HF 2015

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data privacy; regulating the production of 
  1.3             data requested in litigation; amending Minnesota 
  1.4             Statutes 1994, section 13.30. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 13.30, is 
  1.7   amended to read: 
  1.8      13.30 [ATTORNEYS.] 
  1.9      Subdivision 1.  [RESPONSIBILITIES OF GOVERNMENT ATTORNEYS.] 
  1.10  Notwithstanding the provisions of this chapter and section 
  1.11  15.17, the use, collection, storage, and dissemination of data 
  1.12  by an attorney acting in a professional capacity for the state, 
  1.13  a state agency or a political subdivision shall be governed by 
  1.14  statutes, rules, and professional standards concerning 
  1.15  discovery, production of documents, introduction of evidence, 
  1.16  and professional responsibility; provided that this section 
  1.17  shall not be construed to affect the applicability of any 
  1.18  statute, other than this chapter and section 15.17, which 
  1.19  specifically requires or prohibits disclosure of specific 
  1.20  information by the attorney, nor shall this section be construed 
  1.21  to relieve any responsible authority, other than the attorney, 
  1.22  from duties and responsibilities pursuant to this chapter and 
  1.23  section 15.17.  
  1.24     Subd. 2.  [DATA REQUESTED IN LITIGATION.] Data sought by or 
  1.25  on behalf of a party in connection with pending civil, criminal, 
  2.1   or administrative litigation involving a state agency, political 
  2.2   subdivision, or statewide system must be sought through the 
  2.3   discovery methods provided in the forum in which the litigation 
  2.4   is pending.  For the purposes of this subdivision, litigation is 
  2.5   considered pending only if it is actually commenced.  Any 
  2.6   dispute concerning production of not public data is governed by 
  2.7   section 13.03, subdivision 6.  In any other dispute concerning 
  2.8   whether requested data must be provided, the discovery standards 
  2.9   and procedures of the litigation forum apply.  Notwithstanding 
  2.10  the provisions of this subdivision, where the burden on the 
  2.11  state agency, political subdivision, or statewide system to 
  2.12  provide requested data is not substantial, a party or person 
  2.13  acting on behalf of a party may request data under this chapter 
  2.14  in connection with pending litigation, provided that the request 
  2.15  must be directed to the attorney for the agency, subdivision, or 
  2.16  system. 
  2.17     Sec. 2.  [EFFECTIVE DATE.] 
  2.18     Section 1 is effective the day following final enactment 
  2.19  and applies to data requests and litigation pending on or after 
  2.20  that date.