HF 1957

as introduced - 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 Definition. new text end

new text begin For purposes of this section,
"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 The Comprehensive Incident-Based
Reporting System (CIBRS) is a statewide system in the Department
of Public Safety containing data from law enforcement agencies
managed by the Bureau of Criminal Apprehension, criminal justice
information systems section. 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) Submitting data to CIBRS does
not change the classification of the data in the law enforcement
agency that submitted the data.
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
subdivision.
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 subdivision.
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 on
individuals to private data on individuals 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 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
under this subdivision, 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
agency that the data will retain its classification as
confidential or protected nonpublic data if the agency modifies
the data or notifies CIBRS that the investigation is still
active before the 120th day. A new 120-day period begins
running upon modification of data or notice by a law enforcement
agency to CIBRS that an active investigation is continuing.
new text end

new text begin (g) A law enforcement agency that submits data to the
Bureau of Criminal Apprehension through CIBRS must notify the
Bureau of Criminal Apprehension through CIBRS if an
investigation has become inactive, so that the data is
classified as private data on individuals or nonpublic data.
The law enforcement agency must provide this notice to the
Bureau of Criminal Apprehension through 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, 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 CIBRS or to the law
enforcement agency that submitted the data to CIBRS. When
providing private data to the subject, CIBRS 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 law enforcement agency
that submitted the data to CIBRS. A law enforcement agency must
notify CIBRS when data 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
subdivision 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 disseminated from that time on.
new text end