HF 299

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; prohibiting the 
  1.3             collection of certain data; proposing coding for new 
  1.4             law in Minnesota Statutes, chapter 13. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [13.823] [COLLECTION OF CERTAIN DATA 
  1.7   PROHIBITED.] 
  1.8      Subdivision 1.  [PROHIBITION.] No official, employee, or 
  1.9   agent of any government entity may collect or maintain data 
  1.10  about the political, religious, or social views, associations, 
  1.11  or activities, of any person unless the data directly relates to 
  1.12  a criminal investigation and a judge has determined, applying 
  1.13  the same process applicable to the issuance of a search warrant 
  1.14  in chapter 626, that probable cause exists to suspect the 
  1.15  subject of the data is or may be involved in criminal activity. 
  1.16     Subd. 2.  [VIOLATIONS.] A person who knowingly violates 
  1.17  subdivision 1 shall be liable in a civil action brought by an 
  1.18  injured person to recover damages sustained, together with costs 
  1.19  and disbursements, including reasonable attorney's fees.  The 
  1.20  remedies provided by this subdivision are in addition to the 
  1.21  remedies provided by section 13.08 and any other remedies 
  1.22  provided by law.  A person who violates this section shall also 
  1.23  be subject to the penalties of section 13.09, as well as the 
  1.24  penalties provided by any other law.