Office of the Revisor of Statutes
SF 3081
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/28/2025 10:27 a.m.
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A bill for an act
relating to government data practices; extending to peace officers the personal
information protections currently available for judicial officials; amending
Minnesota Statutes 2024, sections 13.991; 480.40; 480.45; 609.476.
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 new text begin AND PEACE OFFICER new text end DATA; PERSONAL
INFORMATION.
(a) Subject to paragraph (b), the personal information of all judicial officials new text begin or peace
officers new text end collected, created, or maintained by a government entity is private data on
individuals. For purposes of this section, the terms "personal informationnew text begin ,new text end " deleted text begin anddeleted text end "judicial
officialnew text begin ,new text end " new text begin and "peace officer" new text end 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 new text begin or peace officer
new text end 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 new text begin or peace officer new text end who does not reside with the judicial officialnew text begin or peace officernew text end , 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 officialnew text begin or peace officernew text end . 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 new text begin or peace officer new text end 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) This section shall not apply to 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 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 August 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2024, section 480.40, is amended to read:
480.40 PERSONAL INFORMATION; DISSEMINATION.
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 officialnew text begin or peace officernew text end ;
(2) a residential address of the spouse, domestic partner, or children of a judicial officialnew text begin
or peace officernew text end ;
(3) a deleted text begin nonjudicial branchdeleted text end new text begin nonemployernew text end issued telephone number or email address of a
judicial officialnew text begin or peace officernew text end ;
(4) the name of any child of a judicial officialnew text begin or peace officernew text end ; deleted text begin and
deleted text end
(5) the name of any child care facility or school that is attended by a child of a judicial
official new text begin or peace officer new text end if combined with an assertion that the named facility or school is
attended by the child of a judicial officialnew text begin or peace officer; and
new text end
new text begin (6) data about a peace officer that is classified as private data on individuals under section
13.43, subdivision 5, including but not limited to the officer's namenew text end .
(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 officialnew text begin or peace officernew text end , or by a person to whom the judicial
official new text begin or peace officer new text end has disclosed the information, unless the judicial official new text begin or peace
officer new text end has restricted the information to a specific audience.
(e) "Law enforcement support organizations" do not include charitable organizations.
new text begin
(f) "Peace officer" means a person who is licensed under section 626.84, subdivision 1,
paragraph (c).
new text end
Subd. 2.
Dissemination of personal information.
Subject to the exceptions in
subdivision 3 and the requirements of section 480.45, 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 judicial officialnew text begin or peace officernew text end .
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 judicial officialnew text begin or peace officernew text end .
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 officialnew text begin or peace officernew text end voluntarily disseminates
publicly after August 1, 2024;
(3) the dissemination of personal information made at the request of the judicial officialnew text begin
or peace officernew text end or which is necessary to effectuate the request of a judicial officialnew text begin or peace
officernew text end ;
(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 contained in:
(i) real property records as defined in section 13.045, subdivision 1, clause (5);
(ii) uniform commercial code filings and tax liens maintained by the secretary of state;
and
(iii) 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 August 1, 2025.
new text end
Sec. 3.
Minnesota Statutes 2024, section 480.45, is amended to read:
480.45 REMOVAL OF PERSONAL INFORMATION.
Subdivision 1.
Internet dissemination.
If personal information about a judicial official
new text begin or peace officer new text end is publicly posted to the Internet by a person, business, association, or
government entity, the judicial official new text begin or peace officer new text end 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:
(1) state that the individual whose information was disseminated is a judicial official new text begin or
peace officer new text end as defined in section 480.40;
(2) describe with specificity the personal information that the judicial official new text begin or peace
officer new text end seeks to remove; and
(3) state the name of the publication, website, or otherwise identify where the judicial
official's new text begin or peace officer's new text end personal information is available to the public.
Subd. 2.
Removal of personal information; exception.
(a) Upon receipt of an affidavit
requesting removal of the personal information of a judicial official new text begin or peace officer new text end 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 new text begin or peace
officer new text end 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 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.
Subd. 3.
Penalties and damages.
If a person, business, association, or government entity
knowingly violates an order granting injunctive or declarative relief, the court issuing such
an order may award to the judicial officialnew text begin or peace officernew text end an amount equal to the actual
damages sustained by the judicial officialnew text begin or peace officernew text end , and court costs and reasonable
attorney fees.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025.
new text end
Sec. 4.
Minnesota Statutes 2024, section 609.476, is amended to read:
609.476 PUBLISHING PERSONAL INFORMATION OF JUDICIAL OFFICIALnew text begin
OR PEACE OFFICERnew text end .
Subdivision 1.
Definitions.
For the purposes of this section, the terms "personal
informationnew text begin ,new text end " deleted text begin anddeleted text end "judicial officialnew text begin ,new text end " new text begin and "peace officer" new text end have the meanings given in section
480.40, subdivision 1.
Subd. 2.
Misdemeanor.
It is unlawful to knowingly publish the personal information
of any judicial official new text begin or peace officer new text end in any publicly available publication, website, or
media with the intent to threaten, intimidate, harass, or physically injure. A person convicted
of violating this subdivision is guilty of a misdemeanor.
Subd. 3.
Felony.
If a person's violation of subdivision 2 also causes bodily harm as
defined in section 609.02, subdivision 7, the person is guilty of a felony.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end