Office of the Revisor of Statutes
SF 2885
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/25/2025 09:39 a.m.
Bill Text Versions
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Introduction
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Posted on 03/20/2025 |
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A bill for an act
relating to government data practices; making changes to various sections of the
Government Data Practices Act; updating the Official Records Act; amending
Minnesota Statutes 2024, sections 13.05, subdivision 5; 13.356; 13.40, subdivision
2; 15.17, subdivision 1; 138.17, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 13.05, subdivision 5, is amended to read:
Subd. 5.
Data protection.
(a) The responsible authority shall:
(1) establish procedures to assure that all data on individuals is accurate, complete, and
current for the purposes for which it was collected;
(2) establish appropriate security safeguards for all records containing data on individuals,
including procedures for ensuring that data that deleted text begin aredeleted text end new text begin isnew text end not public deleted text begin aredeleted text end new text begin isnew text end only accessible to
persons whose work assignment reasonably requires access to the data, and is only being
accessed by those persons for purposes described in the procedure; deleted text begin and
deleted text end
(3) develop a policy incorporating these procedures, which may include a model policy
governing access to the data if sharing of the data with other government entities is authorized
by lawnew text begin ; and
new text end
new text begin (4) establish procedures for monitoring access to private or confidential data on
individualsnew text end .
(b) When not public data is being disposed of, the data must be destroyed in a way that
prevents its contents from being determined.
Sec. 2.
Minnesota Statutes 2024, section 13.356, is amended to read:
13.356 PERSONAL CONTACT AND ONLINE ACCOUNT INFORMATION.
(a) The following data on an individual collected, maintained, or received by a
government entity deleted text begin for notification purposes or as part of a subscription list for an entity's
electronic periodic publications as requested by the individual aredeleted text end new text begin isnew text end private data on
individuals:
(1) telephone number;
(2) email address; and
(3) Internet user name, password, Internet protocol address, and any other similar data
related to the individual's online account or access procedures.
(b) Section 13.04, subdivision 2, does not apply to data classified under paragraph (a).
Paragraph (a) does not apply to data submitted by an individual to the Campaign Finance
Board to meet the legal requirements imposed by chapter 10A, to data submitted for purposes
of making a public comment, or to data in a state agency's rulemaking email list.
(c) Data provided under paragraph (a) may deleted text begin onlydeleted text end be used deleted text begin for the specific purpose for
which the individual provided the datadeleted text end new text begin by the government entity to:
new text end
new text begin
(1) communicate with the individual; or
new text end
new text begin (2) perform the government entity's health, safety, or welfare functions or provide
government servicesnew text end .
new text begin
(d) If the data provided under paragraph (a) is also classified as private data on individuals
by other state statute, the data may be shared or disseminated as provided in the other state
statute.
new text end
new text begin
(e) This section does not apply to data on an individual contained in a real property
record, which is any record of data that is maintained as part of the county real estate
document recording system for use by the public, data on assessments, data on real or
personal property taxation, and other data on real property.
new text end
Sec. 3.
Minnesota Statutes 2024, section 13.40, subdivision 2, is amended to read:
Subd. 2.
Private data; library deleted text begin borrowersdeleted text end new text begin patronsnew text end .
(a) Except as provided in paragraph
(b), the following data maintained by a library deleted text begin aredeleted text end new text begin isnew text end private data on individuals and may
not be disclosed deleted text begin fordeleted text end other than new text begin for new text end library purposes except pursuant to a court ordernew text begin or section
13.05new text end :
(1) data that link a library patron's name with materials requested or borrowed by the
patron or that link a patron's name with a specific subject about which the patron has
requested information or materials; deleted text begin or
deleted text end
(2) data in applications for new text begin patron new text end borrower cards, other than the name of the deleted text begin borrower.deleted text end new text begin
patron if the patron is 18 years of age or older; or
new text end
new text begin
(3) the name of a patron who is a minor.
new text end
(b) A library may release reserved materials to a family member or other person who
resides with a library patron and who is picking up the material on behalf of the patron. A
patron may request that reserved materials be released only to the patron.
new text begin
(c) Section 13.04, subdivision 2, does not apply to data classified under paragraph (a),
clause (3).
new text end
Sec. 4.
Minnesota Statutes 2024, section 15.17, subdivision 1, is amended to read:
Subdivision 1.
Must be kept.
All officers and agencies of the state, counties, cities,
towns, school districts, municipal subdivisions or corporations, or other public authorities
or political entities within the state, hereinafter "public officer," shall make and preserve
all records necessary to a full and accurate knowledge of their official activities. Government
records may be produced in the form of computerized records. All government records shall
be made deleted text begin on a physical medium of adeleted text end new text begin in a manner andnew text end quality to insure permanent records.
Every public officer is empowered to reproduce records if the records are not deemed to be
of deleted text begin permanent ordeleted text end archival value by the commissioner of administration and the records
disposition panel under section 138.17. The public officer is empowered to reproduce these
records by any deleted text begin photographic, photostatic, microphotographic, optical disk imaging system,
microfilming, or other reproductiondeleted text end method that clearly and accurately reproduces the
records. Each public officer may order that those deleted text begin photographs, photostats, microphotographs,
microfilms, optical images, or otherdeleted text end reproductionsdeleted text begin ,deleted text end be substituted for the originals of them.
new text begin Records that are reproduced when so ordered by a public officer are admissible as evidence
in all courts and proceedings of every kind. A certified or exemplified copy of the
reproduction has the same effect and weight as evidence as would a certified or exemplified
copy of the original. new text end The public officer may direct the destruction or sale for salvage or
other disposition of the originals from which they were made, in accordance with the
disposition requirements of section 138.17. deleted text begin Photographs, photostats, microphotographs,
microfilms, optical images, or other reproductions are for all purposes deemed the original
recording of the papers, books, documents, and records reproduced when so ordered by any
public officer and are admissible as evidence in all courts and proceedings of every kind.
A facsimile or exemplified or certified copy of a photograph, photostat, microphotograph,
microfilm, optical image, or other reproduction, or an enlargement or reduction of it, has
the same effect and weight as evidence as would a certified or exemplified copy of the
original.
deleted text end
Sec. 5.
Minnesota Statutes 2024, section 138.17, subdivision 1, is amended to read:
Subdivision 1.
Destruction, preservation, reproduction of records; prima facie
evidence.
(a) The attorney general, legislative auditor in the case of state records, state
auditor in the case of local records, and director of the Minnesota Historical Society,
hereinafter director, shall constitute the Records Disposition Panel. The members of the
panel shall have power by majority vote to direct the destruction or sale for salvage of
government records determined to be no longer of any value, or to direct the disposition by
gift to the Minnesota Historical Society or otherwise of government records determined to
be valuable for preservation. The Records Disposition Panel may by majority vote order
any of those records to be reproduced deleted text begin by photographic or other means,deleted text end and order that
deleted text begin photographic or otherdeleted text end new text begin thenew text end reproductions be substituted for the originals of them. It may
direct the destruction or sale for salvage or other disposition of the originals from which
they were made. deleted text begin Photographic or other reproductions shall for all purposes be deemed the
originals of the records reproduced when so ordered by the records disposition panel, and
shall be admissible as evidence in all courts and in proceedings of every kind. A facsimile,
exemplified or certified copy of a photographic, optical disk imaging, or other reproduction,
or an enlargement or reduction of it, shall have the same effect and weight as evidence as
would a certified or exemplified copy of the original.deleted text end new text begin Records that are reproduced when so
ordered by the Records Disposition Panel are admissible as evidence in all courts and
proceedings of every kind. A certified or exemplified copy of the reproduction has the same
effect and weight as evidence as would a certified or exemplified copy of the original.new text end The
Records Disposition Panel, by majority vote, may direct the storage of government records,
except as herein provideddeleted text begin , and direct the storage of photographic or other reproductionsdeleted text end .
deleted text begin Photographic or otherdeleted text end Reproductions substituted for original records shall be disposed of
in accordance with the procedures provided for the original records.
(b) For the purposes of this chapter:
(1) the term "government records" means state and local records, including all cards,
correspondence, discs, maps, memoranda, microfilms, papers, photographs, recordings,
reports, tapes, writings, optical disks, and other data, information, or documentary material,
regardless of physical form or characteristics, storage media or conditions of use, made or
received by an officer or agency of the state and an officer or agency of a county, city, town,
school district, municipal subdivision or corporation or other public authority or political
entity within the state pursuant to state law or in connection with the transaction of public
business by an officer or agency;
(2) the term "state record" means a record of a department, office, officer, commission,
commissioner, board or any other agency, however styled or designated, of the executive
branch of state government; a record of the state legislature; a record of any court, whether
of statewide or local jurisdiction; and any other record designated or treated as a state record
under state law;
(3) the term "local record" means a record of an agency of a county, city, town, school
district, municipal subdivision or corporation or other public authority or political entity;
(4) the term "records" excludes data and information that does not become part of an
official transaction, library and museum material made or acquired and kept solely for
reference or exhibit purposes, extra copies of documents kept only for convenience of
reference and stock of publications and processed documents, and bonds, coupons, or other
obligations or evidences of indebtedness, the destruction or other disposition of which is
governed by other laws;new text begin and
new text end
(5) the term "state archives" means those records preserved or appropriate for preservation
as evidence of the organization, functions, policies, decisions, procedures, operations or
other activities of government or because of the value of the information contained in them,
when determined to have sufficient historical or other value to warrant continued preservation
by the state of Minnesota and accepted for inclusion in the collections of the Minnesota
Historical Society.
(c) If the decision is made to dispose of records by majority vote, the Minnesota Historical
Society may acquire and retain whatever they determine to be of potential historical value.