HF 1232

as introduced - 90th Legislature (2017 - 2018) Posted on 02/15/2017 11:37am

A bill for an act
relating to data practices; amending access to portable recording system data;
amending audit requirements; amending Minnesota Statutes 2016, section 13.825,
subdivisions 7, 9.

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

Section 1.

Minnesota Statutes 2016, section 13.825, 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 portable recording systems
and in maintaining portable recording system data.

(b) The responsible authority for a law enforcement agency must establish written
procedures to ensure that law enforcement personnel have access to the portable recording
system data that are not public 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 the data for a
legitimate, specified law enforcement purpose. based on a reasonable suspicion that the
data are pertinent to an active criminal investigation. Consistent with the requirements of
paragraph (c), each access 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 portable recording
system 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.

Sec. 2.

Minnesota Statutes 2016, section 13.825, subdivision 9, is amended to read:

Subd. 9.

Biennial audit.

(a) A law enforcement agency must maintain records showing
the date and time portable recording system data were collected and the applicable
classification of the data. The law enforcement agency shall arrange for an independent,
biennial audit of the data to determine whether data are appropriately classified according
to this section, how the data are used, and whether the data are destroyed as required under
this section, and to verify compliance with subdivisions 7 and 8. If the governing body with
jurisdiction over the budget of the agency determines commissioner of administration
believes that the agency is not complying with this section or other applicable law, the
governing body commissioner may order a law enforcement agency to arrange for additional
independent audits. Data in the records required under this paragraph are classified as
provided in subdivision 2.

(b) The results of the audit are public, except for data that are otherwise classified under
law. The governing body with jurisdiction over the budget of the law enforcement agency
commissioner of administration shall review the results of the audit. If the governing body
commissioner determines that there is a pattern of substantial noncompliance with this
section by the law enforcement agency, the governing body agency must order that
immediately suspend operation of all portable recording systems be suspended until the
governing body commissioner has authorized the agency to reinstate their use. An order of
suspension under this paragraph may only be made be issued by the commissioner following
review of the results of the audit and review of the applicable provisions of this chapter,
and after providing the agency and members of the public a reasonable opportunity to
respond to the audit's findings in a public meeting.

(c) A report summarizing the results of each audit must be provided to the governing
body with jurisdiction over the budget of the law enforcement agency commissioner of
administration, to the chairs and ranking minority members of the committees of the house
of representatives and the senate with jurisdiction over data practices and public safety
issues, and to the Legislative Commission on Data Practices and Personal Data Privacy no
later than 60 30 days following completion of the audit.