SF 2039

Introduction - 94th Legislature (2025 - 2026)

Posted on 06/05/2025 10:04 a.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; providing criminal
penalties; amending Minnesota Statutes 2024, sections 13.991; 480.40, subdivision
3; 480.45, subdivision 2; 609.63, subdivision 1; 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 contained in:

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

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

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

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 3, is amended to read:

Subd. 3.

Exceptions.

Subdivision 2 does 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;

(14) the collection and sale or licensing of covered information incidental to conducting
the activities described in clauses (4) to (13); and

(15) personal information deleted text begin contained in: deleted text end new text begin governed by section 480.50.
new 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 EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2024, section 480.45, 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
county recorder or other government entity new text end contained in:

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

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).
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 an 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 adult child previously
provided a notification under subdivision 3 to the responsible authority confirming their
status as the 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 an adult child of a judicial official who does not reside with
the judicial official, the 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 judicial official, including the judicial official's first name,
middle name, and last name or surname;
new text end

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

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

new text begin (4) the residential address of the judicial official in Minnesota;
new text end

new text begin (5) the legal description and street address, if any, of the real property affected by the
notice; and
new text end

new text begin (6) a certification that the person is a judicial official as defined by section 480.40,
subdivision 1, paragraph (b), that contains the notarized signature of the judicial official.
new text end

new text begin (b) For judicial officials employed by the state, the notice 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) For an adult child of a judicial official not residing with the judicial official, the
notice must include the adult child and the judicial official's notarized verification that they
are parent and child.
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 a judicial official submits a notice under
subdivision 3, the county recorder or other government entity must not disclose the judicial
official's personal information in conjunction with the property identified in the written
notice, unless:
new text end

new text begin (1) the judicial official has consented to sharing or dissemination of the personal
information for the purpose identified in a writing signed by the judicial official and
acknowledged by a notary public, and the written consent includes a verification of current
employment signed by the employer's human resources office if the judicial official is
employed by the state;
new text end

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

new text begin (3) the data is shared with a government entity subject to chapter 13 for the purpose of
administering assessment and taxation laws.
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
indexed, online, and digital real property records but only to the extent the judicial official
provides the 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; or
new text end

new text begin (4) 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.
If the judicial official fails to give the required notice, they may be subject to a civil penalty
payable to each county recorder or other government entity to which a notice under
subdivision 3 was given, not to exceed $500.
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) Pursuant to subdivision 4, paragraph (a), clause (1) or (2), 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,
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 on a form provided by the state,
notarized, 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 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 disclosed under this subdivision may be used only for the
purposes authorized in this subdivision and may not be further disclosed to any other person.
A person receiving private data under this subdivision shall establish procedures to protect
the data from further disclosure.
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

Sec. 5.

Minnesota Statutes 2024, section 609.63, subdivision 1, is amended to read:

Subdivision 1.

Crime defined; intent to defraud.

new text begin (a) new text end Whoever, with intent to injure or
defraud, does any of the following is guilty of forgery and may be sentenced to imprisonment
for not more than three years or to payment of a fine of not more than $5,000, or both:

(1) uses a false writing, knowing it to be false, for the purpose of identification or
recommendation; deleted text begin or
deleted text end

(2) without consent, places, or possesses with intent to place, upon any merchandise an
identifying label or stamp which is or purports to be that of another craftsperson, tradesperson,
packer, or manufacturer, or disposes or possesses with intent to dispose of any merchandise
so labeled or stamped; deleted text begin or
deleted text end

(3) falsely makes or alters a membership card purporting to be that of a fraternal, business,
professional, or other association, or of any labor union, or possesses any such card knowing
it to have been thus falsely made or altered; deleted text begin or
deleted text end

(4) falsely makes or alters a writing, or possesses a falsely made or altered writing,
evidencing a right to transportation on a common carrier; deleted text begin or
deleted text end

(5) destroys, mutilates, or by alteration, false entry or omission, falsifies any record,
account, or other document relating to a private business; deleted text begin or
deleted text end

(6) without authority of law, destroys, mutilates, or by alteration, false entry, or omission,
falsifies any record, account, or other document relating to a person, corporation, or business,
or filed in the office of, or deposited with, any public office or officer; deleted text begin or
deleted text end

(7) destroys a writing or object to prevent it from being produced at a trial, hearing, or
other proceeding authorized by law new text begin ; or
new text end

new text begin (8) uses a false writing, knowing it to be false, for the purpose of procuring or
disseminating the personal information of a judicial official new text end .

new text begin (b) As used in paragraph (a), "judicial official" has the meaning given in section 480.40,
subdivision 1, paragraph (b), and "personal information" has the meaning given in section
480.40, subdivision 1, paragraph (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026, and applies to crimes
committed on or after that date.
new text end