1.1 	A bill for an act
1.2 	relating to data practices; modifying government data practices; classifying 
1.3 	certain data; providing for notice of certain multiple law enforcement operations; 
1.4 	regulating fraud related to consumer telephone records; requiring a report to 
1.5 	the legislature; providing criminal penalties;amending Minnesota Statutes 
1.6 	2004, sections 13.072, subdivision 1; 13.3805, by adding a subdivision; 13.87, 
1.7 	by adding a subdivision; 136A.162; 626.557, subdivision 9a; Minnesota 
1.8 	Statutes 2005 Supplement, sections 13.08, subdivision 1; 270C.03, subdivision 
1.9 	1; 299C.40, subdivisions 1, 6; 299C.405; proposing coding for new law in 
1.10 	Minnesota Statutes, chapters 10A; 299A; 325F.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. [10A.027] INFORMATION ON WEB SITE.
1.13 	The board must not post on its Web site any canceled checks, bank account numbers, 
1.14 	credit card account numbers, or Social Security numbers that may be in the board's 
1.15 	possession as a result of report or statement filings, complaints, or other proceedings 
1.16 	under this chapter. 

1.17 	Sec. 2.  Minnesota Statutes 2004, section 13.072, subdivision 1, is amended to read:
1.18 		Subdivision 1.Opinion; when required. (a) Upon request of a government entity, 
1.19 	the commissioner may give a written opinion on any question relating to public access 
1.20 	to government data, rights of subjects of data, or classification of data under this chapter 
1.21 	or other Minnesota statutes governing government data practices. Upon request of any 
1.22 	person who disagrees with a determination regarding data practices made by a government 
1.23 	entity, the commissioner may give a written opinion regarding the person's rights as a 
1.24 	subject of government data or right to have access to government data.
1.25 	(b) Upon request of a body subject to chapter 13D, the commissioner may give a 
1.26 	written opinion on any question relating to the body's duties under chapter 13D. Upon 
2.1 	request of a person who disagrees with the manner in which members of a governing body 
2.2 	perform their duties under chapter 13D, the commissioner may give a written opinion 
2.3 	on compliance with chapter 13D. A governing body or person requesting an opinion 
2.4 	under this paragraph must pay the commissioner a fee of $200. Money received by the 
2.5 	commissioner under this paragraph is appropriated to the commissioner for the purposes 
2.6 	of this section.
2.7 	(c) If the commissioner determines that no opinion will be issued, the commissioner 
2.8 	shall give the government entity or body subject to chapter 13D or person requesting 
2.9 	the opinion notice of the decision not to issue the opinion within five businessdays of 
2.10 	receipt of the request. If this notice is not given, the commissioner shall issue an opinion 
2.11 	within 20 days of receipt of the request.
2.12 	(d) For good cause and upon written notice to the person requesting the opinion, 
2.13 	the commissioner may extend this deadline for one additional 30-day period. The notice 
2.14 	must state the reason for extending the deadline. The government entity or the members 
2.15 	of a body subject to chapter 13D must be provided a reasonable opportunity to explain the 
2.16 	reasons for its decision regarding the data or how they perform their duties under chapter 
2.17 	13D. The commissioner or the government entity or body subject to chapter 13D may 
2.18 	choose to give notice to the subject of the data concerning the dispute regarding the data 
2.19 	or compliance with chapter 13D.
2.20 	(e) This section does not apply to a determination made by the commissioner of 
2.21 	health under section  13.3805, subdivision 1, paragraph (b), or  144.6581. 
2.22 	(f) A written opinion issued by the attorney general shall take precedence over an 
2.23 	opinion issued by the commissioner under this section.

2.24 	Sec. 3. Minnesota Statutes 2005 Supplement, section 13.08, subdivision 1, is amended 
2.25 	to read:
2.26 		Subdivision 1.Action for damages. Notwithstanding section 466.03, a responsible 
2.27 	authority or government entity which violates any provision of this chapter is liable to a 
2.28 	person or representative of a decedent who suffers any damage as a result of the violation, 
2.29 	and the person damaged or a representative in the case of private data on decedents or 
2.30 	confidential data on decedents may bring an action against the responsible authority or 
2.31 	government entity to cover any damages sustained, plus costs and reasonable attorney 
2.32 	fees. In the case of a willful violation, the government entity shall, in addition, be liable to 
2.33 	exemplary damages of not less than $100 $5,000, nor more than $10,000 $100,000 for 
2.34 	each violation. The state is deemed to have waived any immunity to a cause of action 
2.35 	brought under this chapter.

3.1 	Sec. 4. Minnesota Statutes 2004, section 13.3805, is amended by adding a subdivision 
3.2 	to read:
3.3 		Subd. 4.Drinking water testing data. All data maintained by the Department 
3.4 	of Health or community public water systems that identify the address of the testing 
3.5 	site and the name, address, and telephone number of residential homeowners of each 
3.6 	specific site that is tested for lead and copper as required by the federal Safe Drinking 
3.7 	Water Act, the United States Environmental Protection Agency's lead and copper rule, 
3.8 	and the department's drinking water protection program are classified as private data on 
3.9 	individuals and nonpublic data.

3.10 	Sec. 5. Minnesota Statutes 2004, section 13.87, is amended by adding a subdivision to 
3.11 	read:
3.12 		Subd. 4.Name and index service; data classification. (a) For purposes of this 
3.13 	section, "name and event index service" means the data held by the Bureau of Criminal 
3.14 	Apprehension that link data about an individual that are stored in one or more databases 
3.15 	maintained in criminal justice agencies, as defined in section 299C.46, subdivision 2, 
3.16 	and in the judiciary.
3.17 	(b) Data collected, created, or maintained by the name and event index service 
3.18 	are classified as private data, pursuant to section 13.02, subdivision 12, and become 
3.19 	confidential data, pursuant to section 13.02, subdivision 3, when the data links private 
3.20 	or public data about a specific individual to any confidential data about that individual. 
3.21 	The data in the name and event index service revert to the private data classification when 
3.22 	no confidential data about a specific individual are maintained in the databases. The 
3.23 	classification of data in the name and event index service does not change the classification 
3.24 	of the data held in the databases linked by the service.

3.25 	Sec. 6. Minnesota Statutes 2004, section 136A.162, is amended to read:
3.26 	136A.162 CLASSIFICATION OF DATA.
3.27 	All data on applicants for financial assistance collected and used by the Higher 
3.28 	Education Services Office for student financial aid programs administered by that office 
3.29 	shall be classified as private data on individuals under section  13.02, subdivision 12. 
3.30 	Exceptions to this classification are that: 
3.31 	(a) the names and addresses of program recipients or participants are public data;
3.32 	(b) data on applicants may be disclosed to the commissioner of human services 
3.33 	to the extent necessary to determine eligibility under section  136A.121, subdivision 2, 
3.34 	clause (5); and 
4.1 	(c) (b) the following data collected in the Minnesota supplemental loan program 
4.2 	under section  136A.1701 may be disclosed to a consumer credit reporting agency only 
4.3 	if the borrower and the cosigner give informed consent, according to section  13.05, 
4.4 	subdivision 4, at the time of application for a loan: 
4.5 	(1) the lender-assigned borrower identification number;
4.6 	(2) the name and address of borrower;
4.7 	(3) the name and address of cosigner;
4.8 	(4) the date the account is opened;
4.9 	(5) the outstanding account balance;
4.10 	(6) the dollar amount past due;
4.11 	(7) the number of payments past due;
4.12 	(8) the number of late payments in previous 12 months;
4.13 	(9) the type of account;
4.14 	(10) the responsibility for the account; and
4.15 	(11) the status or remarks code.

4.16 	Sec. 7. Minnesota Statutes 2005 Supplement, section 270C.03, subdivision 1, is 
4.17 	amended to read:
4.18 		Subdivision 1.Powers and duties. The commissioner shall have and exercise 
4.19 	the following powers and duties:
4.20 	(1) administer and enforce the assessment and collection of taxes;
4.21 	(2) make determinations, corrections, and assessments with respect to taxes, 
4.22 	including interest, additions to taxes, and assessable penalties;
4.23 	(3) use statistical or other sampling techniques consistent with generally accepted 
4.24 	auditing standards in examining returns or records and making assessments;
4.25 	(4) investigate the tax laws of other states and countries, and formulate and submit 
4.26 	to the legislature such legislation as the commissioner may deem expedient to prevent 
4.27 	evasions of state revenue laws and to secure just and equal taxation and improvement in 
4.28 	the system of state revenue laws;
4.29 	(5) consult and confer with the governor upon the subject of taxation, the 
4.30 	administration of the laws in regard thereto, and the progress of the work of the 
4.31 	department, and furnish the governor, from time to time, such assistance and information 
4.32 	as the governor may require relating to tax matters;
4.33 	(6) execute and administer any agreement with the secretary of the treasury or the 
4.34 	Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice of the 
5.1 	United States or a representative of another state regarding the exchange of information 
5.2 	and administration of the state revenue laws;
5.3 	(7) require town, city, county, and other public officers to report information as to the 
5.4 	collection of taxes received from licenses and other sources, and such other information 
5.5 	as may be needful in the work of the commissioner, in such form as the commissioner 
5.6 	may prescribe;
5.7 	(8) authorize the use of unmarked motor vehicles to conduct seizures or criminal 
5.8 	investigations pursuant to the commissioner's authority; and
5.9 	(9) exercise other powers and authority and perform other duties required of or 
5.10 	imposed upon the commissioner by law.

5.11 	EFFECTIVE DATE. This section is effective the day following final enactment. 

5.12 	Sec. 8. [299A.59] NOTICE OF MULTIPLE LAW ENFORCEMENT 
5.13 	OPERATIONS CONFLICTS.
5.14 	(a) Notwithstanding section 299C.405, the Department of Public Safety may employ 
5.15 	a secure subscription service designed to promote and enhance officer safety during 
5.16 	tactical operations by and between federal, state, and local law enforcement agencies 
5.17 	by notifying law enforcement agencies of conflicts where multiple law enforcement 
5.18 	operations may be occurring on the same subject or vehicle or on or near the same 
5.19 	location. The notification may include warrant executions, surveillance activities, SWAT 
5.20 	activities, undercover operations, and other investigative operations.
5.21 	(b) Data created, collected, received, maintained, or disseminated by this system is 
5.22 	classified as criminal investigative data as defined in section 13.82, subdivision 7.

5.23 	Sec. 9. Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is 
5.24 	amended to read:
5.25 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
5.26 	section.
5.27 	(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located 
5.28 	in the Department of Public Safety and managed by the Bureau of Criminal Apprehension, 
5.29 	Criminal Justice Information Systems Section. A reference in this section to "CIBRS" 
5.30 	includes the Bureau of Criminal Apprehension.
5.31 	(c) "Law enforcement agency" means a Minnesota municipal police department, 
5.32 	the Metropolitan Transit Police, the Metropolitan Airports Police, the University of 
5.33 	Minnesota Police Department, the Department of Corrections' Fugitive Apprehension 
6.1 	Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or 
6.2 	the Minnesota State Patrol.

6.3 	Sec. 10. Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 6, is 
6.4 	amended to read:
6.5 		Subd. 6.Access to CIBRS data by data subject. (a) Upon request to the Bureau 
6.6 	of Criminal Apprehension or to a law enforcement agency participating in CIBRS an 
6.7 	individual shall be informed whether the individual is the subject of private or confidential 
6.8 	data held by CIBRS. An individual who is the subject of private data held by CIBRS may 
6.9 	obtain access to the data by making a request to the Bureau of Criminal Apprehension 
6.10 	or to a participating law enforcement agency. Private data provided to the subject under 
6.11 	this subdivision must also include the name of the law enforcement agency that submitted 
6.12 	the data to CIBRS and the name, telephone number, and address of the responsible 
6.13 	authority for the data.
6.14 	(b) If an individual who is the subject of private data held by CIBRS requests access 
6.15 	to the data or release of the data to a third party, the individual must appear in person at 
6.16 	the Bureau of Criminal Apprehension or a participating law enforcement agency to give 
6.17 	informed consent to the data access or release. 

6.18 	Sec. 11. Minnesota Statutes 2005 Supplement, section 299C.405, is amended to read:
6.19 	299C.405 SUBSCRIPTION SERVICE.
6.20 	(a) For the purposes of this section "subscription service" means a process by which 
6.21 	law enforcement agency personnel may obtain ongoing, automatic electronic notice of any 
6.22 	contacts an individual has with any criminal justice agency.
6.23 	(b) The Department of Public Safety must not establish a subscription service 
6.24 	without prior legislative authorization; except that, the Bureau of Criminal Apprehension 
6.25 	may employ a secure subscription service designed to promote and enhance officer safety 
6.26 	during tactical operations by and between federal, state, and local law enforcement 
6.27 	agencies by notifying law enforcement agencies of conflicts where multiple law 
6.28 	enforcement operations may be occurring on the same subject or vehicle or on or near the 
6.29 	same location. The notification may include warrant executions, surveillance activities, 
6.30 	SWAT activities, undercover operations, and other investigative operations.

6.31 	Sec. 12. [325F.675] FRAUD RELATED TO CONSUMER TELEPHONE 
6.32 	RECORDS.
6.33 		Subdivision 1.Prohibited acts.  Whoever: 
7.1 	(1) knowingly procures, attempts to procure, solicits, or conspires with another to 
7.2 	procure, a telephone record of any resident of this state without the authorization of the 
7.3 	customer to whom the record pertains or by fraudulent, deceptive, or false means; 
7.4 	(2) knowingly sells, or attempts to sell, a telephone record of any resident of this 
7.5 	state without the authorization of the customer to whom the record pertains; or 
7.6 	(3) receives a telephone record of any resident of this state knowing that such record 
7.7 	has been obtained without the authorization of the customer to whom the record pertains 
7.8 	or by fraudulent, deceptive, or false means, 
7.9 	is guilty of a violation of this section. 
7.10 		Subd. 2. Penalties.  (a) A violation of this section is a gross misdemeanor punishable 
7.11 	by a sentence of up to one year, a fine of $3,000, or both. 
7.12 	(b) Each subsequent violation is a felony punishable by a sentence of up to five 
7.13 	years, a fine of $5,000, or both. 
7.14 	(c) A violation of this section is subject to a $5,000 civil penalty. 
7.15 		Subd. 3. Definitions.  For purposes of this subdivision: 
7.16 	(1) "Telephone record" means information retained by a telephone company that 
7.17 	relates to a telephone number dialed from the customer's telephone, an incoming call 
7.18 	directed to a customer's telephone, or other data related to calls typically contained on 
7.19 	a customer's telephone bill, including, but not limited to, the time the call started and 
7.20 	ended, the duration of the call, the time of day the call was made, charges applied, and 
7.21 	information indicating the location from which or to which calls were made. For purposes 
7.22 	of this section, any information collected and retrieved by customers using caller ID or 
7.23 	other similar technology is not a telephone record. 
7.24 	(2) "Procure" means to obtain by any means, whether electronically, in writing, or in 
7.25 	oral form, with or without consideration. 
7.26 	(3) "Telephone company" means any person or other entity that provides commercial 
7.27 	telephone service to a customer, irrespective of the communications technology used to 
7.28 	provide the service, including, but not limited to, traditional wireline or cable telephone 
7.29 	service; cellular, broadband PCS, or other wireless telephone service; microwave, satellite, 
7.30 	or other terrestrial telephone service; and voice over Internet telephone service. 
7.31 		Subd. 4. Unfair or deceptive trade practices; consumer protection.  Except as 
7.32 	otherwise provided by this section, a violation of this section constitutes an unfair or 
7.33 	deceptive trade practice under section 325D.44. 
7.34 		Subd. 5. Information security.  (a) Telephone companies that maintain telephone 
7.35 	records of a resident of this state shall establish reasonable procedures to protect against 
8.1 	unauthorized or fraudulent disclosure of such records which could result in substantial 
8.2 	harm or inconvenience to a customer. 
8.3 	(b) No private right of action is authorized under this subdivision. 
8.4 		Subd. 6. Nonapplicability to telephone companies.  No provisions of this section 
8.5 	shall be construed to prohibit a telephone company from obtaining, using, disclosing, or 
8.6 	permitting access to any telephone record, either directly or indirectly, through its agents: 
8.7 	(1) unless prohibited by law; 
8.8 	(2) with the lawful consent of the customer or subscriber; 
8.9 	(3) as may be necessarily incident to the rendition of the service or to the protection 
8.10 	of the rights or property of the provider of that service, or to protect users of those services 
8.11 	and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such 
8.12 	services; 
8.13 	(4) in connection with the sale or transfer of all or part of a business, or the purchase 
8.14 	or acquisition of a portion or all of a business, or the migration of a customer from one 
8.15 	carrier to another; 
8.16 	(5) to a governmental entity, if the telephone company reasonably believes that an 
8.17 	emergency involving immediate danger of death or serious physical injury to any person 
8.18 	justifies disclosure of the information; or 
8.19 	(6) to the National Center for Missing and Exploited Children, in connection with a 
8.20 	report submitted under section 227 of the federal Victims of Child Abuse Act of 1990. 
8.21 		Subd. 7. Enforcement.  Violations of this section are enforced under section 8.31. 

8.22 	Sec. 13. Minnesota Statutes 2004, section 626.557, subdivision 9a, is amended to read:
8.23 		Subd. 9a.Evaluation and referral of reports made to a common entry 
8.24 	point unit. The common entry point must screen the reports of alleged or suspected 
8.25 	maltreatment for immediate risk and make all necessary referrals as follows:
8.26 	(1) if the common entry point determines that there is an immediate need for 
8.27 	adult protective services, the common entry point agency shall immediately notify the 
8.28 	appropriate county agency;
8.29 	(2) if the report contains suspected criminal activity against a vulnerable adult, the 
8.30 	common entry point shall immediately notify the appropriate law enforcement agency;
8.31 	(3) if the report references alleged or suspected maltreatment and there is no 
8.32 	immediate need for adult protective services, the common entry point shall notify the 
8.33 	appropriate lead agency as soon as possible, but in any event no longer than two working 
8.34 	days;
9.1 	(4) if the report does not reference alleged or suspected maltreatment, the common 
9.2 	entry point may determine whether the information will be referred; and
9.3 	(5) if the report contains information about a suspicious death, the common entry 
9.4 	point shall immediately notify the appropriate law enforcement agencies, the local medical 
9.5 	examiner, and the ombudsman established under section  245.92. Law enforcement 
9.6 	agencies shall coordinate with the local medical examiner and the ombudsman as provided 
9.7 	by law. 

9.8 	Sec. 14. REPORT TO LEGISLATURE.
 9.9 	The commissioner of administration must conduct a comprehensive review of 
9.10 	Minnesota Statutes, chapter 13.  The commissioner must evaluate the current law in 
9.11 	terms of its three competing purposes:  (1) to protect the privacy of individuals; (2) 
9.12 	permit government to function; and (3) promote transparency in government; and make 
9.13 	recommendations whether the current balance in these purposes should be changed.  In 
9.14 	addition, the report must identify any changes to Minnesota Statutes, chapter 13, that 
9.15 	are needed to respond to emerging technologies, including new methodologies for data 
9.16 	storage, retention, and dissemination and whether any of the recommendations in the 
9.17 	1999 report of the Information Policy Task Force that have not been adopted should 
9.18 	be considered.  The report must be submitted to the chair of the house Civil Law and 
9.19 	Elections Committee and the chair of the senate Judiciary Committee and the ranking 
9.20 	minority members of those committees.  The report is due by January 15, 2007.