SF 3175

Introduction - 82nd Legislature (2001 - 2002)

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

  1.1                          A bill for an act 
  1.2             relating to data privacy; providing for the disclosure 
  1.3             of data on individuals approved for free and 
  1.4             reduced-price school meals; amending Minnesota 
  1.5             Statutes 2000, section 13.41, subdivision 5; Minnesota 
  1.6             Statutes 2001 Supplement, sections 13.32, subdivision 
  1.7             3; 13.46, subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.10  13.32, subdivision 3, is amended to read: 
  1.11     Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
  1.12  Except as provided in subdivision 5, educational data is private 
  1.13  data on individuals and shall not be disclosed except as follows:
  1.14     (a) Pursuant to section 13.05; 
  1.15     (b) Pursuant to a valid court order; 
  1.16     (c) Pursuant to a statute specifically authorizing access 
  1.17  to the private data; 
  1.18     (d) To disclose information in health and safety 
  1.19  emergencies pursuant to the provisions of United States Code, 
  1.20  title 20, section 1232g(b)(1)(I) and Code of Federal 
  1.21  Regulations, title 34, section 99.36; 
  1.22     (e) Pursuant to the provisions of United States Code, title 
  1.23  20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
  1.24  (b)(3) and Code of Federal Regulations, title 34, sections 
  1.25  99.31, 99.32, 99.33, 99.34, and 99.35; 
  1.26     (f) To appropriate health authorities to the extent 
  2.1   necessary to administer immunization programs and for bona fide 
  2.2   epidemiologic investigations which the commissioner of health 
  2.3   determines are necessary to prevent disease or disability to 
  2.4   individuals in the public educational agency or institution in 
  2.5   which the investigation is being conducted; 
  2.6      (g) When disclosure is required for institutions that 
  2.7   participate in a program under title IV of the Higher Education 
  2.8   Act, United States Code, title 20, chapter 1092; 
  2.9      (h) To the appropriate school district officials to the 
  2.10  extent necessary under subdivision 6, annually to indicate the 
  2.11  extent and content of remedial instruction, including the 
  2.12  results of assessment testing and academic performance at a 
  2.13  post-secondary institution during the previous academic year by 
  2.14  a student who graduated from a Minnesota school district within 
  2.15  two years before receiving the remedial instruction; 
  2.16     (i) To appropriate authorities as provided in United States 
  2.17  Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
  2.18  the juvenile justice system and the ability of the system to 
  2.19  effectively serve, prior to adjudication, the student whose 
  2.20  records are released; provided that the authorities to whom the 
  2.21  data are released submit a written request for the data that 
  2.22  certifies that the data will not be disclosed to any other 
  2.23  person except as authorized by law without the written consent 
  2.24  of the parent of the student and the request and a record of the 
  2.25  release are maintained in the student's file; 
  2.26     (j) To volunteers who are determined to have a legitimate 
  2.27  educational interest in the data and who are conducting 
  2.28  activities and events sponsored by or endorsed by the 
  2.29  educational agency or institution for students or former 
  2.30  students; 
  2.31     (k) To provide student recruiting information, from 
  2.32  educational data held by colleges and universities, as required 
  2.33  by and subject to Code of Federal Regulations, title 32, section 
  2.34  216; 
  2.35     (l) To the juvenile justice system if information about the 
  2.36  behavior of a student who poses a risk of harm is reasonably 
  3.1   necessary to protect the health or safety of the student or 
  3.2   other individuals; 
  3.3      (m) With respect to social security numbers of students in 
  3.4   the adult basic education system, to Minnesota state colleges 
  3.5   and universities and the department of economic security for the 
  3.6   purpose and in the manner described in section 124D.52, 
  3.7   subdivision 7; or 
  3.8      (n) To the commissioner of children, families, and learning 
  3.9   for purposes of an assessment or investigation of a report of 
  3.10  alleged maltreatment of a student as mandated by section 
  3.11  626.556.  Upon request by the commissioner of children, 
  3.12  families, and learning, data that are relevant to a report of 
  3.13  maltreatment and are from charter school and school district 
  3.14  investigations of alleged maltreatment of a student must be 
  3.15  disclosed to the commissioner, including, but not limited to, 
  3.16  the following: 
  3.17     (1) information regarding the student alleged to have been 
  3.18  maltreated; 
  3.19     (2) information regarding student and employee witnesses; 
  3.20     (3) information regarding the alleged perpetrator; and 
  3.21     (4) what corrective or protective action was taken, if any, 
  3.22  by the school facility in response to a report of maltreatment 
  3.23  by an employee or agent of the school or school district.; or 
  3.24     (o) For the purpose of verifying information about 
  3.25  eligibility for free and reduced-price school meals or other 
  3.26  meal benefits, as required by United States Code, title 42, 
  3.27  sections 1758 and 1766, and Code of Federal Regulations, title 
  3.28  7, sections 210, 220, 226, and 245, and federal waivers granted 
  3.29  by the United States Department of Agriculture.  The 
  3.30  commissioners of human services, health, economic security, 
  3.31  housing finance, and revenue may disclose data on individuals to 
  3.32  the commissioner of children, families, and learning in order to 
  3.33  report confirmed eligibility status for meal benefits.  The 
  3.34  commissioner of children, families, and learning may exchange 
  3.35  data with the commissioners of human services, health, economic 
  3.36  security, housing finance, and revenue in order to certify 
  4.1   individuals for meal benefits.  Data released by the 
  4.2   commissioners of human services, health, economic security, 
  4.3   housing finance, and revenue shall be limited to the 
  4.4   confirmation of the eligibility of individuals for meal benefits 
  4.5   based on household income information reported to their 
  4.6   departments, or based on the participation of households in 
  4.7   programs that require household income to be within guidelines 
  4.8   that do not exceed the income guidelines for meal benefits as 
  4.9   specified in United States Code, title 42, sections 1758 and 
  4.10  1766, and Code of Federal Regulations, title 7, sections 226 and 
  4.11  245, and announced annually by the United States Department of 
  4.12  Agriculture.  Data released to the commissioner of children, 
  4.13  families, and learning shall not report the income of households.
  4.14     Sec. 2.  Minnesota Statutes 2000, section 13.41, 
  4.15  subdivision 5, is amended to read: 
  4.16     Subd. 5.  [PUBLIC DATA.] Licensing agency minutes, 
  4.17  application data on licensees except nondesignated addresses, 
  4.18  orders for hearing, findings of fact, conclusions of law and 
  4.19  specification of the final disciplinary action contained in the 
  4.20  record of the disciplinary action are classified as public, 
  4.21  pursuant to section 13.02, subdivision 15.  The entire record 
  4.22  concerning the disciplinary proceeding is public data pursuant 
  4.23  to section 13.02, subdivision 15, in those instances where there 
  4.24  is a public hearing concerning the disciplinary action.  If the 
  4.25  licensee and the licensing agency agree to resolve a complaint 
  4.26  without a hearing, the agreement and the specific reasons for 
  4.27  the agreement are public data.  The license numbers, the license 
  4.28  status, and continuing education records issued or maintained by 
  4.29  the board of peace officer standards and training are classified 
  4.30  as public data, pursuant to section 13.02, subdivision 15. 
  4.31     Sec. 3.  Minnesota Statutes 2001 Supplement, section 13.46, 
  4.32  subdivision 2, is amended to read: 
  4.33     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  4.34  a statute specifically provides a different classification, data 
  4.35  on individuals collected, maintained, used, or disseminated by 
  4.36  the welfare system is private data on individuals, and shall not 
  5.1   be disclosed except:  
  5.2      (1) according to section 13.05; 
  5.3      (2) according to court order; 
  5.4      (3) according to a statute specifically authorizing access 
  5.5   to the private data; 
  5.6      (4) to an agent of the welfare system, including a law 
  5.7   enforcement person, attorney, or investigator acting for it in 
  5.8   the investigation or prosecution of a criminal or civil 
  5.9   proceeding relating to the administration of a program; 
  5.10     (5) to personnel of the welfare system who require the data 
  5.11  to determine eligibility, amount of assistance, and the need to 
  5.12  provide services of additional programs to the individual; 
  5.13     (6) to administer federal funds or programs; 
  5.14     (7) between personnel of the welfare system working in the 
  5.15  same program; 
  5.16     (8) the amounts of cash public assistance and relief paid 
  5.17  to welfare recipients in this state, including their names, 
  5.18  social security numbers, income, addresses, and other data as 
  5.19  required, upon request by the department of revenue to 
  5.20  administer the property tax refund law, supplemental housing 
  5.21  allowance, early refund of refundable tax credits, and the 
  5.22  income tax.  "Refundable tax credits" means the dependent care 
  5.23  credit under section 290.067, the Minnesota working family 
  5.24  credit under section 290.0671, the property tax refund under 
  5.25  section 290A.04, and, if the required federal waiver or waivers 
  5.26  are granted, the federal earned income tax credit under section 
  5.27  32 of the Internal Revenue Code; 
  5.28     (9) between the department of human services, the 
  5.29  department of children, families, and learning, and the 
  5.30  department of economic security for the purpose of monitoring 
  5.31  the eligibility of the data subject for unemployment benefits, 
  5.32  for any employment or training program administered, supervised, 
  5.33  or certified by that agency, for the purpose of administering 
  5.34  any rehabilitation program or child care assistance program, 
  5.35  whether alone or in conjunction with the welfare system, or to 
  5.36  monitor and evaluate the Minnesota family investment program by 
  6.1   exchanging data on recipients and former recipients of food 
  6.2   stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 
  6.3   child care assistance under chapter 119B, or medical programs 
  6.4   under chapter 256B, 256D, or 256L; 
  6.5      (10) to appropriate parties in connection with an emergency 
  6.6   if knowledge of the information is necessary to protect the 
  6.7   health or safety of the individual or other individuals or 
  6.8   persons; 
  6.9      (11) data maintained by residential programs as defined in 
  6.10  section 245A.02 may be disclosed to the protection and advocacy 
  6.11  system established in this state according to Part C of Public 
  6.12  Law Number 98-527 to protect the legal and human rights of 
  6.13  persons with mental retardation or other related conditions who 
  6.14  live in residential facilities for these persons if the 
  6.15  protection and advocacy system receives a complaint by or on 
  6.16  behalf of that person and the person does not have a legal 
  6.17  guardian or the state or a designee of the state is the legal 
  6.18  guardian of the person; 
  6.19     (12) to the county medical examiner or the county coroner 
  6.20  for identifying or locating relatives or friends of a deceased 
  6.21  person; 
  6.22     (13) data on a child support obligor who makes payments to 
  6.23  the public agency may be disclosed to the higher education 
  6.24  services office to the extent necessary to determine eligibility 
  6.25  under section 136A.121, subdivision 2, clause (5); 
  6.26     (14) participant social security numbers and names 
  6.27  collected by the telephone assistance program may be disclosed 
  6.28  to the department of revenue to conduct an electronic data match 
  6.29  with the property tax refund database to determine eligibility 
  6.30  under section 237.70, subdivision 4a; 
  6.31     (15) the current address of a Minnesota family investment 
  6.32  program participant may be disclosed to law enforcement officers 
  6.33  who provide the name of the participant and notify the agency 
  6.34  that: 
  6.35     (i) the participant: 
  6.36     (A) is a fugitive felon fleeing to avoid prosecution, or 
  7.1   custody or confinement after conviction, for a crime or attempt 
  7.2   to commit a crime that is a felony under the laws of the 
  7.3   jurisdiction from which the individual is fleeing; or 
  7.4      (B) is violating a condition of probation or parole imposed 
  7.5   under state or federal law; 
  7.6      (ii) the location or apprehension of the felon is within 
  7.7   the law enforcement officer's official duties; and 
  7.8      (iii)  the request is made in writing and in the proper 
  7.9   exercise of those duties; 
  7.10     (16) the current address of a recipient of general 
  7.11  assistance or general assistance medical care may be disclosed 
  7.12  to probation officers and corrections agents who are supervising 
  7.13  the recipient and to law enforcement officers who are 
  7.14  investigating the recipient in connection with a felony level 
  7.15  offense; 
  7.16     (17) information obtained from food stamp applicant or 
  7.17  recipient households may be disclosed to local, state, or 
  7.18  federal law enforcement officials, upon their written request, 
  7.19  for the purpose of investigating an alleged violation of the 
  7.20  Food Stamp Act, according to Code of Federal Regulations, title 
  7.21  7, section 272.1(c); 
  7.22     (18) the address, social security number, and, if 
  7.23  available, photograph of any member of a household receiving 
  7.24  food stamps shall be made available, on request, to a local, 
  7.25  state, or federal law enforcement officer if the officer 
  7.26  furnishes the agency with the name of the member and notifies 
  7.27  the agency that:  
  7.28     (i) the member: 
  7.29     (A) is fleeing to avoid prosecution, or custody or 
  7.30  confinement after conviction, for a crime or attempt to commit a 
  7.31  crime that is a felony in the jurisdiction the member is 
  7.32  fleeing; 
  7.33     (B) is violating a condition of probation or parole imposed 
  7.34  under state or federal law; or 
  7.35     (C) has information that is necessary for the officer to 
  7.36  conduct an official duty related to conduct described in subitem 
  8.1   (A) or (B); 
  8.2      (ii) locating or apprehending the member is within the 
  8.3   officer's official duties; and 
  8.4      (iii) the request is made in writing and in the proper 
  8.5   exercise of the officer's official duty; 
  8.6      (19) the current address of a recipient of Minnesota family 
  8.7   investment program, general assistance, general assistance 
  8.8   medical care, or food stamps may be disclosed to law enforcement 
  8.9   officers who, in writing, provide the name of the recipient and 
  8.10  notify the agency that the recipient is a person required to 
  8.11  register under section 243.166, but is not residing at the 
  8.12  address at which the recipient is registered under section 
  8.13  243.166; 
  8.14     (20) certain information regarding child support obligors 
  8.15  who are in arrears may be made public according to section 
  8.16  518.575; 
  8.17     (21) data on child support payments made by a child support 
  8.18  obligor and data on the distribution of those payments excluding 
  8.19  identifying information on obligees may be disclosed to all 
  8.20  obligees to whom the obligor owes support, and data on the 
  8.21  enforcement actions undertaken by the public authority, the 
  8.22  status of those actions, and data on the income of the obligor 
  8.23  or obligee may be disclosed to the other party; 
  8.24     (22) data in the work reporting system may be disclosed 
  8.25  under section 256.998, subdivision 7; 
  8.26     (23) to the department of children, families, and learning 
  8.27  for the purpose of matching department of children, families, 
  8.28  and learning student data with public assistance data to 
  8.29  determine students eligible for free and reduced price meals, 
  8.30  meal supplements, and free milk according to United States Code, 
  8.31  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  8.32  allocate federal and state funds that are distributed based on 
  8.33  income of the student's family; and to verify receipt of energy 
  8.34  assistance for the telephone assistance plan; 
  8.35     (24) the current address and telephone number of program 
  8.36  recipients and emergency contacts may be released to the 
  9.1   commissioner of health or a local board of health as defined in 
  9.2   section 145A.02, subdivision 2, when the commissioner or local 
  9.3   board of health has reason to believe that a program recipient 
  9.4   is a disease case, carrier, suspect case, or at risk of illness, 
  9.5   and the data are necessary to locate the person; 
  9.6      (25) to other state agencies, statewide systems, and 
  9.7   political subdivisions of this state, including the attorney 
  9.8   general, and agencies of other states, interstate information 
  9.9   networks, federal agencies, and other entities as required by 
  9.10  federal regulation or law for the administration of the child 
  9.11  support enforcement program; 
  9.12     (26) to personnel of public assistance programs as defined 
  9.13  in section 256.741, for access to the child support system 
  9.14  database for the purpose of administration, including monitoring 
  9.15  and evaluation of those public assistance programs; 
  9.16     (27) to monitor and evaluate the Minnesota family 
  9.17  investment program by exchanging data between the departments of 
  9.18  human services and children, families, and learning, on 
  9.19  recipients and former recipients of food stamps, cash assistance 
  9.20  under chapter 256, 256D, 256J, or 256K, child care assistance 
  9.21  under chapter 119B, or medical programs under chapter 256B, 
  9.22  256D, or 256L; 
  9.23     (28) to evaluate child support program performance and to 
  9.24  identify and prevent fraud in the child support program by 
  9.25  exchanging data between the department of human services, 
  9.26  department of revenue under section 270B.14, subdivision 1, 
  9.27  paragraphs (a) and (b), without regard to the limitation of use 
  9.28  in paragraph (c), department of health, department of economic 
  9.29  security, and other state agencies as is reasonably necessary to 
  9.30  perform these functions; or 
  9.31     (29) counties operating child care assistance programs 
  9.32  under chapter 119B may disseminate data on program participants, 
  9.33  applicants, and providers to the commissioner of children, 
  9.34  families, and learning.  
  9.35     (b) Information on persons who have been treated for drug 
  9.36  or alcohol abuse may only be disclosed according to the 
 10.1   requirements of Code of Federal Regulations, title 42, sections 
 10.2   2.1 to 2.67. 
 10.3      (c) Data provided to law enforcement agencies under 
 10.4   paragraph (a), clause (15), (16), (17), or (18), or paragraph 
 10.5   (b), are investigative data and are confidential or protected 
 10.6   nonpublic while the investigation is active.  The data are 
 10.7   private after the investigation becomes inactive under section 
 10.8   13.82, subdivision 5, paragraph (a) or (b). 
 10.9      (d) Mental health data shall be treated as provided in 
 10.10  subdivisions 7, 8, and 9, but is not subject to the access 
 10.11  provisions of subdivision 10, paragraph (b). 
 10.12     For the purposes of this subdivision, a request will be 
 10.13  deemed to be made in writing if made through a computer 
 10.14  interface system.