1.1 	A bill for an act
1.2 	relating to government data practices; requiring destruction of disposed private or 
1.3 	confidential data; amending Minnesota Statutes 2004, sections 13.05, subdivision 
1.4 	5; 138.17, subdivision 7.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 13.05, subdivision 5, is amended to read:
1.7 		Subd. 5.Data protection.  The responsible authority shall (1) establish procedures 
1.8 	to assure that all data on individuals is accurate, complete, and current for the purposes for 
1.9 	which it was collected; and (2) establish appropriate security safeguards for all records 
1.10 	containing data on individuals. When confidential or private data is being disposed of, 
1.11 	appropriate security safeguards mean that the data is destroyed in a way that prevents its 
1.12 	contents from being determined.

1.13 	Sec. 2. Minnesota Statutes 2004, section 138.17, subdivision 7, is amended to read:
1.14 		Subd. 7.Records management program.  A records management program for the 
1.15 	application of efficient and economical management methods to the creation, utilization, 
1.16 	maintenance, retention, preservation, and disposal of official records shall be administered 
1.17 	by the commissioner of administration with assistance from the director of the historical 
1.18 	society.  The State Records Center which stores and services state records not in state 
1.19 	archives shall be administered by the commissioner of administration.  The commissioner 
1.20 	of administration is empowered to (1) establish standards, procedures, and techniques for 
1.21 	effective management of government records, (2) make continuing surveys of paper work 
1.22 	operations, and (3) recommend improvements in current records management practices 
1.23 	including the use of space, equipment, and supplies employed in creating, maintaining, 
2.1 	preserving and disposing of government records.  It shall be the duty of the head of each 
2.2 	state agency and the governing body of each county, municipality, and other subdivision 
2.3 	of government to cooperate with the commissioner in conducting surveys and to establish 
2.4 	and maintain an active, continuing program for the economical and efficient management 
2.5 	of the records of each agency, county, municipality, or other subdivision of government.  
2.6 	When requested by the commissioner, public officials shall assist in the preparation of 
2.7 	an inclusive inventory of records in their custody, to which shall be attached a schedule, 
2.8 	approved by the head of the governmental unit or agency having custody of the records 
2.9 	and the commissioner, establishing a time period for the retention or disposal of each 
2.10 	series of records.  When the schedule is unanimously approved by the records disposition 
2.11 	panel, the head of the governmental unit or agency having custody of the records may 
2.12 	dispose of the type of records listed in the schedule at a time and in a manner prescribed 
2.13 	in the schedule for particular records which were created after the approval.  A list of 
2.14 	records disposed of pursuant to this subdivision shall be maintained by the governmental 
2.15 	unit or agency. When records containing confidential data as defined in section 13.02, 
2.16 	subdivision 3, or private data as defined in section 13.02, subdivision 12, are being 
2.17 	disposed of pursuant to this subdivision, the records must be destroyed in a way that 
2.18 	prevents their contents from being determined.