SF 4739

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/24/2026 11:00 a.m.

A bill for an act
relating to government data practices; enhancing restrictions on automated license
plate reader data; centralizing automated license plate reader data in the Bureau
of Criminal Apprehension; regulating the use of automated license plate readers
by private entities; amending Minnesota Statutes 2024, section 13.824, subdivisions
1, 2, 3, 7, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 299C; 325M.

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

Section 1.

Minnesota Statutes 2024, section 13.824, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Automated license plate reader" means an electronic device mounted on a law
enforcement vehicle or positioned in a stationary location that is capable of recording data
on, or taking a photograph of, a vehicle or its license plate and comparing the collected data
and photographs to existing law enforcement databases for investigative purposes. Automated
license plate reader includes a device that is owned or operated by a person who is not a
government entity to the extent that data collected by the reader are shared with a law
enforcement agency. Automated license plate reader does not include a traffic safety camera
system.

new text begin (c) "Law enforcement agency" means a law enforcement agency of the state or a political
subdivision.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Traffic safety camera system" has the meaning given in section 169.011,
subdivision 85a.

Sec. 2.

Minnesota Statutes 2024, section 13.824, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Bureau of Criminal Apprehension to act as central repository of data. new text end

new text begin All
data collected, created, or received by an automated license plate reader must be maintained
by the Bureau of Criminal Apprehension under section 299C.158. The bureau shall allow
a law enforcement agency to access the data consistent with this section.
new text end

Sec. 3.

Minnesota Statutes 2024, section 13.824, subdivision 2, is amended to read:

Subd. 2.

Data collection; classification; use restrictions.

(a) Data collected by an
automated license plate reader must be limited to the following:

(1) license plate numbers;

(2) date, time, and location data on vehicles; and

(3) pictures of license plates, vehicles, and areas surrounding the vehicles.

Collection of any data not authorized by this paragraph is prohibited.

(b) All data collected by an automated license plate reader are private data on individuals
or nonpublic data unless the data are public under section 13.82, subdivision 2, 3, or 6, or
are active criminal investigative data under section 13.82, subdivision 7.

(c) Data collected by an automated license plate reader may only be matched with data
in the Minnesota license plate data file, provided that a law enforcement agency may use
additional sources of data for matching if the additional data relate to an active criminal
investigation. deleted text begin A central state repository of automated license plate reader data is prohibited
unless explicitly authorized by law.
deleted text end

(d) Automated license plate readers must not be used to monitor or track an individual
who is the subject of an active criminal investigation unless authorized by a warrant, issued
upon probable cause, or exigent circumstances justify the use without obtaining a warrant.

Sec. 4.

Minnesota Statutes 2024, section 13.824, subdivision 3, is amended to read:

Subd. 3.

Destruction of data required.

(a) Notwithstanding section 138.17, and except
as otherwise provided in this subdivision, data collected by an automated license plate reader
that are not related to an active criminal investigation must be destroyed no later than deleted text begin 60
days deleted text end new text begin 48 hours new text end from the deleted text begin date deleted text end new text begin time new text end of collection.

(b) Upon written request from an individual who is the subject of a pending criminal
charge or complaint, along with the case or complaint number and a statement that the data
may be used as exculpatory evidence, data otherwise subject to destruction under paragraph
(a) must be preserved by the law enforcement agency until the criminal charge or complaint
is resolved or dismissed.

(c) Upon written request from a program participant under chapter 5B, automated license
plate reader data related to the program participant must be destroyed at the time of collection
or upon receipt of the request, whichever occurs later, unless the data are active criminal
investigative data. The existence of a request submitted under this paragraph is private data
on individuals.

(d) Data that are inactive criminal investigative data are subject to destruction according
to the retention schedule for the data established under section 138.17.

Sec. 5.

Minnesota Statutes 2024, section 13.824, subdivision 7, is amended to read:

Subd. 7.

Authorization to access data.

(a) A law enforcement agency must comply
with sections 13.05, subdivision 5, and 13.055 in the operation of automated license plate
readers, and in maintaining automated license plate reader data.

(b) The responsible authority for a law enforcement agency must establish written
procedures to ensure that law enforcement personnel have access to the data only if authorized
in writing by the chief of police, sheriff, or head of the law enforcement agency, or their
designee, to obtain access to data collected by an automated license plate reader for a
legitimate, specified, and documented law enforcement purpose. Consistent with the
requirements of paragraph (c), each access must be based on a reasonable suspicion that
the data are pertinent to an active criminal investigation and must include a record of the
factual basis for the access and any associated case number, complaint, or incident that is
the basis for the access.

(c) The ability of authorized individuals to enter, update, or access automated license
plate reader data must be limited through the use of role-based access that corresponds to
the official duties or training level of the individual and the statutory authorization that
grants access for that purpose. All queries and responses, and all actions in which data are
entered, updated, accessed, shared, or disseminated, must be recorded in a data audit trail.
Data contained in the audit trail are public, to the extent that the data are not otherwise
classified by law.

new text begin (d) Notwithstanding any other provision in this section, automated license plate reader
data may not be accessed, disseminated, or shared outside the state unless required by a
court order or judicial warrant. For purposes of this subdivision, "outside the state" includes
federal agencies, states other than Minnesota, private entities, and organizations operating
under agreement among the states or between one or more states and the federal government.
new text end

Sec. 6.

new text begin [299C.158] AUTOMATED LICENSE PLATE READER DATA
MANAGEMENT.
new text end

new text begin (a) The Bureau of Criminal Apprehension shall administer and maintain all data collected,
created, or received by an automated license plate reader operated by a law enforcement
agency of the state or of a political subdivision. The bureau must store all automated license
plate reader data on a server located within the state.
new text end

new text begin (b) Treatment of automated license plate reader data is governed by section 13.824.
Pursuant to section 13.05, subdivision 11, any contract or agreement entered into by the
bureau regarding the administration or management of automated license plate reader data
must comply with this section and section 13.824.
new text end

Sec. 7.

new text begin [325M.40] AUTOMATED LICENSE PLATE READERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "automated license plate
recognition system" or "ALPR system" means a searchable computerized database resulting
from the operation of one or more mobile or fixed cameras combined with computer
algorithms to read and convert images of registration plates and the characters they contain
into computer-readable data.
new text end

new text begin Subd. 2. new text end

new text begin Scope; government entities excluded. new text end

new text begin This section does not apply to a
government entity, as defined in section 13.02, subdivision 7a. The use of an ALPR system
by a government entity is governed by section 13.824.
new text end

new text begin Subd. 3. new text end

new text begin Private use regulated. new text end

new text begin (a) A person collecting data for an ALPR system must
post a sign or number of signs sufficiently prominent to inform the driver of any vehicle
captured by the camera that the ALPR system is in use.
new text end

new text begin (b) A person may not sell, transfer, share, or disseminate ALPR system data about an
individual or an individual's vehicle without the individual's affirmative consent, a court
order, or a judicial warrant.
new text end

new text begin (c) Data collected by an ALPR system is personal data, as defined by section 325M.11,
and is subject to sections 325M.10 to 325M.21 as applicable.
new text end

Sec. 8. new text begin TRANSFER OF AUTOMATED LICENSE PLATE READER DATA TO
THE BUREAU OF CRIMINAL APPREHENSION.
new text end

new text begin No later than December 1, 2026, a law enforcement agency that uses an automated
license plate reader or automated license plate reader technology under Minnesota Statutes,
section 13.824, must transfer all automated license plate reader data maintained by the
agency to the Bureau of Criminal Apprehension, unless the data is active or inactive criminal
investigative data under Minnesota Statutes, section 13.82, subdivision 7.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end