HF 2127

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/03/2025 03:42 p.m.

A bill for an act
relating to data privacy; classifying judicial official real property records as private
data; limiting access to judicial official real property records; amending Minnesota
Statutes 2024, sections 13.991; 480.40, subdivisions 1, 3; 480.45, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 480.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 13.991, is amended to read:

13.991 JUDICIAL OFFICIAL DATA; PERSONAL INFORMATION.

(a) Subject to paragraph (b), the personal information of all judicial officials collected,
created, or maintained by a government entity is private data on individuals. For purposes
of this section, the terms "personal information" and "judicial official" have the meanings
given in section 480.40, subdivision 1.

(b) If the responsible authority or government entity violates this chapter, the remedies
and penalties under this chapter are available only if the judicial official making a claim
previously provided written notification to the responsible authority confirming on a form
provided by the Minnesota judicial branch that they are entitled to protection under section
480.40. If the subject of the data is an adult child of a judicial official who does not reside
with the judicial official, 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 judicial official. In the case of county records, the
form shall be filed with the responsible authority that maintains the personal information
for which the judicial 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.

(c) deleted text begin This section shall not apply to deleted text end new text begin Notwithstanding paragraph (a), section 480.50 shall
govern new text end personal information deleted text begin contained in: deleted text end new text begin of all judicial officials contained in real property
records, as defined in section 480.50, subdivision 1, paragraph (f).
new text end

deleted text begin (1) real property records as defined in section deleted text end deleted text begin 13.045, subdivision 1 deleted text end deleted text begin , clause (5);
deleted text end

deleted text begin (2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;
deleted text end deleted text begin and
deleted text end

deleted text begin (3) any other records maintained by a deleted text end deleted text begin government entity deleted text end deleted text begin evidencing title to, or any lien,
judgment, or other encumbrance on, real or personal property.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 2.

Minnesota Statutes 2024, section 480.40, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section and section 480.45, the
following terms have the meanings given.

(b) "Judicial official" means:

(1) every Minnesota district court judge, senior judge, retired judge, and every judge of
the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge
who resides in Minnesota;

(2) a justice of the Minnesota Supreme Court;

(3) employees of the Minnesota judicial branch;

(4) judicial referees and magistrate judges; and

(5) current and retired judges and current employees of the Office of Administrative
Hearings, Workers' Compensation Court of Appeals, and Tax Court.

(c) "Personal information" does not include publicly available information. Personal
information means:

(1) a residential address of a judicial official;

(2) a residential address of the spouse, domestic partner, or children of a judicial official;

(3) a nonjudicial branch issued telephone number or email address of a judicial official;

(4) the name of any child of a judicial official; and

(5) the name of any child care facility or school that is attended by a child of a judicial
official if combined with an assertion that the named facility or school is attended by the
child of a judicial official.

(d) "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 judicial official, or by a person to whom the judicial official has
disclosed the information, unless the judicial official has restricted the information to a
specific audience.

(e) "Law enforcement support organizations" do not include charitable organizations.

new text begin (f) "Real property records" has the meaning given in section 480.50, subdivision 1,
paragraph (f).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 3.

Minnesota Statutes 2024, section 480.40, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

new text begin (a) new text end Subdivision 2 deleted text begin does deleted text end new text begin and section 480.50 do new text end not apply to:

(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;

(2) personal information that the judicial official voluntarily disseminates publicly after
August 1, 2024;

(3) the dissemination of personal information made at the request of the judicial official
or which is necessary to effectuate the request of a judicial official;

(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;

(5) a commercial entity providing publicly available information through real-time or
near real-time alert services for health or safety purposes;

(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.;

(7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United
States Code, title 15, section 1681, et seq.;

(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.;

(9) a commercial entity using personal information to do any of the following: 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;

(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.;

(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;

(12) insurance and insurance support organizations;

(13) law enforcement agencies or law enforcement support organizations and vendors
that provide data support services to law enforcement agencies; new text begin and
new text end

(14) the collection and sale or licensing of covered information incidental to conducting
the activities described in clauses (4) to (13) deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (15) personal information deleted text end deleted text begin contained in:
deleted text end

deleted text begin (i) real property records as defined in section 13.045, subdivision 1, clause (5);
deleted text end

deleted text begin (ii) uniform commercial code filings and tax liens maintained by the secretary of state;
and
deleted text end

deleted text begin (iii) any other records maintained by a government entity evidencing title to, or any lien,
judgment, or other encumbrance on, real or personal property.
deleted text end

new text begin (b) Subdivision 2 does not apply to:
new text end

new text begin (1) personal information of judicial officials collected, created, or maintained in real
property records; or
new text end

new text begin (2) the dissemination of personal information in real property records by a licensed
attorney or any employees in the office of the licensed attorney, when reasonably necessary
for the provision of legal services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 4.

Minnesota Statutes 2024, section 480.45, subdivision 2, is amended to read:

Subd. 2.

Removal of personal information; exception.

(a) Upon receipt of an affidavit
requesting removal of the personal information of a judicial official 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 judicial official may file a civil action in
a court of competent jurisdiction seeking a court order compelling compliance, including
injunctive and declarative relief.

(b) Paragraph (a) shall not apply to personal information new text begin disseminated directly by a
government entity new text end contained in deleted text begin : deleted text end new text begin real property records, as defined in section 480.50,
subdivision 1, paragraph (f).
new text end

deleted text begin (1) real property records as defined in section deleted text end deleted text begin 13.045, subdivision 1 deleted text end deleted text begin , clause (5);
deleted text end

deleted text begin (2) uniform commercial code filings and tax liens maintained by the secretary of state;
deleted text end deleted text begin and
deleted text end

deleted text begin (3) any other records maintained by a government entity evidencing title to, or any lien,
deleted text end deleted text begin judgment, or other encumbrance on, real or personal property.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 5.

new text begin [480.50] PERSONAL INFORMATION IN REAL PROPERTY RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "County recorder" has the meaning given in section 13.045, subdivision 1, clause
(4).
new text end

new text begin (c) "Government entity" has the meaning given in section 13.02, subdivision 7a.
new text end

new text begin (d) "Judicial official" has the meaning given in section 480.40, subdivision 1, paragraph
(b), except that it does not include employees of the Minnesota judicial branch.
new text end

new text begin (e) "Personal information" has the meaning given in section 480.40, subdivision 1,
paragraph (c).
new text end

new text begin (f) "Real property records" means any of the following:
new text end

new text begin (1) real property records as defined in section 13.045, subdivision 1, clause (5);
new text end

new text begin (2) Uniform Commercial Code filings and tax liens maintained by the Secretary of State;
and
new text end

new text begin (3) any other records maintained by a county recorder or other government entity
evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property.
new text end

new text begin (g) "Responsible authority" has the meaning given in section 13.02, subdivision 16.
new text end

new text begin Subd. 2. new text end

new text begin Classification of data. new text end

new text begin (a) Subject to the provisions of this section, the personal
information of all judicial officials collected, created, or maintained in real property records
is private data on individuals, as defined in section 13.02, subdivision 12.
new text end

new text begin (b) If the responsible authority or government entity violates this section, the remedies
and penalties under chapter 13 are available only if the judicial official making a claim
previously provided a real property notice that complies with subdivision 3. If the subject
of the data is the spouse, domestic partner, or adult child of a judicial official who does not
reside with the judicial official, the remedies and penalties under chapter 13 are available
only if the spouse, domestic partner, or adult child previously provided a notification under
subdivision 3 to the responsible authority confirming their status as the spouse, domestic
partner, or adult child of a judicial official. In the case of county records, the notification
shall be filed with the responsible authority that maintains the personal information for
which the judicial officer is seeking protection. A notification submitted under this section
is private data on individuals, as defined in section 13.02, subdivision 12.
new text end

new text begin Subd. 3. new text end

new text begin Notification. new text end

new text begin (a) For the classification in subdivision 2 to apply to personal
information in real property records, a judicial official must submit a real property notice
in writing to the county recorder in the county where the property identified in the real
property notice is located and to the Office of the Secretary of State. To affect real property
records maintained by any other government entity, a judicial official must submit a real
property notice in writing to the other government entity's responsible authority. If the
personal information is that of the spouse, domestic partner, or adult child of a judicial
official who does not reside with the judicial official, the spouse, domestic partner, or adult
child must submit a real property notice. The real property notice is classified as private
data on individuals, as defined in section 13.02, subdivision 12. A real property notice must
be on a form provided by the judicial branch and must include:
new text end

new text begin (1) the full legal name of the individual submitting the form;
new text end

new text begin (2) the last four digits of the individual's Social Security number;
new text end

new text begin (3) the individual's date of birth;
new text end

new text begin (4) the individual's telephone number and email;
new text end

new text begin (5) the residential address of the individual in Minnesota;
new text end

new text begin (6) the legal description, parcel identification number, and street address, if any, of the
real property affected by the notice; and
new text end

new text begin (7) a certification that the individual is a judicial official or the spouse, domestic partner,
or adult child of a judicial official that contains the notarized signature of the individual.
new text end

new text begin (b) A notice submitted by a judicial official employed by the state must include the
employer's business address and a verification of current employment signed by the
employer's human resources office.
new text end

new text begin (c) A notice submitted pursuant to this subdivision by a spouse, domestic partner, or
adult child of a judicial official not residing with the judicial official must include a notarized
verification that the individual is the spouse, domestic partner, or adult child of a judicial
official.
new text end

new text begin (d) Only one parcel of real property may be included in each notice, but a judicial official
may submit more than one notice. A government entity may require a judicial official to
provide additional information necessary to identify the records of the judicial official or
the real property described in the notice. An individual submitting a notice must submit a
new real property notice if their legal name changes.
new text end

new text begin Subd. 4. new text end

new text begin Access to real property records. new text end

new text begin (a) If an individual submits a notice under
subdivision 3, the county recorder or other government entity must not disclose the
individual's personal information in conjunction with the property identified in the written
notice, unless:
new text end

new text begin (1) the individual has consented to sharing or dissemination of the personal information
for the purpose identified in a writing signed by the individual and acknowledged by a
notary public;
new text end

new text begin (2) the personal information is subject to dissemination pursuant to a court order under
section 13.03, subdivision 6;
new text end

new text begin (3) the personal information is shared with a government entity for the purpose of
administering assessment and taxation laws;
new text end

new text begin (4) the personal information is disseminated pursuant to subdivision 5; or
new text end

new text begin (5) the personal information is shared with the examiner of titles or deputy examiner as
necessary to perform their statutory duties under chapters 508 and 508A, including the
dissemination of personal information in Reports of Examiner.
new text end

new text begin (b) This subdivision does not prevent the county recorder from returning original
documents to the person who submitted the documents for recording. Each county recorder
shall establish procedures for recording documents to comply with this subdivision. These
procedures may include masking personal information and making documents or certificates
of title containing the personal information private and not viewable except as allowed by
this paragraph. The procedure must comply with the requirements of chapters 386, 507,
508, and 508A, and other laws as appropriate, to the extent these requirements do not conflict
with this section. The procedures must provide public notice of the existence of recorded
documents and certificates of title that are not publicly viewable and the provisions for
viewing them under this subdivision. Notice that a document or certificate is private and
viewable only under this subdivision or subdivision 5 is deemed constructive notice of the
document or certificate.
new text end

new text begin (c) A real property notice submitted under subdivision 3 shall apply retroactively to all
online and digital real property records, except digitized or scanned images of tract pages
and books, but only to the extent the individual submitting the notice provides the parcel
identification number, document number, or certificate of title number of each record for
which protection is sought. Otherwise, paragraph (a) applies only to the real property records
recorded or filed concurrently with the real property notice specified in subdivision 3 and
to real property records affecting the same real property recorded subsequent to the county
recorder or other government entity's receipt of the real property notice.
new text end

new text begin (d) The county recorder or other government entity shall have 60 days from the date of
receipt of a real property notice under subdivision 3 to process the request. If the judicial
official cites exigent circumstances, the county recorder or other government entity shall
process the request as soon as practicable.
new text end

new text begin (e) The prohibition on disclosure in paragraph (a) continues until:
new text end

new text begin (1) the judicial official has consented to the termination of the real property notice in a
writing signed by the judicial official and acknowledged by a notary public;
new text end

new text begin (2) the real property notice is terminated pursuant to a court order;
new text end

new text begin (3) the judicial official no longer holds a record interest in the real property identified
in the real property notice;
new text end

new text begin (4) the judicial official is deceased and a copy of the death certificate has been filed with
the county recorder or other government entity to which a notice was given under subdivision
3; or
new text end

new text begin (5) the judicial official no longer qualifies as a judicial official. Notification that the
judicial official no longer qualifies as a judicial official must be given by the judicial official
to each county recorder or other government entity to which a notice under subdivision 3
was given within 90 days after the judicial official no longer qualifies as a judicial official.
new text end

new text begin (f) Upon termination of the prohibition of disclosure, the county recorder shall make
publicly viewable all documents and certificates of title relative to the judicial official that
were previously partially or wholly private and not viewable.
new text end

new text begin Subd. 5. new text end

new text begin Access to personal information in real property records; title
examination. new text end

new text begin (a) Upon request, the judicial official shall verify that the judicial official's
real property is the property subject to a bona fide title exam.
new text end

new text begin (b) The county recorder or other government entity shall provide a judicial official's
unredacted real property records upon request of any of the following persons:
new text end

new text begin (1) a licensed title insurance company representative, a licensed title insurance agent, a
licensed abstractor, or an attorney licensed to practice law in Minnesota;
new text end

new text begin (2) a mortgage loan originator;
new text end

new text begin (3) a real estate broker or a real estate salesperson; and
new text end

new text begin (4) an individual or entity that has made or received an offer for the purchase of real
property to or from a judicial official whose address is subject to nondisclosure, provided
the request is accompanied by a written consent from the judicial official.
new text end

new text begin (c) A request made under paragraph (a) or (b) must be made on a notarized form and
include:
new text end

new text begin (1) the full legal name, title, address, and place of employment, if applicable, of the
person requesting the real property records;
new text end

new text begin (2) the lawful purpose for requesting the real property records;
new text end

new text begin (3) the requestor's relationship, if any, to the judicial official;
new text end

new text begin (4) the legal description of the property subject to the title examination; and
new text end

new text begin (5) proof of the requestor's licensure.
new text end

new text begin (d) Personal information provided under this subdivision may be used only for the
purposes authorized in this subdivision or the lawful purposes set forth in the request for
disclosure form and may not be further disseminated to any other person. A person receiving
private data under this subdivision shall establish procedures to protect the data from further
dissemination.
new text end

new text begin Subd. 6. new text end

new text begin Service fees to county recorder or other government entity. new text end

new text begin The county
recorder or any other government entity is authorized to charge the following service fees:
new text end

new text begin (1) $40 for each real property notice under subdivision 3;
new text end

new text begin (2) $40 for each consent submitted under subdivision 4, paragraph (a), clause (1), and
subdivision 4, paragraph (e), clause (1); and
new text end

new text begin (3) $40 for each request submitted under subdivision 5.
new text end

new text begin These service fees shall not be considered county recorder fees under section 357.18 or
registrar of titles fees under section 508.82 or 508A.82 and shall be deposited into the county
recorder or other government entity's general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end