complete and to 
  7.15  safeguard the data's security under section 13.05, subdivision 
  7.16  5; 
  7.17     (5) sought an advisory opinion from the commissioner of 
  7.18  administration under section 13.072 related to the matter at 
  7.19  issue and acted in conformity with that opinion or an opinion 
  7.20  sought by another person; or 
  7.21     (6) provided ongoing training to government entity 
  7.22  personnel who respond to requests under this chapter. 
  7.23     Sec. 11.  [13.081] [ADMINISTRATIVE REMEDIES.] 
  7.24     Subdivision 1.  [COMPLAINTS.] Any person who believes that 
  7.25  a government entity is not in compliance with this chapter may 
  7.26  file a complaint with the commissioner.  The commissioner shall 
  7.27  specify the form of the complaint.  The commissioner shall 
  7.28  conduct an investigation to determine whether the complaint is 
  7.29  valid or whether another alternative dispute resolution process 
  7.30  exists to address the issue presented.  If the commissioner 
  7.31  determines the complaint is not valid or another alternative 
  7.32  dispute resolution process is a more appropriate forum for 
  7.33  resolving the dispute, the commissioner shall dismiss the 
  7.34  complaint and so inform the person who filed the complaint and 
  7.35  the government entity that was the subject of the complaint.  If 
  7.36  the commissioner determines the complaint is valid, the 
  8.1   commissioner may take any of the actions under subdivision 2 or 
  8.2   3 to resolve the complaint. 
  8.3      Subd. 2.  [INFORMAL RESOLUTION OF COMPLAINT.] The 
  8.4   commissioner may attempt to resolve a complaint informally or, 
  8.5   with the consent of both parties, refer the matter to an 
  8.6   alternative dispute resolution process and use the services of 
  8.7   the office of dispute resolution or the office of administrative 
  8.8   hearings to arbitrate or mediate the dispute.  
  8.9      Subd. 3.  [FORMAL RESOLUTION OF COMPLAINT.] (a) The 
  8.10  commissioner may refer a complaint to the office of 
  8.11  administrative hearings for formal resolution.  A complaint 
  8.12  referred by the commissioner must be heard as a contested case, 
  8.13  except that the report of the administrative law judge is 
  8.14  binding on all parties to the proceeding and, if appropriate, 
  8.15  must be implemented by an order as provided for below.  The 
  8.16  hearing must be conducted at a place designated by the 
  8.17  commissioner within the county where the alleged violation 
  8.18  occurred or where the complainant resides or has a principal 
  8.19  place of business.  The hearing must be conducted under sections 
  8.20  14.57 to 14.62, and is subject to appeal under sections 14.63 to 
  8.21  14.68. 
  8.22     (b) The administrative law judge shall make findings of 
  8.23  fact and conclusions of law and, if the administrative law judge 
  8.24  finds that the government entity has violated this chapter, the 
  8.25  administrative law judge shall issue an order directing the 
  8.26  government entity to take affirmative action as in the judgment 
  8.27  of the administrative law judge will effectuate the purposes of 
  8.28  this chapter.  The order is a final decision of the 
  8.29  commissioner.  If the administrative law judge determines that 
  8.30  the government entity's failure to comply with this chapter has 
  8.31  caused damage to the complainant, the administrative law judge 
  8.32  may also order the government entity to pay any actual damages. 
  8.33     Subd. 4.  [CIVIL DAMAGE ACTION PRECLUDED.] A person who 
  8.34  files a complaint under this section may not bring an action for 
  8.35  damages under section 13.08. 
  8.36     Sec. 12.  Minnesota Statutes 1998, section 13.41, 
  9.1   subdivision 2, is amended to read: 
  9.2      Subd. 2.  [PRIVATE DATA; DESIGNATED ADDRESSES AND TELEPHONE 
  9.3   NUMBERS.] (a) The following data collected, created or 
  9.4   maintained by any licensing agency are classified as private, 
  9.5   pursuant to section 13.02, subdivision 12:  data, other than 
  9.6   their names and designated addresses, submitted by applicants 
  9.7   for licenses; the identity of complainants who have made reports 
  9.8   concerning licensees or applicants which appear in inactive 
  9.9   complaint data unless the complainant consents to the 
  9.10  disclosure; the nature or content of unsubstantiated complaints 
  9.11  when the information is not maintained in anticipation of legal 
  9.12  action; the identity of patients whose medical records are 
  9.13  received by any health licensing agency for purposes of review 
  9.14  or in anticipation of a contested matter; inactive investigative 
  9.15  data relating to violations of statutes or rules; and the record 
  9.16  of any disciplinary proceeding except as limited by subdivision 
  9.17  4. 
  9.18     (b) An applicant for a license shall designate on the 
  9.19  application a residence or business address and telephone number 
  9.20  at which the applicant can be contacted in connection with the 
  9.21  license application.  A licensee who is subject to a 
  9.22  health-related licensing board, as defined in section 214.01, 
  9.23  subdivision 2, shall designate a residence or business address 
  9.24  and telephone number at which the licensee can be contacted in 
  9.25  connection with the license.  By designating an address under 
  9.26  this paragraph, the applicant or licensee is deemed to have 
  9.27  consented to service of process at that address for legal or 
  9.28  administrative proceedings arising from licensed activities. 
  9.29     Sec. 13.  [13.512] [PROPERTY TAX DATA; OPTION TO WITHHOLD 
  9.30  ACCESS FOR NONGOVERNMENT PURPOSES.] 
  9.31     Subdivision 1.  [APPLICATION.] This section applies in a 
  9.32  county where the county board has approved its application in 
  9.33  the county.  
  9.34     Subd. 2.  [PROCEDURE.] A county shall send an owner of 
  9.35  property in the county that is subject to property taxation a 
  9.36  clear and conspicuous notice that the owner's name and other 
 10.1   information may be disclosed for nongovernment purposes, 
 10.2   including surveys, marketing, and solicitation.  The notice must 
 10.3   be in a form that includes a provision under which the owner may 
 10.4   request that the owner's name be excluded from lists generated 
 10.5   by the county and disclosed to a nongovernment entity.  If the 
 10.6   property owner so requests on the form provided, the county 
 10.7   shall exclude the owner's name from any list generated by the 
 10.8   county and disclosed to a nongovernment entity. 
 10.9      Sec. 14.  [13.623] [ST. PAUL HOUSING AND REDEVELOPMENT 
 10.10  AUTHORITY DATA.] 
 10.11     Subdivision 1.  [PRIVATE AND NONPUBLIC DATA.] The following 
 10.12  data that are submitted to the St. Paul housing and 
 10.13  redevelopment authority by individuals and business entities 
 10.14  that are requesting financial assistance are private data on 
 10.15  individuals or nonpublic data:  financial statements; credit 
 10.16  reports; business plans; income and expense projections; 
 10.17  customer lists; balance sheets; income tax returns; and design, 
 10.18  market, and feasibility studies not paid for with public funds.  
 10.19     Subd. 2.  [PUBLIC DATA.] Data submitted to the authority 
 10.20  under subdivision 1 becomes public data if the authority 
 10.21  provides financial assistance to the individual or business 
 10.22  entity, except that the following data remain private or 
 10.23  nonpublic:  business plans; income and expense projections; 
 10.24  customer lists; income tax returns; and design, market, and 
 10.25  feasibility studies not paid for with public funds. 
 10.26     Sec. 15.  [13.624] [ST. PAUL ECONOMIC ASSISTANCE DATA.] 
 10.27     Subdivision 1.  [PRIVATE AND NONPUBLIC DATA.] The following 
 10.28  data that are submitted to the city of St. Paul by individuals 
 10.29  and business entities that are requesting financial assistance 
 10.30  are private data on individuals or nonpublic data:  financial 
 10.31  statements; credit reports; business plans; income and expense 
 10.32  projections; customer lists; balance sheets; income tax returns; 
 10.33  and design, market, and feasibility studies not paid for with 
 10.34  public funds. 
 10.35     Subd. 2.  [PUBLIC DATA.] Data submitted to the city under 
 10.36  subdivision 1 become public data if the city provides financial 
 11.1   assistance to the individual or business entity, except that the 
 11.2   following data remain private or nonpublic:  business plans; 
 11.3   income and expense projections; customer lists; income tax 
 11.4   returns; and design, market, and feasibility studies not paid 
 11.5   for with public funds. 
 11.6      Sec. 16.  Minnesota Statutes 1998, section 13.84, 
 11.7   subdivision 5, is amended to read:  
 11.8      Subd. 5.  [DISCLOSURE.] Private or confidential court 
 11.9   services data shall not be disclosed except:  
 11.10     (a) Pursuant to section 13.05; 
 11.11     (b) Pursuant to a statute specifically authorizing 
 11.12  disclosure of court services data; 
 11.13     (c) With the written permission of the source of 
 11.14  confidential data; 
 11.15     (d) To the court services department, parole or probation 
 11.16  authority or state or local correctional agency or facility 
 11.17  having statutorily granted supervision over the individual 
 11.18  subject of the data; 
 11.19     (e) Pursuant to subdivision 5a; or 
 11.20     (f) Pursuant to a valid court order. 
 11.21     Sec. 17.  Minnesota Statutes 1998, section 13.84, 
 11.22  subdivision 6, is amended to read: 
 11.23     Subd. 6.  [PUBLIC DATA.] The following court services data 
 11.24  on adult individuals is public:  
 11.25     (a) name, age, date of birth, sex, occupation and the fact 
 11.26  that an individual is a parolee, probationer or participant in a 
 11.27  diversion program, and if so, at what location; 
 11.28     (b) the offense for which the individual was placed under 
 11.29  supervision; 
 11.30     (c) the dates supervision began and ended and the duration 
 11.31  of supervision; 
 11.32     (d) court services data which was public in a court or 
 11.33  other agency which originated the data; 
 11.34     (e) arrest and detention orders, orders for parole or 
 11.35  probation revocation and the reasons for revocation; 
 11.36     (f) the conditions of parole, probation or participation 
 12.1   and the extent to which those conditions have been or are being 
 12.2   met; 
 12.3      (g) identities of agencies, units within agencies and 
 12.4   individuals providing supervision; and 
 12.5      (h) the legal basis for any change in supervision and the 
 12.6   date, time and locations associated with the change. 
 12.7      Sec. 18.  Minnesota Statutes 1998, section 13.87, 
 12.8   subdivision 2, is amended to read: 
 12.9      Subd. 2.  [CLASSIFICATION.] Criminal history data 
 12.10  maintained by agencies, political subdivisions and statewide 
 12.11  systems are classified as private, pursuant to section 13.02, 
 12.12  subdivision 12, except that data created, collected, or 
 12.13  maintained by the bureau of criminal apprehension that identify 
 12.14  an individual who was convicted of a crime and the offense of 
 12.15  which the individual was convicted are public data for 15 years 
 12.16  following the discharge of the sentence imposed for the offense. 
 12.17     The bureau of criminal apprehension shall provide to the 
 12.18  public at the central office of the bureau the ability to 
 12.19  inspect in person, at no charge, through a computer monitor the 
 12.20  criminal conviction data classified as public under this 
 12.21  subdivision.  The bureau of criminal apprehension shall also 
 12.22  make the public criminal conviction data available on the 
 12.23  Internet. 
 12.24     Sec. 19.  Minnesota Statutes 1999 Supplement, section 
 12.25  13.99, subdivision 3, is amended to read: 
 12.26     Subd. 3.  [LEGISLATIVE AUDIT DATA.] Data relating to an 
 12.27  audit performed under sections 3.97, 3.971, and 3.979 are 
 12.28  classified under section 3.979, subdivision 3.  Data relating to 
 12.29  suggested evaluation topics submitted by legislators are 
 12.30  classified under section 3.979, subdivision 5. 
 12.31     Sec. 20.  Minnesota Statutes 1999 Supplement, section 
 12.32  13.99, subdivision 19, is amended to read: 
 12.33     Subd. 19.  [HMO EXAMINATIONS.] Data obtained by the 
 12.34  commissioner of health in the course of an examination of the 
 12.35  affairs of a health maintenance organization are classified 
 12.36  under section 62D.14, subdivisions 1 and 4 4a. 
 13.1      Sec. 21.  Minnesota Statutes 1999 Supplement, section 
 13.2   13.99, is amended by adding a subdivision to read: 
 13.3      Subd. 27g.  [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING 
 13.4   PROGRAM SERVICES.] Data on individuals receiving services under 
 13.5   certain programs administered by the department of children, 
 13.6   families, and learning are classified under section 119A.03, 
 13.7   subdivision 3. 
 13.8      Sec. 22.  Minnesota Statutes 1998, section 62D.14, is 
 13.9   amended by adding a subdivision to read: 
 13.10     Subd. 4a.  [CLASSIFICATION OF DATA.] Any data or 
 13.11  information obtained by the commissioner under this section or 
 13.12  section 62D.145 shall be classified as private data on 
 13.13  individuals as defined in chapter 13.  Such data shall be 
 13.14  protected and may be released consistent with the provisions of 
 13.15  section 60A.03, subdivision 9. 
 13.16     Sec. 23.  [62D.145] [DISCLOSURE OF INFORMATION HELD BY 
 13.17  HEALTH MAINTENANCE ORGANIZATIONS.] 
 13.18     Subdivision 1.  [PERSONAL AND PRIVILEGED INFORMATION.] The 
 13.19  ability of a health maintenance organization to disclose 
 13.20  personal information, as defined in section 72A.491, subdivision 
 13.21  17, and privileged information, as defined in section 72A.491, 
 13.22  subdivision 19, is governed by sections 72A.497, 72A.499, and 
 13.23  72A.502. 
 13.24     Subd. 2.  [HEALTH DATA OR INFORMATION.] (a) A health 
 13.25  maintenance organization is prohibited from disclosing to any 
 13.26  person any individually identifiable data or information held by 
 13.27  the health maintenance organization pertaining to the diagnosis, 
 13.28  treatment, or health of any enrollee, or any application 
 13.29  obtained from any person, except: 
 13.30     (1) to the extent necessary to carry out the purposes of 
 13.31  this chapter, the commissioner and a designee shall have access 
 13.32  to the above data or information but the data removed from the 
 13.33  health maintenance organization or participating entity shall 
 13.34  not identify any particular patient or client by name or contain 
 13.35  any other unique personal identifier; 
 13.36     (2) upon the express consent of the enrollee or applicant; 
 14.1      (3) pursuant to statute or court order for the production 
 14.2   of evidence or the discovery thereof; 
 14.3      (4) in the event of claim or litigation between the person 
 14.4   and the provider or health maintenance organization wherein such 
 14.5   data or information is pertinent; 
 14.6      (5) to meet the requirements of contracts for prepaid 
 14.7   medical services with the commissioner of human services 
 14.8   authorized under chapter 256B, 256D, or 256L; 
 14.9      (6) to meet the requirements of contracts for benefit plans 
 14.10  with the commissioner of employee relations under chapter 43A; 
 14.11  or 
 14.12     (7) as otherwise authorized pursuant to statute. 
 14.13     No provision in a contract for a benefit plan under chapter 
 14.14  43A shall authorize dissemination of individually identifiable 
 14.15  health records, unless the dissemination of the health records 
 14.16  is required to carry out the requirements of the contract and 
 14.17  employees whose health records will be disseminated are fully 
 14.18  informed of the dissemination by the department of employee 
 14.19  relations at the time the employees are enrolling for or 
 14.20  changing insurance coverage. 
 14.21     (b) In any case involving a suspected violation of a law 
 14.22  applicable to health maintenance organizations in which access 
 14.23  to health data maintained by the health maintenance organization 
 14.24  or participating entity is necessary, the commissioner and 
 14.25  agents, while maintaining the privacy rights of individuals and 
 14.26  families, shall be permitted to obtain data that identifies any 
 14.27  particular patient or client by name.  A health maintenance 
 14.28  organization shall be entitled to claim any statutory privileges 
 14.29  against such disclosure which the provider who furnished the 
 14.30  information to the health maintenance organization is entitled 
 14.31  to claim. 
 14.32     Sec. 24.  Minnesota Statutes 1998, section 72A.491, 
 14.33  subdivision 17, is amended to read: 
 14.34     Subd. 17.  [PERSONAL INFORMATION.] "Personal information" 
 14.35  means any individually identifiable information gathered in 
 14.36  connection with an insurance transaction from which judgments 
 15.1   can be made about an individual's character, habits, avocations, 
 15.2   finances, occupation, general reputation, credit, health, or any 
 15.3   other personal characteristics.  The term includes the 
 15.4   individual's name and address and health record information, but 
 15.5   does not include privileged information.  Personal information 
 15.6   does not include health record information maintained by a 
 15.7   health maintenance organization as defined under section 62D.02, 
 15.8   subdivision 4, in its capacity as a health provider. 
 15.9      Sec. 25.  Minnesota Statutes 1998, section 119A.03, is 
 15.10  amended by adding a subdivision to read: 
 15.11     Subd. 3.  [DATA.] Data on individuals receiving services 
 15.12  under the following programs administered by the commissioner 
 15.13  are private data on individuals:  
 15.14     (1) community action programs under section 119A.376; 
 15.15     (2) the foodshelf program under section 119A.44; and 
 15.16     (3) the Head Start program under section 119A.50. 
 15.17     Sec. 26.  Minnesota Statutes 1999 Supplement, section 
 15.18  256.978, subdivision 1, is amended to read: 
 15.19     Subdivision 1.  [REQUEST FOR INFORMATION.] (a) The public 
 15.20  authority responsible for child support in this state or any 
 15.21  other state, in order to locate a person or to obtain 
 15.22  information necessary to establish paternity and child support 
 15.23  or to modify or enforce child support or distribute collections, 
 15.24  may request information reasonably necessary to the inquiry from 
 15.25  the records of (1) all departments, boards, bureaus, or other 
 15.26  agencies of this state agencies or political subdivisions of 
 15.27  this state, as defined in section 13.02, which shall, 
 15.28  notwithstanding the provisions of section 268.19 or any other 
 15.29  law to the contrary, provide the information necessary for this 
 15.30  purpose; and (2) employers, utility companies, insurance 
 15.31  companies, financial institutions, credit grantors, and labor 
 15.32  associations doing business in this state.  They shall provide a 
 15.33  response upon written or electronic request within 30 days of 
 15.34  service of the request made by the public authority.  
 15.35  Information requested and used or transmitted by the 
 15.36  commissioner according to the authority conferred by this 
 16.1   section may be made available to other agencies, statewide 
 16.2   systems, and political subdivisions of this state, and agencies 
 16.3   of other states, interstate information networks, federal 
 16.4   agencies, and other entities as required by federal regulation 
 16.5   or law for the administration of the child support enforcement 
 16.6   program.  
 16.7      (b) For purposes of this section, "state" includes the 
 16.8   District of Columbia, Puerto Rico, the United States Virgin 
 16.9   Islands, and any territory or insular possession subject to the 
 16.10  jurisdiction of the United States. 
 16.11     Sec. 27.  Minnesota Statutes 1999 Supplement, section 
 16.12  268.19, is amended to read: 
 16.13     268.19 [INFORMATION DATA PRIVACY.] 
 16.14     (a) Except as otherwise provided by this section, data 
 16.15  gathered from any employer or individual pursuant to the 
 16.16  administration of sections 268.03 to 268.23 are private data on 
 16.17  individuals or nonpublic data not on individuals as defined in 
 16.18  section 13.02, subdivisions 9 and 12, and may not be disclosed 
 16.19  except pursuant to a court order or section 13.05.  These data 
 16.20  may be disseminated to and used by the following agencies 
 16.21  without the consent of the subject of the data:  
 16.22     (1) state and federal agencies specifically authorized 
 16.23  access to the data by state or federal law; 
 16.24     (2) any agency of Minnesota or any other state; or any 
 16.25  federal agency charged with the administration of an employment 
 16.26  security law or the maintenance of a system of public employment 
 16.27  offices; 
 16.28     (3) human rights agencies within Minnesota that have 
 16.29  enforcement powers; 
 16.30     (4) the department of revenue must have access to 
 16.31  department private data on individuals and nonpublic data not on 
 16.32  individuals only to the extent necessary for enforcement of 
 16.33  Minnesota tax laws; 
 16.34     (5) public and private agencies responsible for 
 16.35  administering publicly financed assistance programs for the 
 16.36  purpose of monitoring the eligibility of the program's 
 17.1   recipients; 
 17.2      (6) the department of labor and industry on an 
 17.3   interchangeable basis with the department subject to the 
 17.4   following limitations and regardless of any law to the contrary: 
 17.5      (i) the department must have access to private data on 
 17.6   individuals and nonpublic data not on individuals for uses 
 17.7   consistent with the administration of its duties under sections 
 17.8   268.03 to 268.23; and 
 17.9      (ii) the department of labor and industry must have access 
 17.10  to private data on individuals and nonpublic data not on 
 17.11  individuals for uses consistent with the administration of its 
 17.12  duties under Minnesota law; 
 17.13     (7) the department of trade and economic development may 
 17.14  have access to private data on individual employers and 
 17.15  nonpublic data not on individual employers for its internal use 
 17.16  only; when received by the department of trade and economic 
 17.17  development, the data remain private data on individuals or 
 17.18  nonpublic data; 
 17.19     (8) local and state welfare agencies for monitoring the 
 17.20  eligibility of the data subject for assistance programs, or for 
 17.21  any employment or training program administered by those 
 17.22  agencies, whether alone, in combination with another welfare 
 17.23  agency, or in conjunction with the department or to monitor and 
 17.24  evaluate the statewide Minnesota family investment program by 
 17.25  providing data on recipients and former recipients of food 
 17.26  stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 
 17.27  child care assistance under chapter 119B, or medical programs 
 17.28  under chapter 256B, 256D, or 256L; 
 17.29     (9) local, state, and federal law enforcement agencies for 
 17.30  the sole purpose of ascertaining the last known address and 
 17.31  employment location of the data subject, provided the data 
 17.32  subject is the subject of a criminal investigation; and 
 17.33     (10) the federal Immigration and Naturalization Service may 
 17.34  have access to data on specific individuals and specific 
 17.35  employers provided the specific individual or specific employer 
 17.36  is the subject of an investigation by that agency; and 
 18.1      (11) the department of health may have access to private 
 18.2   data on individuals and nonpublic data not on individuals solely 
 18.3   for the purposes of epidemiologic investigations.  
 18.4      (b) Data on individuals and employers that are collected, 
 18.5   maintained, or used by the department in an investigation 
 18.6   pursuant to section 268.182 are confidential as to data on 
 18.7   individuals and protected nonpublic data not on individuals as 
 18.8   defined in section 13.02, subdivisions 3 and 13, and must not be 
 18.9   disclosed except pursuant to statute or court order or to a 
 18.10  party named in a criminal proceeding, administrative or 
 18.11  judicial, for preparation of a defense.  
 18.12     (c) Tape recordings and transcripts of recordings of 
 18.13  proceedings conducted in accordance with section 268.105 and 
 18.14  exhibits received into evidence at those proceedings are private 
 18.15  data on individuals and nonpublic data not on individuals and 
 18.16  must be disclosed only pursuant to the administration of section 
 18.17  268.105, or pursuant to a court order.  
 18.18     (d) The department may disseminate an employer's name, 
 18.19  address, industry code, occupations employed, and the number of 
 18.20  employees by ranges of not less than 100 for the purpose of 
 18.21  assisting individuals using the Minnesota workforce center 
 18.22  system in obtaining employment. 
 18.23     (e) The general aptitude test battery and the nonverbal 
 18.24  aptitude test battery as administered by the department are 
 18.25  private data on individuals or nonpublic data.  
 18.26     (f) Data gathered by the department pursuant to the 
 18.27  administration of sections 268.03 to 268.23 must not be made the 
 18.28  subject or the basis for any suit in any civil proceedings, 
 18.29  administrative or judicial, unless the action is initiated by 
 18.30  the department. 
 18.31     Sec. 28.  Minnesota Statutes 1998, section 270B.14, 
 18.32  subdivision 8, is amended to read: 
 18.33     Subd. 8.  [EXCHANGE BETWEEN DEPARTMENTS OF LABOR AND 
 18.34  INDUSTRY AND REVENUE.] The departments of labor and industry and 
 18.35  revenue may exchange information as follows:  
 18.36     (1) data used in determining whether a business is an 
 19.1   employer or a contracting agent; 
 19.2      (2) taxpayer identity information relating to employers and 
 19.3   employees for purposes of supporting tax administration and 
 19.4   chapter 176; and 
 19.5      (3) data to the extent provided in and for the purpose set 
 19.6   out in section 176.181, subdivision 8. 
 19.7      Sec. 29.  Minnesota Statutes 1998, section 609.115, 
 19.8   subdivision 5, is amended to read: 
 19.9      Subd. 5.  [REPORT TO COMMISSIONER OR LOCAL CORRECTIONAL 
 19.10  AGENCY.] If the defendant is sentenced to the commissioner of 
 19.11  corrections, a copy of any report made pursuant to this section 
 19.12  and not made by the commissioner shall accompany the 
 19.13  commitment.  If the defendant is sentenced to a local 
 19.14  correctional agency or facility, a copy of the report must be 
 19.15  provided to that agency or facility. 
 19.16     Sec. 30.  Laws 1999, chapter 216, article 2, section 27, 
 19.17  subdivision 1, is amended to read: 
 19.18     Subdivision 1.  [PILOT PROJECT AUTHORIZED; PURPOSE.] The 
 19.19  fourth judicial district may establish a domestic fatality 
 19.20  review team as a 30-month pilot project to review domestic 
 19.21  violence deaths that have occurred in the district.  The team 
 19.22  may review cases in which prosecution has been completed or the 
 19.23  prosecutorial authority has decided not to pursue the case.  The 
 19.24  purpose of the review team is to assess domestic violence deaths 
 19.25  in order to develop recommendations for policies and protocols 
 19.26  for community prevention and intervention initiatives to reduce 
 19.27  and eliminate the incidence of domestic violence and resulting 
 19.28  fatalities. 
 19.29     Sec. 31.  Laws 1999, chapter 216, article 2, section 27, is 
 19.30  amended by adding a subdivision to read: 
 19.31     Subd. 3a.  [DUTIES; ACCESS TO DATA.] (a) The domestic 
 19.32  fatality review team shall collect, review, and analyze death 
 19.33  certificates and death data, including investigative reports; 
 19.34  medical and counseling records; victim service records; 
 19.35  employment records; child abuse reports; or other information 
 19.36  concerning domestic violence deaths; survivor interviews and 
 20.1   surveys; and other information deemed by the team as necessary 
 20.2   and appropriate concerning the causes and manner of domestic 
 20.3   violence deaths. 
 20.4      (b) The review team has access to the following not public 
 20.5   data, as defined in Minnesota Statutes, section 13.02, 
 20.6   subdivision 8a, relating to a case being reviewed by the team:  
 20.7   inactive law enforcement investigative data under Minnesota 
 20.8   Statutes, section 13.82; autopsy records and coroner or medical 
 20.9   examiner investigative data under Minnesota Statutes, section 
 20.10  13.83; hospital, public health, or other medical records of the 
 20.11  victim under Minnesota Statutes, section 13.42; records under 
 20.12  Minnesota Statutes, section 13.46, created by social service 
 20.13  agencies that provided services to the victim, the alleged 
 20.14  perpetrator, or another victim who experienced or was threatened 
 20.15  with domestic abuse by the perpetrator; and child maltreatment 
 20.16  records under Minnesota Statutes, section 626.556, relating to 
 20.17  the victim or a family or household member of the victim.  
 20.18  Access to medical records under this paragraph also includes 
 20.19  records governed by Minnesota Statutes, section 144.335. 
 20.20     (c) As part of any review, the domestic fatality review 
 20.21  team may compel the production of other records by applying to 
 20.22  the district court for a subpoena, which will be effective 
 20.23  throughout the state according to the rules of civil procedure.  
 20.24     Sec. 32.  Laws 1999, chapter 216, article 2, section 27, is 
 20.25  amended by adding a subdivision to read: 
 20.26     Subd. 3b.  [CONFIDENTIALITY; DATA PRIVACY.] A person 
 20.27  attending a domestic fatality review team meeting may not 
 20.28  disclose what transpired at the meeting, except to carry out the 
 20.29  purposes of the review team or as otherwise provided in this 
 20.30  subdivision.  The review team may disclose the names of the 
 20.31  victims in the cases it reviewed.  The proceedings and records 
 20.32  of the review team are confidential or protected nonpublic data 
 20.33  as defined in Minnesota Statutes, section 13.02, subdivision 13, 
 20.34  regardless of their classification in the hands of the person 
 20.35  who provided the data, and are not subject to discovery or 
 20.36  introduction into evidence in a civil or criminal action against 
 21.1   a professional, the state or a county agency, arising out of the 
 21.2   matters the team is reviewing.  Information, documents, and 
 21.3   records otherwise available from other sources are not immune 
 21.4   from discovery or use in a civil or criminal action solely 
 21.5   because they were presented during proceedings of the review 
 21.6   team.  This section does not limit a person who presented 
 21.7   information before the review team or who is a member of the 
 21.8   panel from testifying about matters within the person's 
 21.9   knowledge.  However, in a civil or criminal proceeding, a person 
 21.10  may not be questioned about the person's good faith presentation 
 21.11  of information to the review team or opinions formed by the 
 21.12  person as a result of the review team meetings. 
 21.13     Sec. 33.  Laws 1999, chapter 216, article 2, section 27, is 
 21.14  amended by adding a subdivision to read: 
 21.15     Subd. 3c.  [IMMUNITY.] Members of the fourth judicial 
 21.16  district domestic fatality advisory board, members of the 
 21.17  domestic fatality review team, and members of each review panel, 
 21.18  as well as their agents or employees, are immune from claims and 
 21.19  are not subject to any suits, liability, damages, or any other 
 21.20  recourse, civil or criminal, arising from any act, proceeding, 
 21.21  decision, or determination undertaken or performed or 
 21.22  recommendation made by the domestic fatality review team, 
 21.23  provided they acted in good faith and without malice in carrying 
 21.24  out their responsibilities.  Good faith is presumed until proven 
 21.25  otherwise and the complainant has the burden of proving malice 
 21.26  or a lack of good faith.  No organization, institution, or 
 21.27  person furnishing information, data, testimony, reports, or 
 21.28  records to the domestic fatality review team as part of an 
 21.29  investigation is civilly or criminally liable or subject to any 
 21.30  other recourse for providing the information. 
 21.31     Sec. 34.  [REPEALER.] 
 21.32     Minnesota Statutes 1998, section 62D.14, subdivision 4, is 
 21.33  repealed. 
 21.34     Sec. 35.  [EFFECTIVE DATE.] 
 21.35     Sections 11 and 18 are effective July 1, 2001.