Office of the Revisor of Statutes
HF 1567
2nd Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/01/2025 12:46 p.m.
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A bill for an act
relating to government data practices; providing personal information protections
to public safety officers; amending Minnesota Statutes 2024, section 609.5151;
proposing coding for new law in Minnesota Statutes, chapters 13; 626.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[13.807] PUBLIC SAFETY OFFICER DATA; PERSONAL
INFORMATION.
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(a) Subject to paragraph (b), the personal information of all public safety officers
collected, created, or maintained by a government entity is private data on individuals. For
purposes of this section, the terms "personal information" and "public safety officer" have
the meanings given in section 626.97, subdivision 1.
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(b) If the responsible authority or government entity violates this chapter, the remedies
and penalties under this chapter are available only if the public safety officer making a claim
previously provided written notification to the responsible authority confirming on a form
provided by the commissioner of the Department of Public Safety that they are entitled to
protection under section 626.97. If the subject of the data is an adult child of a public safety
officer who does not reside with the public safety officer, the remedies and penalties under
this chapter are available only if the adult child previously provided written notification to
the responsible authority confirming their status as the child of a public safety officer. In
the case of county records, the form shall be filed with the responsible authority that maintains
the personal information for which the public safety officer is seeking protection. A form
submitted under this section is private data on individuals. A notice filed under this paragraph
expires five years following the date of filing, unless it is renewed prior to the expiration
date.
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(c) This section shall not apply to personal information contained in:
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(1) real property records as defined in section 13.045, subdivision 1, clause (5);
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(2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;
and
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(3) any other records maintained by a government entity evidencing title to, or any lien,
judgment, or other encumbrance on, real or personal property.
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Sec. 2.
Minnesota Statutes 2024, section 609.5151, is amended to read:
609.5151 DISSEMINATION OF PERSONAL INFORMATION ABOUT deleted text begin LAW
ENFORCEMENTdeleted text end new text begin CERTAIN PERSONS INVOLVED IN PUBLIC SAFETYnew text end
PROHIBITED; PENALTY.
Subdivision 1.
Definitions.
As used in this section:
(1) new text begin "correctional officer" has the meaning given in section 241.026, subdivision 1,
paragraph (b);
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new text begin (2) new text end "family or household member" has the meaning given in section 518B.01, subdivision
2;
deleted text begin (2)deleted text end new text begin (3)new text end "law enforcement official" means both peace officers as defined in section 626.84,
subdivision 1, and persons employed by a law enforcement agency; deleted text begin and
deleted text end
deleted text begin (3)deleted text end new text begin (4)new text end "personal information" means a home telephone number, personal cell number,
personal email address, name of the official's minor child, photographs of the official's
minor child, home address, directions to a home, or photographs of a homenew text begin ; and
new text end
new text begin (5) "public safety official" means a correctional officer or a law enforcement officialnew text end .
Subd. 2.
Crime described.
(a) It is a misdemeanor for a person to knowingly and without
consent make publicly available, including but not limited to through the Internet, personal
information about a deleted text begin law enforcementdeleted text end new text begin public safetynew text end official or an official's family or household
member, if:
(1) the public availability of information poses an imminent and serious threat to the
official's safety or the safety of an official's family or household member; and
(2) the person making the information publicly available knows or reasonably should
know of the imminent and serious threat.
(b) new text begin A person who is convicted of a second or subsequent violation of this section is
guilty of a gross misdemeanor.
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new text begin (c) new text end A person is guilty of a deleted text begin gross misdemeanordeleted text end new text begin felonynew text end if the person violates paragraph
(a) and a deleted text begin law enforcementdeleted text end new text begin public safetynew text end official or an official's family or household member
suffers great bodily harm or death as a result of the violation.
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(c) A person who is convicted of a second or subsequent violation of this section is guilty
of a gross misdemeanor.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
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Sec. 3.
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[626.97] PERSONAL INFORMATION; DISSEMINATION.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section and section 626.971, the
following terms have the meanings given.
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(b) "Correctional officer" has the meaning given in section 241.026, subdivision 1,
paragraph (b).
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(c) "Law enforcement support organizations" do not include charitable organizations.
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(d) "Peace officer" means a person who is licensed under section 626.84, subdivision
1, paragraph (c).
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(e) "Personal information" does not include publicly available information. Personal
information means:
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(1) a residential address of a public safety officer;
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(2) a residential address of the spouse, domestic partner, or children of a public safety
officer;
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(3) a nonemployer-issued telephone number or email address of a public safety officer;
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(4) the name of any child of a public safety officer;
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(5) the name of any child care facility or school that is attended by a child of a public
safety officer if combined with an assertion that the named facility or school is attended by
the child of a public safety officer; and
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(6) data about a public safety officer that is classified as private data on individuals under
section 13.43, subdivision 5, including but not limited to the officer's name.
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(f) "Public safety officer" means a peace officer, a correctional officer, a former peace
officer, or a former correctional officer.
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(g) "Publicly available information" means information that is lawfully made available
through federal, state, or local government records or information that a business has a
reasonable basis to believe is lawfully made available to the general public through widely
distributed media, by a public safety officer, or by a person to whom the public safety officer
has disclosed the information, unless the public safety officer has restricted the information
to a specific audience.
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new text begin Subd. 2. new text end
new text begin Dissemination of personal information. new text end
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Subject to the exceptions in
subdivision 3 and the requirements of section 626.971, no person, business, association, or
government entity shall knowingly publicly post, display, publish, sell, or otherwise make
available on the Internet the personal information of any public safety officer. Personal
information shall be kept in a secure manner to prevent unauthorized access. Personal
information may be disseminated pursuant to a specific authorization in law, rule, or with
the written consent of the public safety officer.
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new text begin Subd. 3. new text end
new text begin Exceptions. new text end
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Subdivision 2 does not apply to:
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(1) the dissemination of personal information if the information is relevant to and
displayed as part of a news story, commentary, editorial, or other speech on a matter of
public concern;
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(2) personal information that the public safety officer voluntarily disseminates publicly
after August 1, 2024;
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(3) the dissemination of personal information made at the request of the public safety
officer or that is necessary to effectuate the request of a public safety officer;
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(4) a commercial entity using personal information internally, providing access to
businesses under common ownership or affiliated by corporate control, or selling or providing
data for a transaction or service requested by or concerning the individual whose personal
information is being transferred;
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(5) a commercial entity providing publicly available information through real-time or
near real-time alert services for health or safety purposes;
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(6) a commercial entity engaged in the collection, maintenance, disclosure, sale,
communication, or use of any personal information bearing on a consumer's credit worthiness,
credit standing, credit capacity, character, general reputation, personal characteristics, or
mode of living by a consumer reporting agency, furnisher, or user that provides information
for use in a consumer report, and by a user of a consumer report, but only to the extent that
such activity is regulated by and authorized under the federal Fair Credit Reporting Act,
United States Code, title 15, section 1681, et seq.;
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(7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United
States Code, title 15, section 1681, et seq.;
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(8) a commercial entity using personal information collected, processed, sold, or disclosed
in compliance with the federal Driver's Privacy Protection Act of 1994, United States Code,
title 18, section 2721, et seq.;
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(9) a commercial entity using personal information to prevent, detect, protect against,
or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive
activities, or any illegal activity; preserve the integrity or security of systems; or investigate,
report, or prosecute any person responsible for any such action;
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(10) a financial institution, affiliate of a financial institution, or data subject to title V
of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801, et seq.;
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(11) a covered entity or business associate for purposes of the federal privacy regulations
promulgated under the federal Health Insurance Portability and Accountability Act of 1996,
specifically United States Code, title 42, section 1320d-2 note;
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(12) insurance and insurance support organizations;
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(13) law enforcement agencies or law enforcement support organizations and vendors
that provide data support services to law enforcement agencies;
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(14) the collection and sale or licensing of covered information incidental to conducting
the activities described in clauses (4) to (13); and
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(15) personal information contained in:
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(i) real property records as defined in section 13.045, subdivision 1, clause (5);
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(ii) uniform commercial code filings and tax liens maintained by the secretary of state;
and
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(iii) any other records maintained by a government entity evidencing title to, or any lien,
judgment, or other encumbrance on, real or personal property.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2025.
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Sec. 4.
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[626.971] REMOVAL OF PERSONAL INFORMATION.
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new text begin Subdivision 1. new text end
new text begin Internet dissemination. new text end
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If personal information about a public safety
officer is publicly posted to the Internet by a person, business, association, or government
entity, the public safety officer may submit a sworn affidavit to the person, business,
association, or government entity requesting that the publicly posted personal information
be removed. The affidavit shall:
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(1) state that the individual whose information was disseminated is a public safety officer
as defined in section 626.97;
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(2) describe with specificity the personal information that the public safety officer seeks
to remove; and
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(3) state the name of the publication, website, or otherwise identify where the public
safety officer's personal information is available to the public.
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new text begin Subd. 2. new text end
new text begin Removal of personal information; exception. new text end
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(a) Upon receipt of an affidavit
requesting removal of the personal information of a public safety officer that meets the
requirements of subdivision 1, the person, business, association, or government entity shall
remove the publicly posted personal information within 30 days. If the person, business,
association, or government entity fails to remove the publicly posted personal information
within 30 days after an affidavit is submitted, the public safety officer may file a civil action
in a court of competent jurisdiction seeking a court order compelling compliance, including
injunctive and declarative relief.
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(b) Paragraph (a) shall not apply to personal information contained in:
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(1) real property records as defined in section 13.045, subdivision 1, clause (5);
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(2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;
and
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(3) any other records maintained by a government entity evidencing title to, or any lien,
judgment, or other encumbrance on, real or personal property.
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new text begin Subd. 3. new text end
new text begin Penalties and damages. new text end
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If a person, business, association, or government entity
knowingly violates an order granting injunctive or declarative relief, the court issuing the
order may award to the public safety officer an amount equal to the actual damages sustained
by the public safety officer, and court costs and reasonable attorney fees.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2025.
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