HF 183

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/15/2014 04:36pm

A bill for an act
relating to data practices; enhancing certain penalties and procedures related
to unauthorized access to data by a public employee; requiring disclosure of
certain data related to use of the CIBRS law enforcement database; amending
Minnesota Statutes 2012, sections 13.05, subdivision 5; 13.055; 13.09; 299C.40,
subdivision 4.

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

Section 1.

Minnesota Statutes 2012, section 13.05, subdivision 5, is amended to read:

Subd. 5.

Data protection.

(a) The responsible authority shall:

(1) establish procedures to assure that all data on individuals is accurate, complete,
and current for the purposes for which it was collected; and

(2) establish appropriate security safeguards for all records containing data on
individuals, including procedures for ensuring that data that are not public are only
accessible to persons whose work assignment reasonably requires access to the data, and
is only being accessed by those persons for purposes described in the procedure; and

(3) develop a policy incorporating these procedures, which may include a model
policy governing access to the data if sharing of the data with other government entities is
authorized by law.

(b) When not public data is being disposed of, the data must be destroyed in a way
that prevents its contents from being determined.

Sec. 2.

Minnesota Statutes 2012, section 13.055, is amended to read:

13.055 STATE AGENCIES; DISCLOSURE OF BREACH IN SECURITY;
NOTIFICATION AND INVESTIGATION REPORT REQUIRED.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given to them.

(a) "Breach of the security of the data" means unauthorized acquisition of data
maintained by a state agency government entity that compromises the security and
classification of the data. Good faith acquisition of or access to government data by an
employee, contractor, or agent of a state agency government entity for the purposes of
the state agency entity is not a breach of the security of the data, if the government data
is not provided to or viewable by an unauthorized person, or accessed for a purpose not
described in the procedures required by section 13.05, subdivision 5. For purposes of this
paragraph, data maintained by a government entity includes data maintained by a person
under a contract with the government entity that provides for the acquisition of or access
to the data by an employee, contractor, or agent of the government entity.

(b) "Contact information" means either name and mailing address or name and
e-mail address for each individual who is the subject of data maintained by the state
agency government entity.

(c) "Unauthorized acquisition" means that a person has obtained, accessed, or viewed
government data without the informed consent of the individuals who are the subjects of the
data or statutory authority and with the intent to use the data for nongovernmental purposes.

(d) "Unauthorized person" means any person who accesses government data without
permission or without a work assignment that reasonably requires the person to have
access to the data, or regardless of the person's work assignment, for a purpose not
described in the procedures required by section 13.05, subdivision 5.

Subd. 2.

Notice to individuals; investigation report.

(a) A state agency
government entity that collects, creates, receives, maintains, or disseminates private or
confidential data on individuals must disclose any breach of the security of the data
following discovery or notification of the breach. Written notification must be made to
any individual who is the subject of the data and whose private or confidential data was, or
is reasonably believed to have been, acquired by an unauthorized person and must inform
the individual that a report will be prepared under paragraph (b), how the individual may
obtain access to the report, and that the individual may request delivery of the report by
mail or e-mail. The disclosure must be made in the most expedient time possible and
without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement
agency as provided in subdivision 3; or (2) any measures necessary to determine the scope
of the breach and restore the reasonable security of the data.

(b) Notwithstanding section 13.15 or 13.37, upon completion of an investigation
into any breach in the security of data and final disposition of any disciplinary action
for purposes of section 13.43, including exhaustion of all rights of appeal under any
applicable collective bargaining agreement, the responsible authority shall prepare a
report on the facts and results of the investigation. If the breach involves unauthorized
access to or acquisition of data by an employee, contractor, or agent of the government
entity, the report must at a minimum include:

(1) a description of the type of data that were accessed or acquired;

(2) the number of individuals whose data was improperly accessed or acquired;

(3) if there has been final disposition of disciplinary action for purposes of section
13.43, the name of each employee determined to be responsible for the unauthorized
access or acquisition, unless the employee was performing duties under chapter 5B; and

(4) the final disposition of any disciplinary action taken against each employee in
response.

Subd. 3.

Delayed notice.

The notification required by this section may be delayed if
a law enforcement agency determines that the notification will impede an active criminal
investigation. The notification required by this section must be made after the law
enforcement agency determines that it will not compromise the investigation.

Subd. 4.

Method of notice.

Notice under this section may be provided by one of
the following methods:

(a) written notice by first class mail to each affected individual;

(b) electronic notice to each affected individual, if the notice provided is consistent
with the provisions regarding electronic records and signatures as set forth in United
States Code, title 15, section 7001; or

(c) substitute notice, if the state agency government entity demonstrates that the cost
of providing the written notice required by paragraph (a) would exceed $250,000, or
that the affected class of individuals to be notified exceeds 500,000, or the state agency
government entity does not have sufficient contact information. Substitute notice consists
of all of the following:

(i) e-mail notice if the state agency government entity has an e-mail address for
the affected individuals;

(ii) conspicuous posting of the notice on the Web site page of the state agency
government entity, if the state agency government entity maintains a Web site; and

(iii) notification to major media outlets that reach the general public within the
government entity's jurisdiction.

Subd. 5.

Coordination with consumer reporting agencies.

If the state agency
government entity discovers circumstances requiring notification under this section of
more than 1,000 individuals at one time, the state agency government entity must also
notify, without unreasonable delay, all consumer reporting agencies that compile and
maintain files on consumers on a nationwide basis, as defined in United States Code, title
15, section 1681a, of the timing, distribution, and content of the notices.

Subd. 6.

Security assessments.

At least annually, each government entity shall
conduct a comprehensive security assessment of any personal information maintained
by the government entity. For the purposes of this subdivision, personal information is
defined under section 325E.61, subdivision 1, paragraphs (e) and (f).

Subd. 7.

Access to data for audit purposes.

Nothing in this section or section
13.05, subdivision 5, restricts access to not public data by the legislative auditor or state
auditor in the performance of official duties.

EFFECTIVE DATE.

This section is effective August 1, 2014, and applies to
security breaches occurring on or after that date.

Sec. 3.

Minnesota Statutes 2012, section 13.09, is amended to read:

13.09 PENALTIES.

(a) Any person who willfully violates the provisions of this chapter or any rules
adopted under this chapter or whose conduct constitutes the knowing unauthorized
acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a
misdemeanor.

(b) Willful violation of this chapter by, including any action subject to a criminal
penalty under paragraph (a), by any public employee constitutes just cause for suspension
without pay or dismissal of the public employee.

EFFECTIVE DATE.

This section is effective August 1, 2014, and applies to crimes
committed on or after that date.

Sec. 4.

Minnesota Statutes 2012, section 299C.40, subdivision 4, is amended to read:

Subd. 4.

Data classification; general rule; changes in classification; audit trail.

(a) The classification of data in the law enforcement agency does not change after the data
is submitted to CIBRS. If CIBRS is the only source of data made public by section 13.82,
subdivisions 2, 3, 6, and 7, data described in those subdivisions must be downloaded and
made available to the public as required by section 13.03.

(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.

(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.

(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:

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

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

(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).

(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.

(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.

(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.

(i) Notwithstanding paragraphs (b) and (c), the name of each law enforcement
agency that submits data to CIBRS, and a general description of the types of data
submitted by the agency, are public.