HF 1810

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to government data practices; providing for
treatment of data held by the comprehensive
incident-based reporting system; proposing coding for
new law in Minnesota Statutes, chapter 299C.

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

Section 1.

new text begin [299C.40] COMPREHENSIVE INCIDENT-BASED
REPORTING SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this
subdivision apply to this section.
new text end

new text begin (b) "CIBRS" means the Comprehensive Incident-Based
Reporting System, located in the Department of Public Safety and
managed by the Bureau of Criminal Apprehension, Criminal Justice
Information Systems Section. A reference in this section to
"CIBRS" includes the Bureau of Criminal Apprehension.
new text end

new text begin (c) "Law enforcement agency" means a Minnesota municipal
police department, a Minnesota county sheriff's department, the
Bureau of Criminal Apprehension, or the Minnesota State Patrol.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin CIBRS is a statewide system containing
data from law enforcement agencies. Data in CIBRS must be made
available to law enforcement agencies only for purposes of
criminal investigations being conducted in order to prepare a
case against a person, whether known or unknown, for the
commission of a crime or other offense, or for purposes of
background investigations required by state statute.
new text end

new text begin Subd. 3. new text end

new text begin Data classification; general rule; changes in
classification; audit trail. new text end

new text begin (a) The classification of data in
the law enforcement agency does not change after the data is
submitted to CIBRS.
new text end

new text begin (b) Data on individuals created, collected, received,
maintained, or disseminated by CIBRS is classified as
confidential data on individuals as defined in section 13.02,
subdivision 3, and becomes private data on individuals as
defined in section 13.02, subdivision 12, as provided by this
section.
new text end

new text begin (c) Data not on individuals created, collected, received,
maintained, or disseminated by CIBRS is classified as protected
nonpublic data as defined in section 13.02, subdivision 13, and
becomes nonpublic data as defined in section 13.02, subdivision
9, as provided by this section.
new text end

new text begin (d) Confidential or protected nonpublic data created,
collected, received, maintained, or disseminated by CIBRS must
automatically change classification from confidential data to
private data or from protected nonpublic data to nonpublic data
on the earlier of the following dates:
new text end

new text begin (1) upon receipt by CIBRS of notice from a law enforcement
agency that an investigation has become inactive; or
new text end

new text begin (2) when the data has not been updated by the law
enforcement agency that submitted it for a period of 120 days.
new text end

new text begin (e) For the purposes of this section, an investigation
becomes inactive upon the occurrence of any of the events listed
in section 13.82, subdivision 7, clauses (a) to (c).
new text end

new text begin (f) Ten days before making a data classification change
because data has not been updated, CIBRS must notify the law
enforcement agency that submitted the data that a classification
change will be made on the 120th day. The notification must
inform the law enforcement agency that the data will retain its
classification as confidential or protected nonpublic data if
the law enforcement agency updates the data or notifies CIBRS
that the investigation is still active before the 120th day. A
new 120-day period begins if the data is updated or if a law
enforcement agency notifies CIBRS that an active investigation
is continuing.
new text end

new text begin (g) A law enforcement agency that submits data to CIBRS
must notify CIBRS if an investigation has become inactive so
that the data is classified as private data or nonpublic data.
The law enforcement agency must provide this notice to CIBRS
within ten days after an investigation becomes inactive.
new text end

new text begin (h) All queries and responses and all actions in which data
is submitted to CIBRS, changes classification, or is
disseminated by CIBRS to any law enforcement agency must be
recorded in the CIBRS audit trail.
new text end

new text begin Subd. 4. new text end

new text begin Access to cibrs data by law enforcement agency
personnel. new text end

new text begin Only law enforcement agency personnel with
certification from the Bureau of Criminal Apprehension may
access CIBRS data. Access to CIBRS data by particular law
enforcement agency personnel may be limited through the use of
purpose codes that correspond to the official duties and
training level of the personnel.
new text end

new text begin Subd. 5. new text end

new text begin Access to cibrs data by data subject. new text end

new text begin Upon
request to the Bureau of Criminal Apprehension or to a law
enforcement agency participating in CIBRS an individual shall be
informed whether the individual is the subject of private or
confidential data held by CIBRS. An individual who is the
subject of private data held by CIBRS may obtain access to the
data by making a request to the Bureau of Criminal Apprehension
or to a participating law enforcement agency. Private data
provided to the subject under this subdivision must also include
the name of the law enforcement agency that submitted the data
to CIBRS and the name, telephone number, and address of the
responsible authority of that law enforcement agency.
new text end

new text begin Subd. 6. new text end

new text begin Challenge to completeness and accuracy of data.
new text end

new text begin An individual who is the subject of public or private data held
by CIBRS and who wants to challenge the completeness or accuracy
of the data under section 13.04, subdivision 4, must notify in
writing the responsible authority of the participating law
enforcement agency. A law enforcement agency must notify the
Bureau of Criminal Apprehension when data held by CIBRS is
challenged. The notification must identify the data that was
challenged and the subject of the data. CIBRS must include any
notification received under this paragraph whenever
disseminating data about which no determination has been made.
When the responsible authority of a law enforcement agency
completes, corrects, or destroys successfully challenged data,
the corrected data must be submitted to CIBRS and any future
dissemination must be of the corrected data.
new text end