2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to data practices; providing for the 1.3 classification and dissemination of various data; 1.4 making clarifying, conforming, and technical changes; 1.5 amending the CriMNet law; requiring information 1.6 management systems to be in compliance with 1.7 information policy statutes; prescribing legislative 1.8 auditor duties; providing for the classification and 1.9 dissemination of CriMNet data; amending Minnesota 1.10 Statutes 2002, sections 13.02, subdivision 18, by 1.11 adding subdivisions; 13.03, subdivision 4, by adding a 1.12 subdivision; 13.3805, by adding a subdivision; 1.13 13.3806, by adding a subdivision; 13.43, subdivision 1.14 2, by adding a subdivision; 13.44, by adding a 1.15 subdivision; 13.46, subdivisions 1, 7; 13.461, by 1.16 adding a subdivision; 13.47, subdivision 4; 13.51, 1.17 subdivision 2; 13.598, as amended; 13.7931, by adding 1.18 a subdivision; 13.82, subdivisions 5, 24; 13.871, by 1.19 adding a subdivision; 13D.05, subdivision 3; 119B.02, 1.20 subdivision 6; 144.2215; 144.335, subdivision 3a; 1.21 168.346; 169.09, subdivision 13; 171.12, subdivision 1.22 7; 270B.14, subdivision 2; 278.05, subdivision 3; 1.23 299C.10, subdivision 2, by adding a subdivision; 1.24 299C.14; 299C.65, by adding a subdivision; 629.341, 1.25 subdivision 4; Minnesota Statutes 2003 Supplement, 1.26 sections 13.46, subdivision 2; 268.19, subdivisions 1, 1.27 2; 611.272; proposing coding for new law in Minnesota 1.28 Statutes, chapters 13; 15; 84; 144; repealing 1.29 Minnesota Statutes 2002, sections 13.319, subdivision 1.30 7; 13.475. 1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.32 ARTICLE 1 1.33 VARIOUS DATA 1.34 Section 1. Minnesota Statutes 2002, section 13.03, is 1.35 amended by adding a subdivision to read: 1.36 Subd. 12. [LITIGATION DOCUMENTS.] A complaint, answer, and 1.37 other litigation pleadings served by or on a government entity 1.38 are public data to the same extent that the data would be public 2.1 if filed with the court. 2.2 Sec. 2. [13.203] [SERVICE COOPERATIVE CLAIMS DATA.] 2.3 Claims experience and all related information received from 2.4 carriers and claims administrators participating in a group 2.5 health or dental plan, including any long-term disability plan, 2.6 offered through the Minnesota service cooperatives to Minnesota 2.7 school districts and other political subdivisions, and survey 2.8 information collected from employees and employers participating 2.9 in these plans and programs, except when the executive director 2.10 of a Minnesota service cooperative determines that release of 2.11 the data will not be detrimental to the plan or program, are 2.12 classified as nonpublic data not on individuals. 2.13 Sec. 3. Minnesota Statutes 2002, section 13.3805, is 2.14 amended by adding a subdivision to read: 2.15 Subd. 3. [OFFICE OF HEALTH FACILITY COMPLAINTS; 2.16 INVESTIGATIVE DATA.] All investigative data maintained by the 2.17 Department of Health's Office of Health Facility Complaints are 2.18 subject to the provisions of and classified pursuant to section 2.19 626.557, subdivision 12b, paragraphs (b) and (c). 2.20 Sec. 4. Minnesota Statutes 2002, section 13.3806, is 2.21 amended by adding a subdivision to read: 2.22 Subd. 4a. [BIRTH DEFECTS INFORMATION SYSTEM.] Information 2.23 collected for the birth defects information system is governed 2.24 by section 144.2217. 2.25 Sec. 5. Minnesota Statutes 2002, section 13.43, 2.26 subdivision 2, is amended to read: 2.27 Subd. 2. [PUBLIC DATA.] (a) Except for employees described 2.28 in subdivision 5 and the limitations described in subdivision 2.29 5a, the following personnel data on current and former 2.30 employees, volunteers, and independent contractors of a state 2.31 agency, statewide system, or political subdivision and members 2.32 of advisory boards or commissions is public: 2.33 (1) name; employee identification number, which must not be 2.34 the employee's Social Security number; actual gross salary; 2.35 salary range; contract fees; actual gross pension; the value and 2.36 nature of employer paid fringe benefits; and the basis for and 3.1 the amount of any added remuneration, including expense 3.2 reimbursement, in addition to salary; 3.3 (2) job title and bargaining unit; job description; 3.4 education and training background; and previous work experience; 3.5 (3) date of first and last employment; 3.6 (4) the existence and status of any complaints or charges 3.7 against the employee, regardless of whether the complaint or 3.8 charge resulted in a disciplinary action; 3.9 (5) the final disposition of any disciplinary action 3.10 together with the specific reasons for the action and data 3.11 documenting the basis of the action, excluding data that would 3.12 identify confidential sources who are employees of the public 3.13 body; 3.14 (6) the terms of any agreement settling any dispute arising 3.15 out of an employment relationship, including a buyout agreement 3.16 as defined in section 123B.143, subdivision 2, paragraph (a); 3.17 except that the agreement must include specific reasons for the 3.18 agreement if it involves the payment of more than $10,000 of 3.19 public money; 3.20 (7) work location; a work telephone number; badge number; 3.21 and honors and awards received; and 3.22 (8) payroll time sheets or other comparable data that are 3.23 only used to account for employee's work time for payroll 3.24 purposes, except to the extent that release of time sheet data 3.25 would reveal the employee's reasons for the use of sick or other 3.26 medical leave or other not public data; and city and county of3.27residence. 3.28 (b) For purposes of this subdivision, a final disposition 3.29 occurs when the state agency, statewide system, or political 3.30 subdivision makes its final decision about the disciplinary 3.31 action, regardless of the possibility of any later proceedings 3.32 or court proceedings. In the case of arbitration proceedings 3.33 arising under collective bargaining agreements, a final 3.34 disposition occurs at the conclusion of the arbitration 3.35 proceedings, or upon the failure of the employee to elect 3.36 arbitration within the time provided by the collective 4.1 bargaining agreement. Final disposition includes a resignation 4.2 by an individual when the resignation occurs after the final 4.3 decision of the state agency, statewide system, political 4.4 subdivision, or arbitrator. 4.5 (c) The state agency, statewide system, or political 4.6 subdivision may display a photograph of a current or former 4.7 employee to a prospective witness as part of the state agency's, 4.8 statewide system's, or political subdivision's investigation of 4.9 any complaint or charge against the employee. 4.10 (d) A complainant has access to a statement provided by the 4.11 complainant to a state agency, statewide system, or political 4.12 subdivision in connection with a complaint or charge against an 4.13 employee. 4.14 (e) Notwithstanding paragraph (a), clause (5), upon 4.15 completion of an investigation of a complaint or charge against 4.16 a public official, or if a public official resigns or is 4.17 terminated from employment while the complaint or charge is 4.18 pending, all data relating to the complaint or charge are 4.19 public, unless access to the data would jeopardize an active 4.20 investigation or reveal confidential sources. For purposes of 4.21 this paragraph, "public official" means: 4.22 (1) the head of a state agency and deputy and assistant 4.23 state agency heads; 4.24 (2) members of boards or commissions required by law to be 4.25 appointed by the governor or other elective officers; and 4.26 (3) executive or administrative heads of departments, 4.27 bureaus, divisions, or institutions. 4.28 Sec. 6. Minnesota Statutes 2002, section 13.43, is amended 4.29 by adding a subdivision to read: 4.30 Subd. 5a. [LIMITATION ON DISCLOSURE OF CERTAIN PERSONNEL 4.31 DATA.] Notwithstanding any other provision of this section, the 4.32 following data relating to employees of a secure treatment 4.33 facility defined in section 253B.02, subdivision 18a, employees 4.34 of a state correctional facility, or employees of the Department 4.35 of Corrections directly involved in supervision of offenders in 4.36 the community, shall not be disclosed to facility patients, 5.1 corrections inmates, or other individuals whom facility or 5.2 correction administrators reasonably believe will use the 5.3 information to harass, intimidate, or assault any such 5.4 employees: place where previous education or training occurred; 5.5 place of prior employment; and payroll timesheets or other 5.6 comparable data, to the extent that payroll timesheets or other 5.7 comparable data may disclose: future work assignments, home 5.8 address or telephone number, the location of employees during 5.9 nonwork hours, or the location of employees' immediate family 5.10 members. 5.11 Sec. 7. Minnesota Statutes 2002, section 13.44, is amended 5.12 by adding a subdivision to read: 5.13 Subd. 4. [PERSONAL AND INTANGIBLE PROPERTY; APPRAISAL 5.14 DATA.] Preliminary and final market value appraisals, which are 5.15 made by personnel of a city or county or by an independent 5.16 appraiser acting on behalf of a city or county, of personal and 5.17 intangible property owned by the city or county, are classified 5.18 as nonpublic data not on individuals until either (1) a purchase 5.19 agreement is entered into; or (2) the parties negotiating the 5.20 transaction exchange appraisals. 5.21 Sec. 8. Minnesota Statutes 2002, section 13.46, 5.22 subdivision 1, is amended to read: 5.23 Subdivision 1. [DEFINITIONS.] As used in this section: 5.24 (a) "Individual" means an individual according to section 5.25 13.02, subdivision 8, but does not include a vendor of services. 5.26 (b) "Program" includes all programs for which authority is 5.27 vested in a component of the welfare system according to statute 5.28 or federal law, including, but not limited to, the aid to 5.29 families with dependent children program formerly codified in 5.30 sections 256.72 to 256.87, Minnesota family investment program, 5.31 temporary assistance for needy families program, medical 5.32 assistance, general assistance, general assistance medical care, 5.33 child care assistance program, and child support collections. 5.34 (c) "Welfare system" includes the Department of Human 5.35 Services, local social services agencies, county welfare 5.36 agencies, private licensing agencies, the public authority 6.1 responsible for child support enforcement, human services 6.2 boards, community mental health center boards, state hospitals, 6.3 state nursing homes, the ombudsman for mental health and mental 6.4 retardation, and persons, agencies, institutions, organizations, 6.5 and other entities under contract to any of the above agencies 6.6 to the extent specified in the contract. 6.7 (d) "Mental health data" means data on individual clients 6.8 and patients of community mental health centers, established 6.9 under section 245.62, mental health divisions of counties and 6.10 other providers under contract to deliver mental health 6.11 services, or the ombudsman for mental health and mental 6.12 retardation. 6.13 (e) "Fugitive felon" means a person who has been convicted 6.14 of a felony and who has escaped from confinement or violated the 6.15 terms of probation or parole for that offense. 6.16 (f) "Private licensing agency" means an agency licensed by 6.17 the commissioner of human services under chapter 245A to perform 6.18 the duties under section 245A.16. 6.19 Sec. 9. Minnesota Statutes 2003 Supplement, section 13.46, 6.20 subdivision 2, is amended to read: 6.21 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 6.22 a statute specifically provides a different classification, data 6.23 on individuals collected, maintained, used, or disseminated by 6.24 the welfare system is private data on individuals, and shall not 6.25 be disclosed except: 6.26 (1) according to section 13.05; 6.27 (2) according to court order; 6.28 (3) according to a statute specifically authorizing access 6.29 to the private data; 6.30 (4) to an agent of the welfare system, including a law 6.31 enforcement person, attorney, or investigator acting for it in 6.32 the investigation or prosecution of a criminal or civil 6.33 proceeding relating to the administration of a program; 6.34 (5) to personnel of the welfare system who require the data 6.35 to verify an individual's identity; determine eligibility, 6.36 amount of assistance, and the need to provide servicesof7.1additional programstothean individual or family across 7.2 programs; evaluate the effectiveness of programs; and 7.3 investigate suspected fraud; 7.4 (6) to administer federal funds or programs; 7.5 (7) between personnel of the welfare system working in the 7.6 same program; 7.7 (8)the amounts of cash public assistance and relief paid7.8to welfare recipients in this state, includingto the Department 7.9 of Revenue to administer and evaluate tax refund or tax credit 7.10 programs and to identify individuals who may benefit from these 7.11 programs. The following information may be disclosed under this 7.12 clause: an individual's and their dependent's names, dates of 7.13 birth, Social Security numbers, income, addresses, and other 7.14 data as required, upon request by the Department of Revenueto7.15administer the property tax refund law, supplemental housing7.16allowance, early refund of refundable tax credits, and the7.17income tax."Refundable tax credits" meansDisclosures by the 7.18 commissioner of revenue to the commissioner of human services 7.19 for the purposes described in this paragraph are governed by 7.20 section 270B.14, subdivision 1. Tax refund or tax credit 7.21 programs include, but are not limited to, the dependent care 7.22 credit under section 290.067, the Minnesota working family 7.23 credit under section 290.0671, the property tax refund and 7.24 rental credit under section 290A.04, and, if the required7.25federal waiver or waivers are granted, the federal earned income7.26tax credit under section 32 of the Internal Revenue Codethe 7.27 Minnesota education credit under section 290.0674; 7.28 (9) between the Department of Human Services, the 7.29 Department of Education, and the Department of Employment and 7.30 EconomicSecurityDevelopment for the purpose of monitoring the 7.31 eligibility of the data subject for unemployment benefits, for 7.32 any employment or training program administered, supervised, or 7.33 certified by that agency, for the purpose of administering any 7.34 rehabilitation program or child care assistance program, whether 7.35 alone or in conjunction with the welfare system, or to monitor 7.36 and evaluate the Minnesota family investment program by 8.1 exchanging data on recipients and former recipients of food 8.2 support, cash assistance under chapter 256, 256D, 256J, or 256K, 8.3 child care assistance under chapter 119B, or medical programs 8.4 under chapter 256B, 256D, or 256L; 8.5 (10) to appropriate parties in connection with an emergency 8.6 if knowledge of the information is necessary to protect the 8.7 health or safety of the individual or other individuals or 8.8 persons; 8.9 (11) data maintained by residential programs as defined in 8.10 section 245A.02 may be disclosed to the protection and advocacy 8.11 system established in this state according to Part C of Public 8.12 Law 98-527 to protect the legal and human rights of persons with 8.13 mental retardation or other related conditions who live in 8.14 residential facilities for these persons if the protection and 8.15 advocacy system receives a complaint by or on behalf of that 8.16 person and the person does not have a legal guardian or the 8.17 state or a designee of the state is the legal guardian of the 8.18 person; 8.19 (12) to the county medical examiner or the county coroner 8.20 for identifying or locating relatives or friends of a deceased 8.21 person; 8.22 (13) data on a child support obligor who makes payments to 8.23 the public agency may be disclosed to the Higher Education 8.24 Services Office to the extent necessary to determine eligibility 8.25 under section 136A.121, subdivision 2, clause (5); 8.26 (14) participant Social Security numbers and names 8.27 collected by the telephone assistance program may be disclosed 8.28 to the Department of Revenue to conduct an electronic data match 8.29 with the property tax refund database to determine eligibility 8.30 under section 237.70, subdivision 4a; 8.31 (15) the current address of a Minnesota family investment 8.32 program participant may be disclosed to law enforcement officers 8.33 who provide the name of the participant and notify the agency 8.34 that: 8.35 (i) the participant: 8.36 (A) is a fugitive felon fleeing to avoid prosecution, or 9.1 custody or confinement after conviction, for a crime or attempt 9.2 to commit a crime that is a felony under the laws of the 9.3 jurisdiction from which the individual is fleeing; or 9.4 (B) is violating a condition of probation or parole imposed 9.5 under state or federal law; 9.6 (ii) the location or apprehension of the felon is within 9.7 the law enforcement officer's official duties; and 9.8 (iii) the request is made in writing and in the proper 9.9 exercise of those duties; 9.10 (16) the current address of a recipient of general 9.11 assistance or general assistance medical care may be disclosed 9.12 to probation officers and corrections agents who are supervising 9.13 the recipient and to law enforcement officers who are 9.14 investigating the recipient in connection with a felony level 9.15 offense; 9.16 (17) information obtained from food support applicant or 9.17 recipient households may be disclosed to local, state, or 9.18 federal law enforcement officials, upon their written request, 9.19 for the purpose of investigating an alleged violation of the 9.20 Food Stamp Act, according to Code of Federal Regulations, title 9.21 7, section 272.1(c); 9.22 (18) the address, Social Security number, and, if 9.23 available, photograph of any member of a household receiving 9.24 food support shall be made available, on request, to a local, 9.25 state, or federal law enforcement officer if the officer 9.26 furnishes the agency with the name of the member and notifies 9.27 the agency that: 9.28 (i) the member: 9.29 (A) is fleeing to avoid prosecution, or custody or 9.30 confinement after conviction, for a crime or attempt to commit a 9.31 crime that is a felony in the jurisdiction the member is 9.32 fleeing; 9.33 (B) is violating a condition of probation or parole imposed 9.34 under state or federal law; or 9.35 (C) has information that is necessary for the officer to 9.36 conduct an official duty related to conduct described in subitem 10.1 (A) or (B); 10.2 (ii) locating or apprehending the member is within the 10.3 officer's official duties; and 10.4 (iii) the request is made in writing and in the proper 10.5 exercise of the officer's official duty; 10.6 (19) the current address of a recipient of Minnesota family 10.7 investment program, general assistance, general assistance 10.8 medical care, or food support may be disclosed to law 10.9 enforcement officers who, in writing, provide the name of the 10.10 recipient and notify the agency that the recipient is a person 10.11 required to register under section 243.166, but is not residing 10.12 at the address at which the recipient is registered under 10.13 section 243.166; 10.14 (20) certain information regarding child support obligors 10.15 who are in arrears may be made public according to section 10.16 518.575; 10.17 (21) data on child support payments made by a child support 10.18 obligor and data on the distribution of those payments excluding 10.19 identifying information on obligees may be disclosed to all 10.20 obligees to whom the obligor owes support, and data on the 10.21 enforcement actions undertaken by the public authority, the 10.22 status of those actions, and data on the income of the obligor 10.23 or obligee may be disclosed to the other party; 10.24 (22) data in the work reporting system may be disclosed 10.25 under section 256.998, subdivision 7; 10.26 (23) to the Department of Education for the purpose of 10.27 matching Department of Education student data with public 10.28 assistance data to determine students eligible for free and 10.29 reduced price meals, meal supplements, and free milk according 10.30 to United States Code, title 42, sections 1758, 1761, 1766, 10.31 1766a, 1772, and 1773; to allocate federal and state funds that 10.32 are distributed based on income of the student's family; and to 10.33 verify receipt of energy assistance for the telephone assistance 10.34 plan; 10.35 (24) the current address and telephone number of program 10.36 recipients and emergency contacts may be released to the 11.1 commissioner of health or a local board of health as defined in 11.2 section 145A.02, subdivision 2, when the commissioner or local 11.3 board of health has reason to believe that a program recipient 11.4 is a disease case, carrier, suspect case, or at risk of illness, 11.5 and the data are necessary to locate the person; 11.6 (25) to other state agencies, statewide systems, and 11.7 political subdivisions of this state, including the attorney 11.8 general, and agencies of other states, interstate information 11.9 networks, federal agencies, and other entities as required by 11.10 federal regulation or law for the administration of the child 11.11 support enforcement program; 11.12 (26) to personnel of public assistance programs as defined 11.13 in section 256.741, for access to the child support system 11.14 database for the purpose of administration, including monitoring 11.15 and evaluation of those public assistance programs; 11.16 (27) to monitor and evaluate the Minnesota family 11.17 investment program by exchanging data between the Departments of 11.18 Human Services and Education, on recipients and former 11.19 recipients of food support, cash assistance under chapter 256, 11.20 256D, 256J, or 256K, child care assistance under chapter 119B, 11.21 or medical programs under chapter 256B, 256D, or 256L; 11.22 (28) to evaluate child support program performance and to 11.23 identify and prevent fraud in the child support program by 11.24 exchanging data between the Department of Human Services, 11.25 Department of Revenue under section 270B.14, subdivision 1, 11.26 paragraphs (a) and (b), without regard to the limitation of use 11.27 in paragraph (c), Department of Health, Department of Economic 11.28 Security, and other state agencies as is reasonably necessary to 11.29 perform these functions; or 11.30 (29) counties operating child care assistance programs 11.31 under chapter 119B may disseminate data on program participants, 11.32 applicants, and providers to the commissioner of education. 11.33 (b) Information on persons who have been treated for drug 11.34 or alcohol abuse may only be disclosed according to the 11.35 requirements of Code of Federal Regulations, title 42, sections 11.36 2.1 to 2.67. 12.1 (c) Data provided to law enforcement agencies under 12.2 paragraph (a), clause (15), (16), (17), or (18), or paragraph 12.3 (b), are investigative data and are confidential or protected 12.4 nonpublic while the investigation is active. The data are 12.5 private after the investigation becomes inactive under section 12.6 13.82, subdivision 5, paragraph (a) or (b). 12.7 (d) Mental health data shall be treated as provided in 12.8 subdivisions 7, 8, and 9, but is not subject to the access 12.9 provisions of subdivision 10, paragraph (b). 12.10 For the purposes of this subdivision, a request will be 12.11 deemed to be made in writing if made through a computer 12.12 interface system. 12.13 Sec. 10. Minnesota Statutes 2002, section 13.46, 12.14 subdivision 7, is amended to read: 12.15 Subd. 7. [MENTAL HEALTH CENTER DATA.] (a) Mental health 12.16 data are private data on individuals and shall not be disclosed, 12.17 except: 12.18 (1) pursuant to section 13.05, as determined by the 12.19 responsible authority for the community mental health center, 12.20 mental health division, or provider; 12.21 (2) pursuant to court order; 12.22 (3) pursuant to a statute specifically authorizing access 12.23 to or disclosure of mental health data or as otherwise provided 12.24 by this subdivision; or 12.25 (4) with the consent of the client or patient. 12.26 (b) An agency of the welfare system may not require an 12.27 individual to consent to the release of mental health data as a 12.28 condition for receiving services or for reimbursing a community 12.29 mental health center, mental health division of a county, or 12.30 provider under contract to deliver mental health services. 12.31 (c) Notwithstanding section 245.69, subdivision 2, 12.32 paragraph (f), or any other law to the contrary, the responsible 12.33 authority for a community mental health center, mental health 12.34 division of a county, or a mental health provider may disclose 12.35 mental health data to a law enforcement agency if the law 12.36 enforcement agency provides the name of a client or patient and 13.1 communicates that the: 13.2 (1) client or patient is currently involved in an emergency 13.3 interaction with the law enforcement agency; and 13.4 (2) data is necessary to protect the health or safety of 13.5 the client or patient or of another person. 13.6 The scope of disclosure under this paragraph is limited to 13.7 the minimum necessary for law enforcement to respond to the 13.8 emergency. Disclosure under this paragraph may include, but is 13.9 not limited to, the name and telephone number of the 13.10 psychiatrist, psychologist, therapist, mental health 13.11 professional, practitioner, or case manager of the client or 13.12 patient. A law enforcement agency that obtains mental health 13.13 data under this paragraph shall maintain a record of the 13.14 requestor, the provider of the information, and the client or 13.15 patient name. Any mental health data obtained by the law 13.16 enforcement agency pursuant to this subdivision is private data 13.17 on individuals and may not be used by the law enforcement agency 13.18 for any other purpose. A law enforcement agency that obtains 13.19 mental health data under this paragraph shall inform the subject 13.20 of the data that mental health data was obtained. 13.21 (d) In the event of a request under paragraph (a), clause 13.22 (4), a community mental health center, county mental health 13.23 division, or provider must release mental health data to 13.24 criminal mental health court personnel if they communicate that 13.25 the: 13.26 (1) client or patient is a defendant in a criminal case 13.27 pending in the district court; 13.28 (2) data being requested is limited to information that is 13.29 necessary to assess whether the defendant is eligible for 13.30 participation in the criminal mental health court; and 13.31 (3) client or patient has consented to the release of the 13.32 mental health data and a copy of the consent will be provided to 13.33 the community mental health center, county mental health 13.34 division, or provider within 72 hours of the release of the data. 13.35 For purposes of this paragraph, "criminal mental health 13.36 court" refers to a specialty criminal calendar of the Hennepin 14.1 County District Court for defendants with mental illness and 14.2 brain injury where a primary goal of the calendar is to assess 14.3 the treatment needs of the defendants and to incorporate those 14.4 treatment needs into voluntary case disposition plans. The data 14.5 relayed pursuant to this paragraph may be used for the sole 14.6 purpose of determining whether the person is eligible for 14.7 participation in mental health court. This paragraph does not 14.8 in any way limit or otherwise extend the rights of the court to 14.9 obtain the release of mental health data pursuant to court order 14.10 or any other means allowed by law. 14.11 Sec. 11. Minnesota Statutes 2002, section 13.461, is 14.12 amended by adding a subdivision to read: 14.13 Subd. 28. [CHILD CARE ASSISTANCE PROGRAM.] Data collected, 14.14 maintained, used, or disseminated by the welfare system 14.15 pertaining to persons selected as legal nonlicensed child care 14.16 providers by families receiving child care assistance are 14.17 classified under section 119B.02, subdivision 6. 14.18 Sec. 12. Minnesota Statutes 2002, section 13.47, 14.19 subdivision 4, is amended to read: 14.20 Subd. 4. [DATA PREPARATION.] To produce data required to 14.21 certify the eligibility of training service providers under 14.22section 268.0122, subdivision 3, clause (7),the Workforce 14.23 Investment Act of 1998, United States Code, title 29, section 14.24 2801, or other studies required by law, the commissioner of 14.25economic security, in consultation with the governor's Workforce14.26Development Council,employment and economic development may:14.27(1)enter into a data exchange agreement with a training 14.28 service provider whereby the commissioner ofeconomic14.29securityemployment and economic development shall furnish to 14.30 the provider wage information under section 268.044 on 14.31 individuals who have received training services from the 14.32 provider. The provider shall use this wage information to 14.33 prepare summary data determined necessary by the commissionerin14.34consultation with the governor's Workforce Development Council. 14.35 The provider may use this wage information for conducting 14.36 studies to improve instruction; or15.1(2) if there is no agreement under clause (1), require the15.2training service provider to furnish employment and training15.3data determined necessary by the commissioner in consultation15.4with the governor's Workforce Development Council. 15.5 Sec. 13. Minnesota Statutes 2002, section 13.51, 15.6 subdivision 2, is amended to read: 15.7 Subd. 2. [INCOME PROPERTY ASSESSMENT DATA.] The following 15.8 data collected by political subdivisions from individuals or 15.9 business entities concerning income properties are classified as 15.10 private or nonpublic data pursuant to section 13.02, 15.11 subdivisions 9 and 12: 15.12 (a) detailed income and expense figuresfor the current15.13year plus the previous three years; 15.14 (b) average vacancy factorsfor the previous three years; 15.15 (c) verified net rentable areas or net usable areas, 15.16 whichever is appropriate; 15.17 (d) anticipated income and expensesfor the current year; 15.18 (e) projected vacancyfactor for the current yearfactors; 15.19 and 15.20 (f) lease information. 15.21 Sec. 14. Minnesota Statutes 2002, section 13.598, as 15.22 amended by Laws 2003, First Special Session chapter 4, section 15.23 1, is amended to read: 15.24 13.598 [EMPLOYMENT AND ECONOMIC DEVELOPMENT DATA CODED 15.25 ELSEWHERE.] 15.26 Subdivision 1. [SCOPE.] The sections referred to in 15.27 subdivisions22a to612 are codified outside this chapter and 15.28 include classification of employment and economic development 15.29 data as other than public, place restrictions on access to 15.30 government data, or involve data sharing. 15.31 Subd. 2a. [COMMISSIONER OF EMPLOYMENT AND ECONOMIC 15.32 DEVELOPMENT.] Data maintained by the commissioner of employment 15.33 and economic development are classified under sections 268.19 15.34 and 469.154, subdivision 2. 15.35 Subd. 3. [MINNESOTA TECHNOLOGY, INC.] Data on a tape of a 15.36 closed board meeting of Minnesota Technology, Inc. are 16.1 classified under section 116O.03, subdivision 6. Certain data 16.2 disclosed to the board or employees of Minnesota Technology, 16.3 Inc. are classified under section 116O.03, subdivision 7. 16.4 Subd. 4. [AIRCRAFT FACILITIES.] Specified data about an 16.5 airline submitted in connection with state financing of certain 16.6 aircraft maintenance facilities are classified under section 16.7 116R.02, subdivision 3. 16.8 Subd. 5. [MINNESOTA BUSINESS FINANCE, INC.] Various data 16.9 held by Minnesota Business Finance, Inc. are classified under 16.10 section 116S.02, subdivision 8. 16.11 Subd. 6. [LOCAL ECONOMIC DEVELOPMENT DATA.] (a) [ 16.12 PRELIMINARY INFORMATION.] Access to preliminary information 16.13 submitted to the commissioner of employment and economic 16.14 development under sections 469.142 to 469.151 or sections 16.15 469.152 to 469.165 is limited under section 469.154, subdivision 16.16 2. 16.17 (b) [ENTERPRISE ZONES.] Data sharing between the 16.18 commissioner of revenue and the commissioner of employment and 16.19 economic development or a municipality receiving an enterprise 16.20 zone designation is governed by section 469.173, subdivision 5. 16.21 (c) [TAX INCENTIVES.] Disclosure of data by the Department 16.22 of Revenue to determine eligibility for tax incentives available 16.23 under section 272.0212, 469.1732, or 469.1734, is governed by 16.24 section 469.1733, subdivision 1. 16.25 Subd. 7. [PROGRAM DATA.] Program data collected on 16.26 individuals are classified by section 268.0122, subdivision 7. 16.27 Subd. 8. [UNEMPLOYMENT INSURANCE HEARINGS.] Disclosure of 16.28 unemployment insurance hearing data is governed by section 16.29 268.105, subdivision 5. 16.30 Subd. 9. [MINNESOTA YOUTH PROGRAM.] Data on individuals 16.31 under the Minnesota youth program are classified under section 16.32 268.561, subdivision 7. 16.33 Subd. 10. [EMPLOYMENT AND TRAINING PROGRAMS; DATA 16.34 SHARING.] Data sharing of employment and training program data 16.35 between the commissioner of employment and economic development, 16.36 the commissioner of human services, state agency personnel, and 17.1 other users of the inventory, referral, and intake system, is 17.2 governed by section 268.86, subdivision 10. 17.3 Subd. 11. [VOCATIONAL REHABILITATION DATA.] Disclosure of 17.4 data obtained by the Department of Employment and Economic 17.5 Development regarding the vocational rehabilitation of an 17.6 injured or disabled employee is governed by section 268A.05. 17.7 Subd. 12. [EMPLOYER DATA.] The department may disseminate 17.8 an employer's name, address, industry code, and the number of 17.9 employees by ranges of not less than 100 for the purpose of 17.10 assisting individuals using the Minnesota Workforce Center 17.11 system in obtaining employment. 17.12 Sec. 15. Minnesota Statutes 2002, section 13.7931, is 17.13 amended by adding a subdivision to read: 17.14 Subd. 1a. [SPECIFIC LOCATION DATA.] Specific location data 17.15 are classified under section 84.0872. 17.16 Sec. 16. Minnesota Statutes 2002, section 13.82, 17.17 subdivision 5, is amended to read: 17.18 Subd. 5. [DOMESTIC ABUSE DATA.] The written police report 17.19 required by section 629.341, subdivision 4, of an alleged 17.20 incident described in section 629.341, subdivision 1, and arrest 17.21 data, request for service data, and response or incident data 17.22 described in subdivision 2, 3, or 6 that arise out of this type 17.23 of incident or out of an alleged violation of an order for 17.24 protection must be released upon request at no cost to the 17.25 victim of domestic abuse, the victim's attorney, or an 17.26 organization designated by the Minnesota Center for Crime 17.27 Victims Services, the Department of Corrections, or the 17.28 Department of Public Safety as providing services to victims of 17.29 domestic abuse. The executive director or the commissioner of 17.30 the appropriate state agency shall develop written criteria for 17.31 this designation in consultation with the Advisory Council on 17.32 Battered Women and Domestic Abuse. 17.33 Sec. 17. Minnesota Statutes 2002, section 13.871, is 17.34 amended by adding a subdivision to read: 17.35 Subd. 1a. [MENTAL HEALTH DATA RECEIVED BY LAW 17.36 ENFORCEMENT.] Access to a record of certain mental health data 18.1 received by law enforcement from health care providers is 18.2 governed by section 144.335, subdivision 3a. 18.3 Sec. 18. Minnesota Statutes 2002, section 13D.05, 18.4 subdivision 3, is amended to read: 18.5 Subd. 3. [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 18.6 may close a meeting to evaluate the performance of an individual 18.7 who is subject to its authority. The public body shall identify 18.8 the individual to be evaluated prior to closing a meeting. At 18.9 its next open meeting, the public body shall summarize its 18.10 conclusions regarding the evaluation. A meeting must be open at 18.11 the request of the individual who is the subject of the meeting. 18.12 (b) Meetings may be closed if the closure is expressly 18.13 authorized by statute or permitted by the attorney-client 18.14 privilege. 18.15 (c) Meetings may be closed to receive security briefings 18.16 and reports, to discuss issues related to security systems, to 18.17 discuss emergency response procedures and to discuss security 18.18 deficiencies in or recommendations regarding public services, 18.19 infrastructure and facilities, if disclosure of the information 18.20 discussed would pose a danger to public safety or compromise 18.21 security procedures or responses. Financial issues related to 18.22 security matters must be discussed and all related financial 18.23 decisions must be made at an open meeting. Before closing a 18.24 meeting under this paragraph, the public body, in describing the 18.25 subject to be discussed, must refer to the facilities, systems, 18.26 procedures, services, or infrastructures to be considered during 18.27 the closed meeting. A closed meeting must be tape recorded at 18.28 the expense of the governing body. 18.29 [EFFECTIVE DATE.] This section is effective the day 18.30 following final enactment. 18.31 Sec. 19. [15.175] [CERTAIN EMPLOYEE RECORDS.] 18.32 Data, records, files, and all written or electronic 18.33 materials of, or relating to, a state employee who is 18.34 involuntarily terminated from employment with a state agency 18.35 must be preserved for a period of at least three years after the 18.36 employee's termination from employment, or a longer period as 19.1 required under section 138.17. A state agency that 19.2 intentionally destroys, shreds, or alters data, records, files, 19.3 or materials in violation of this requirement is liable to the 19.4 employee for damages resulting from that violation, plus costs 19.5 and reasonable attorney fees incurred by the employee in 19.6 enforcing the employee's rights under this section. 19.7 Sec. 20. [84.0872] [SPECIFIC LOCATION DATA.] 19.8 Subdivision 1. [DEFINITION; GENERAL CLASSIFICATION.] As 19.9 used in this section, "specific location data" means data that 19.10 would enable persons to locate the protected wild animal or 19.11 endangered, threatened, or special concern plant or animal 19.12 identified by the data. Specific location data are public data 19.13 unless otherwise classified in this section. 19.14 Subd. 2. [NONPUBLIC DATA.] Specific location data procured 19.15 by the Department of Natural Resources that identify protected 19.16 wild animals, as defined under section 97A.015, subdivision 39, 19.17 or species that are designated endangered, threatened, or of 19.18 special concern under section 84.0895, subdivision 3, are 19.19 classified as nonpublic data if disclosure is likely to: 19.20 (1) hinder management, propagation, or research; 19.21 (2) facilitate unfair chase or illegal taking, transport, 19.22 or sale; or 19.23 (3) decrease the likelihood of establishing a protected 19.24 wild animal or bringing an endangered, threatened, or special 19.25 concern species to a point at which it is no longer endangered, 19.26 threatened, or of special concern. 19.27 The commissioner upon request shall explain the basis for 19.28 classifying specific location data as nonpublic data. 19.29 Subd. 3. [DISCLOSURE.] The commissioner may disclose data 19.30 classified as nonpublic under subdivision 2 to a person, an 19.31 agency, or the public if the commissioner determines that the 19.32 disclosure will promote public benefit by: 19.33 (1) aiding the environmental review process; 19.34 (2) aiding research, education, or conservation planning; 19.35 or 19.36 (3) providing information to landowners about locations 20.1 occurring on the landowners' property, if provision of the 20.2 information will promote protection of the resource. 20.3 Sec. 21. Minnesota Statutes 2002, section 119B.02, 20.4 subdivision 6, is amended to read: 20.5 Subd. 6. [DATA.]Data on individuals collected by the20.6commissioner for purposes of administering this chapter are20.7private data on individuals as defined in section 13.02.Data 20.8 collected, maintained, used, or disseminated by the welfare 20.9 system pertaining to persons selected as legal nonlicensed child 20.10 care providers by families receiving child care assistance shall 20.11 be treated as licensing data as provided in section 13.46, 20.12 subdivision 4. 20.13 Sec. 22. Minnesota Statutes 2002, section 144.2215, is 20.14 amended to read: 20.15 144.2215 [MINNESOTA BIRTH DEFECTSREGISTRYINFORMATION 20.16 SYSTEM.] 20.17 Subdivision 1. [ESTABLISHMENT.] The commissioner of health 20.18 shalldevelop a statewide birth defects registry system to20.19provide for the collection, analysis, and dissemination of birth20.20defects informationestablish and maintain an information system 20.21 containing data on the cause, treatment, prevention, and cure of 20.22 major birth defects. The commissioner shall consult with 20.23 representatives and experts in epidemiology, medicine, 20.24 insurance, health maintenance organizations, genetics, 20.25 consumers, and voluntary organizations in developing the system 20.26 and may phase in the implementation of the system. 20.27 Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner of 20.28 health shall design a system that allows the commissioner to: 20.29 (1) monitor incidence trends of birth defects to detect 20.30 potential public health problems, predict risks, and assist in 20.31 responding to birth defects clusters; 20.32 (2) more accurately target intervention, prevention, and 20.33 services for communities, patients, and their families; 20.34 (3) inform health professionals and citizens of the 20.35 prevalence of and risks for birth defects; 20.36 (4) conduct scientific investigation and surveys of the 21.1 causes, mortality, methods of treatment, prevention, and cure 21.2 for birth defects; 21.3 (5) modify, as necessary, the birth defects information 21.4 system through demonstration projects; 21.5 (6) remove identifying information about a child whose 21.6 parent or legal guardian has chosen not to participate in the 21.7 system as permitted by section 144.2216, subdivision 4; 21.8 (7) protect the individually identifiable information as 21.9 required by section 144.2217; 21.10 (8) limit the dissemination of identifying information as 21.11 required by sections 144.2218 and 144.2219; and 21.12 (9) use the birth defects coding scheme defined by the 21.13 Centers for Disease Control and Prevention (CDC) of the United 21.14 States Public Health Service. 21.15 Sec. 23. [144.2216] [BIRTH DEFECTS RECORDS AND REPORTS 21.16 REQUIRED.] 21.17 Subdivision 1. [HOSPITALS AND SIMILAR INSTITUTIONS.] With 21.18 the informed consent of a parent or guardian, a hospital, 21.19 medical clinic, medical laboratory, or other institution for the 21.20 hospitalization, clinical or laboratory diagnosis, or care of 21.21 human beings shall provide the commissioner of health with 21.22 access to information on each birth defect case in the manner 21.23 and at the times that the commissioner designates. 21.24 Subd. 2. [OTHER INFORMATION REPOSITORIES.] With the 21.25 informed consent of a parent or guardian, other repositories of 21.26 information on the diagnosis or care of infants may provide the 21.27 commissioner with access to information on each case of birth 21.28 defects in the manner and at the times that the commissioner 21.29 designates. 21.30 Subd. 3. [REPORTING WITHOUT LIABILITY.] Furnishing 21.31 information in good faith in compliance with this section does 21.32 not subject the person, hospital, medical clinic, medical 21.33 laboratory, data repository, or other institution furnishing the 21.34 information to any action for damages or relief. 21.35 Subd. 4. [OPT OUT.] A parent or legal guardian must be 21.36 informed by the commissioner at the time of the initial data 22.1 collection that they may request removal at any time of personal 22.2 identifying information concerning a child from the birth 22.3 defects information system using a written form prescribed by 22.4 the commissioner. The commissioner shall advise parents or 22.5 legal guardians of infants: 22.6 (1) that the information on birth defects may be retained 22.7 by the Department of Health; 22.8 (2) the benefit of retaining birth defects records; 22.9 (3) that they may elect to have the birth defects 22.10 information collected once, within one year of birth, but to 22.11 require that all personally identifying information be destroyed 22.12 immediately upon the commissioner receiving the information. 22.13 If the parents of an infant object in writing to the maintaining 22.14 of birth defects information, the objection or election shall be 22.15 recorded on a form that is signed by a parent or legal guardian 22.16 and submitted to the commissioner of health; and 22.17 (4) that if the parent or legal guardian chooses to 22.18 opt-out, the commissioner will not be able to inform the parent 22.19 or legal guardian of a child of information related to the 22.20 prevention, treatment, or cause of a particular birth defect. 22.21 Sec. 24. [144.2217] [CLASSIFICATION OF BIRTH DEFECTS 22.22 INFORMATION.] 22.23 Information collected on individuals for the birth defects 22.24 information system are private data on individuals as defined in 22.25 section 13.02, subdivision 12, and may only be used for the 22.26 purposes in sections 144.2215 to 144.2219. Any disclosure other 22.27 than one provided for in sections 144.2215 to 144.2219 is a 22.28 misdemeanor. 22.29 Sec. 25. [144.2218] [TRANSFERS OF INFORMATION TO OTHER 22.30 GOVERNMENT AGENCIES.] 22.31 Information collected by the birth defects information 22.32 system may be disseminated to a state or local government agency 22.33 in Minnesota or another state solely for purposes consistent 22.34 with sections 144.2215 to 144.2219, provided that the state or 22.35 local government agency agrees to maintain the classification of 22.36 the information as provided under section 144.2217. Information 23.1 collected by other states consistent with sections 144.2215 to 23.2 144.2219 may be received by the commissioner of health and must 23.3 be maintained according to section 144.2217. 23.4 Sec. 26. [144.2219] [TRANSFERS OF INFORMATION TO RESEARCH 23.5 ENTITIES.] 23.6 Information from the birth defects information system that 23.7 does not contain identifying information may be shared with 23.8 research entities upon request for studies approved by the 23.9 commissioner and appropriate institutional review boards. For 23.10 studies approved by the commissioner that require identifying 23.11 information about a child or a parent or legal guardian of the 23.12 child, the commissioner shall contact the parent or legal 23.13 guardian to obtain informed consent to share identifying 23.14 information with the research entity. Notwithstanding section 23.15 144.335, subdivision 3a, paragraph (d), the parent or legal 23.16 guardian must provide informed consent before the information 23.17 may be shared. The commissioner must collect all reasonable 23.18 costs of locating and obtaining consent from the research entity. 23.19 Sec. 27. Minnesota Statutes 2002, section 144.335, 23.20 subdivision 3a, is amended to read: 23.21 Subd. 3a. [PATIENT CONSENT TO RELEASE OF RECORDS; 23.22 LIABILITY.] (a) A provider, or a person who receives health 23.23 records from a provider, may not release a patient's health 23.24 records to a person without a signed and dated consent from the 23.25 patient or the patient's legally authorized representative 23.26 authorizing the release, unless the release is specifically 23.27 authorized by law. Except as provided in paragraph (c) or (d), 23.28 a consent is valid for one year or for a lesser period specified 23.29 in the consent or for a different period provided by law. 23.30 (b) This subdivision does not prohibit the release of 23.31 health records: 23.32 (1) for a medical emergency when the provider is unable to 23.33 obtain the patient's consent due to the patient's condition or 23.34 the nature of the medical emergency; or 23.35 (2) to other providers within related health care entities 23.36 when necessary for the current treatment of the patient. 24.1 (c) Notwithstanding paragraph (a), if a patient explicitly 24.2 gives informed consent to the release of health records for the 24.3 purposes and pursuant to the restrictions in clauses (1) and 24.4 (2), the consent does not expire after one year for: 24.5 (1) the release of health records to a provider who is 24.6 being advised or consulted with in connection with the current 24.7 treatment of the patient; 24.8 (2) the release of health records to an accident and health 24.9 insurer, health service plan corporation, health maintenance 24.10 organization, or third-party administrator for purposes of 24.11 payment of claims, fraud investigation, or quality of care 24.12 review and studies, provided that: 24.13 (i) the use or release of the records complies with 24.14 sections 72A.49 to 72A.505; 24.15 (ii) further use or release of the records in individually 24.16 identifiable form to a person other than the patient without the 24.17 patient's consent is prohibited; and 24.18 (iii) the recipient establishes adequate safeguards to 24.19 protect the records from unauthorized disclosure, including a 24.20 procedure for removal or destruction of information that 24.21 identifies the patient. 24.22 (d) Notwithstanding paragraph (a), health records may be 24.23 released to an external researcher solely for purposes of 24.24 medical or scientific research only as follows: 24.25 (1) health records generated before January 1, 1997, may be 24.26 released if the patient has not objected or does not elect to 24.27 object after that date; 24.28 (2) for health records generated on or after January 1, 24.29 1997, the provider must: 24.30 (i) disclose in writing to patients currently being treated 24.31 by the provider that health records, regardless of when 24.32 generated, may be released and that the patient may object, in 24.33 which case the records will not be released; and 24.34 (ii) use reasonable efforts to obtain the patient's written 24.35 general authorization that describes the release of records in 24.36 item (i), which does not expire but may be revoked or limited in 25.1 writing at any time by the patient or the patient's authorized 25.2 representative; 25.3 (3) authorization may be established if an authorization is 25.4 mailed at least two times to the patient's last known address 25.5 with a postage prepaid return envelope and a conspicuous notice 25.6 that the patient's medical records may be released if the 25.7 patient does not object, and at least 60 days have expired since 25.8 the second notice was sent; and the provider must advise the 25.9 patient of the rights specified in clause (4); and 25.10 (4) the provider must, at the request of the patient, 25.11 provide information on how the patient may contact an external 25.12 researcher to whom the health record was released and the date 25.13 it was released. 25.14 In making a release for research purposes the provider 25.15 shall make a reasonable effort to determine that: 25.16 (i) the use or disclosure does not violate any limitations 25.17 under which the record was collected; 25.18 (ii) the use or disclosure in individually identifiable 25.19 form is necessary to accomplish the research or statistical 25.20 purpose for which the use or disclosure is to be made; 25.21 (iii) the recipient has established and maintains adequate 25.22 safeguards to protect the records from unauthorized disclosure, 25.23 including a procedure for removal or destruction of information 25.24 that identifies the patient; and 25.25 (iv) further use or release of the records in individually 25.26 identifiable form to a person other than the patient without the 25.27 patient's consent is prohibited. 25.28 (e) A person who negligently or intentionally releases a 25.29 health record in violation of this subdivision, or who forges a 25.30 signature on a consent form, or who obtains under false 25.31 pretenses the consent form or health records of another person, 25.32 or who, without the person's consent, alters a consent form, is 25.33 liable to the patient for compensatory damages caused by an 25.34 unauthorized release, plus costs and reasonable attorney's fees. 25.35 (f) Upon the written request of a spouse, parent, child, or 25.36 sibling of a patient being evaluated for or diagnosed with 26.1 mental illness, a provider shall inquire of a patient whether 26.2 the patient wishes to authorize a specific individual to receive 26.3 information regarding the patient's current and proposed course 26.4 of treatment. If the patient so authorizes, the provider shall 26.5 communicate to the designated individual the patient's current 26.6 and proposed course of treatment. Paragraph (a) applies to 26.7 consents given under this paragraph. 26.8 (g) Notwithstanding paragraph (a), a provider may disclose 26.9 health records relating to a patient's mental health to a law 26.10 enforcement agency if the law enforcement agency provides the 26.11 name of the patient and communicates that the: 26.12 (1) patient is currently involved in an emergency 26.13 interaction with the law enforcement agency; and 26.14 (2) disclosure of the records is necessary to protect the 26.15 health or safety of the patient or of another person. 26.16 The scope of disclosure under this paragraph is limited to 26.17 the minimum necessary for law enforcement to respond to the 26.18 emergency. A law enforcement agency that obtains health records 26.19 under this paragraph shall maintain a record of the requestor, 26.20 the provider of the information, and the patient's name. Any 26.21 health records obtained by the law enforcement agency pursuant 26.22 to this subdivision is private data on individuals, as defined 26.23 in section 13.02, and it may not be used by law enforcement for 26.24 any other purpose. 26.25 (h) In cases where a provider releases health records 26.26 without patient consent as authorized by law, the release must 26.27 be documented in the patient's health record. In the case of a 26.28 release under paragraph (g), the documentation must include the 26.29 date and circumstances under which the release was made, the 26.30 person or agency to whom the release was made, and the records 26.31 that were released. 26.32 Sec. 28. Minnesota Statutes 2002, section 168.346, is 26.33 amended to read: 26.34 168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 26.35 (a)The registered owner of a motor vehicle may request in26.36writing that the owner's residence address or name and residence27.1address be classified as private data on individuals, as defined27.2in section 13.02, subdivision 12. The commissioner shall grant27.3the classification upon receipt of a signed statement by the27.4owner that the classification is required for the safety of the27.5owner or the owner's family, if the statement also provides a27.6valid, existing address where the owner consents to receive27.7service of process. The commissioner shall use the mailing27.8address in place of the residence address in all documents and27.9notices pertaining to the motor vehicle. The residence address27.10or name and residence address and any information provided in27.11the classification request, other than the mailing address, are27.12private data on individuals and may be provided to requesting27.13law enforcement agencies, probation and parole agencies, and27.14public authorities, as defined in section 518.54, subdivision27.159Data on individuals provided to register a motor vehicle is 27.16 public data on individuals and must be disclosed to the extent 27.17 permitted by United States Code, title 18, section 2721, 27.18 subsection (b). 27.19 (b) An individual registered owner of a motor vehiclemust27.20be informed in a clear and conspicuous manner on the forms for27.21issuance or renewal of titles and registrations, that the27.22owner's personal informationmaybe disclosedconsent in writing 27.23 to the department to disclose their personal information 27.24 exempted by United States Code, title 18, section 2721, 27.25 subsection (b), to any person who makes a request for the 27.26 personal information, and that, except for uses permitted by27.27United States Code, title 18, section 2721, subsection (b),. If 27.28 the registered ownermay prohibit disclosure of the personal27.29information by so indicating on the formso authorizes, the 27.30 commissioner shall implement the request in a timely manner. 27.31 For purposes of this paragraph, access by requesters making 27.32 requests described in section168.345168.325, subdivision47, 27.33 is deemed to be related to public safety. 27.34 (c)At the time of registration or renewal,If authorized 27.35 by theindividualregistered ownerof a motor vehicle must also27.36be informed in a clear and conspicuous manner on forms thatas 28.1 indicated in paragraph (b), the owner's personal information may 28.2 be used, rented, or sold solely for bulk distribution by 28.3 organizations for business purposes including surveys, 28.4 marketing, and solicitation.The commissioner shall implement28.5methods and procedures that enable the registered owner to28.6request that bulk surveys, marketing, or solicitation not be28.7directed to the owner. If the registered owner so requests, the28.8commissioner shall implement the request in a timely manner and28.9the personal information may not be so used.28.10 (d) The commissioner shall disclose personal information 28.11 when the use is related to the operation of a motor vehicle or 28.12 public safety. The use of personal information is related to 28.13 public safety if it concerns the physical safety or security of 28.14 drivers, vehicles, pedestrians, or property. The commissioner 28.15 may refuse to disclose data under this paragraph when the 28.16 commissioner concludes that the requester is likely to use the 28.17 data for illegal, improper, or noninvestigative purposes. 28.18 (e)To the extent permitted by United States Code, title28.1918, section 2721, data on individuals provided to register a28.20motor vehicle is public data on individuals and shall be28.21disclosed as permitted by United States Code, title 18, section28.222721, subsection (b).The registered owner of a motor vehicle 28.23 may request in writing that the owner's residence address or 28.24 name and residence address be classified as private data on 28.25 individuals, as defined in section 13.02, subdivision 12. The 28.26 commissioner shall grant the classification upon receipt of a 28.27 signed statement by the owner that the classification is 28.28 required for the safety of the owner or the owner's family, if 28.29 the statement also provides a valid, existing address where the 28.30 owner consents to receive service of process. The commissioner 28.31 shall use the mailing address in place of the residence address 28.32 in all documents and notices pertaining to the motor vehicle. 28.33 The residence address or name and residence address and any 28.34 information provided in the classification request, other than 28.35 the mailing address, are private data on individuals and may be 28.36 provided to requesting law enforcement agencies, probation and 29.1 parole agencies, and public authorities, as defined in section 29.2 518.54, subdivision 9. 29.3 Sec. 29. Minnesota Statutes 2002, section 169.09, 29.4 subdivision 13, is amended to read: 29.5 Subd. 13. [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 29.6 APPROPRIATION.] (a) All written reports and supplemental reports 29.7 required under this section shall be for the use of the 29.8 commissioner of public safety and other appropriate state, 29.9 federal, county, and municipal governmental agencies for 29.10 accident analysis purposes, except: 29.11 (1) the commissioner of public safety or any law 29.12 enforcement agency shall, upon written request of any person 29.13 involved in an accident or upon written request of the 29.14 representative of the person's estate, surviving spouse, or one 29.15 or more surviving next of kin, or a trustee appointed pursuant 29.16 to section 573.02, disclose to the requester, the requester's 29.17 legal counsel, or a representative of the requester's insurer 29.18 the report required under subdivision 8; 29.19 (2) the commissioner of public safety shall, upon written 29.20 request, provide the driver filing a report under subdivision 7 29.21 with a copy of the report filed by the driver; 29.22 (3) the commissioner of public safety may verify with 29.23 insurance companies vehicle insurance information to enforce 29.24 sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 29.25 (4) the commissioner of public safety shall provide the 29.26 commissioner of transportation the information obtained for each 29.27 traffic accident involving a commercial motor vehicle, for 29.28 purposes of administering commercial vehicle safety regulations; 29.29 and 29.30 (5) the commissioner of public safety may give to the 29.31 United States Department of Transportation commercial vehicle 29.32 accident information in connection with federal grant programs 29.33 relating to safety. 29.34 (b) Accident reports and data contained in the reports 29.35 shall not be discoverable under any provision of law or rule of 29.36 court. No report shall be used as evidence in any trial, civil 30.1 or criminal, arising out of an accident, except that the 30.2 commissioner of public safety shall furnish upon the demand of 30.3 any person who has, or claims to have, made a report, or, upon 30.4 demand of any court, a certificate showing that a specified 30.5 accident report has or has not been made to the commissioner 30.6 solely to prove compliance or failure to comply with the 30.7 requirements that the report be made to the commissioner. 30.8 (c) Nothing in this subdivision prevents any person who has 30.9 made a report pursuant to this section from providing 30.10 information to any persons involved in an accident or their 30.11 representatives or from testifying in any trial, civil or 30.12 criminal, arising out of an accident, as to facts within the 30.13 person's knowledge. It is intended by this subdivision to 30.14 render privileged the reports required, but it is not intended 30.15 to prohibit proof of the facts to which the reports relate. 30.16 (d) Disclosing any information contained in any accident 30.17 report, except as provided in this subdivision, section 13.82, 30.18 subdivision 3 or 6, or other statutes, is a misdemeanor. 30.19 (e) The commissioner of public safety may charge authorized 30.20 persons a $5 fee for a copy of an accident report. The 30.21 commissioner may also furnish copies of the modified accident 30.22 records database to private agencies as provided in paragraph 30.23 (g), for not less than the cost of preparing the copies on a 30.24 bulk basis. 30.25 (f) The commissioner and law enforcement agencies may 30.26 charge commercial users who request access to response or 30.27 incident data relating to accidents a fee not to exceed 50 cents 30.28 per report, which cannot include the address of any person 30.29 involved in an accident. "Commercial user" is a user who in one 30.30 location requests access to data in more than five accident 30.31 reports per month, unless the user establishes that access is 30.32 not for a commercial purpose. Money collected by the 30.33 commissioner under this paragraph is appropriated to the 30.34 commissioner. 30.35 (g) The commissioner may provide a modified copy of the 30.36 accident records database that does not contain names, driver's 31.1 license numbers, vehicle license plate numbers, addresses, or 31.2 other identifying data to the public upon request. However, 31.3 unless the accident records data base includes the motor vehicle 31.4 identification number, the commissioner shall include the 31.5 vehicle license plate number if a private agency certifies and 31.6 agrees that the agency: 31.7 (1) is in the business of collecting accident and damage 31.8 information on vehicles; 31.9 (2) will use the vehicle license plate number only for the 31.10 purpose of identifying vehicles that have been involved in 31.11 accidents or damaged in order to provide this information to 31.12 persons seeking access to a vehicle's history and not for the 31.13 purpose of identifying individuals or for any other purpose; and 31.14 (3) will be subject to the penalties and remedies under 31.15 sections 13.08 and 13.09. 31.16 Sec. 30. Minnesota Statutes 2002, section 171.12, 31.17 subdivision 7, is amended to read: 31.18 Subd. 7. [PRIVACY OF RESIDENCE ADDRESS.] (a)An applicant31.19forData on individuals provided to obtain a driver's license or 31.20 a Minnesota identification cardmay request that the applicant's31.21residence address be classified as privateis public data on 31.22 individuals, as defined in section 13.02, subdivision 12. The31.23commissioner shall grant the classification upon receipt of a31.24signed statement by the individual that the classification is31.25required for the safety of the applicant or the applicant's31.26family, if the statement also provides a valid, existing address31.27where the applicant consents to receive service of process. The31.28commissioner shall use the mailing address in place of the31.29residence address in all documents and notices pertaining to the31.30driver's license or identification card. The residence address31.31and any information provided in the classification request,31.32other than the mailing address, are private data on individuals31.33and may be provided to requesting law enforcement agencies,31.34probation and parole agencies, and public authorities, as31.35defined in section 518.54, subdivision 9and must be disclosed 31.36 to the extent permitted by United States Code, title 18, section 32.1 2721, subsection (b). 32.2 (b) An applicant for a driver's license or a Minnesota 32.3 identification cardmust be informed in a clear and conspicuous32.4manner on the forms for the issuance or renewal thatmay consent 32.5 in writing to the department to disclose the applicant's 32.6 personal informationmay be disclosedexempted by United States 32.7 Code, title 18, section 2721, subsection (b), to any person who 32.8 makes a request for the personal information, and that except32.9for uses permitted by United States Code, title 18, section32.102721, subsection (b), the applicant may prohibit disclosure of32.11the personal information by so indicating on the form. If the 32.12 applicant so authorizes, the commissioner shall implement the 32.13 request in a timely manner and the personal information may be 32.14 so used. 32.15 (c) If authorized by an applicant for a driver's license or 32.16 a Minnesota identification cardmust be also informed in a clear32.17and conspicuous manner on forms that, as indicated in paragraph 32.18 (b), the applicant's personal information may be used, rented, 32.19 or sold solely for bulk distribution by organizations for 32.20 business purposes, including surveys, marketing, or 32.21 solicitation.The commissioner shall implement methods and32.22procedures that enable the applicant to request that bulk32.23surveys, marketing, or solicitation not be directed to the32.24applicant. If the applicant so requests, the commissioner shall32.25implement the request in a timely manner and the personal32.26information may not be so used.32.27 (d)To the extent permitted by United States Code, title32.2818, section 2721, data on individuals provided to obtain a32.29Minnesota identification card or a driver's license is public32.30data on individuals and shall be disclosed as permitted by32.31United States Code, title 18, section 2721, subsection (b).An 32.32 applicant for a driver's license or a Minnesota identification 32.33 card may request that the applicant's residence address be 32.34 classified as private data on individuals, as defined in section 32.35 13.02, subdivision 12. The commissioner shall grant the 32.36 classification upon receipt of a signed statement by the 33.1 individual that the classification is required for the safety of 33.2 the applicant or the applicant's family, if the statement also 33.3 provides a valid, existing address where the applicant consents 33.4 to receive service of process. The commissioner shall use the 33.5 mailing address in place of the residence address in all 33.6 documents and notices pertaining to the driver's license or 33.7 identification card. The residence address and any information 33.8 provided in the classification request, other than the mailing 33.9 address, are private data on individuals and may be provided to 33.10 requesting law enforcement agencies, probation and parole 33.11 agencies, and public authorities, as defined in section 518.54, 33.12 subdivision 9. 33.13 Sec. 31. Minnesota Statutes 2003 Supplement, section 33.14 268.19, subdivision 1, is amended to read: 33.15 Subdivision 1. [USE OF DATA.] (a) Except as otherwise 33.16 provided by this section, data gathered from anyemployer or33.17individualperson pursuant to the administration of the 33.18 Minnesota Unemployment Insurance Law are private data on 33.19 individuals or nonpublic data not on individuals as defined in 33.20 section 13.02, subdivisions 9 and 12, and may not be disclosed 33.21 except pursuant to a court order or section 13.05. A subpoena 33.22 shall not be considered a court order. These data may be 33.23 disseminated to and used by the following agencies without the 33.24 consent of the subject of the data: 33.25 (1) state and federal agencies specifically authorized 33.26 access to the data by state or federal law; 33.27 (2) any agency ofMinnesota orany other state;or any 33.28 federal agency charged with the administration of anemployment33.29security law orunemployment insurance program; 33.30 (3) any agency responsible for the maintenance of a system 33.31 of public employment offices for the purpose of assisting 33.32 individuals in obtaining employment; 33.33(3)(4) human rights agencies within Minnesota that have 33.34 enforcement powers; 33.35(4)(5) the Department of Revenuemust have access to33.36department private data on individuals and nonpublic data not on34.1individualsonly to the extent necessary forenforcement ofits 34.2 duties under Minnesotataxlaws; 34.3(5)(6) public and private agencies responsible for 34.4 administering publicly financed assistance programs for the 34.5 purpose of monitoring the eligibility of the program's 34.6 recipients; 34.7(6)(7) the Department of Labor and Industry on an 34.8 interchangeable basis with the departmentsubject to the34.9following limitations and regardless of any law to the contrary:34.10(i) the department must have access to private data on34.11individuals and nonpublic data not on individuals for uses34.12consistent with the administration of its duties under the34.13Minnesota Unemployment Insurance Law; and34.14(ii) the Department of Labor and Industry must have access34.15to private data on individuals and nonpublic data not on34.16individualsfor uses consistent with the administration of its 34.17 duties under Minnesota law; 34.18(7) the Department of Employment and Economic Development34.19may have access to private data on individual employers and34.20nonpublic data not on individual employers for its internal use34.21only; when received by the Department of Employment and Economic34.22Development, the data remain private data on individuals or34.23nonpublic data;34.24 (8) local and state welfare agencies for monitoring the 34.25 eligibility of the data subject for assistance programs, or for 34.26 any employment or training program administered by those 34.27 agencies, whether alone, in combination with another welfare 34.28 agency, or in conjunction with the department or to monitor and 34.29 evaluate the statewide Minnesota family investment program by 34.30 providing data on recipients and former recipients of food 34.31 stamps or food support, cash assistance under chapter 256, 256D, 34.32 256J, or 256K, child care assistance under chapter 119B, or 34.33 medical programs under chapter 256B, 256D, or 256L; 34.34 (9) local, state, and federal law enforcement agencies for 34.35 the sole purpose of ascertaining the last known address and 34.36 employment location ofthe data subject, provided the data35.1subjecta person who is the subject of a criminal investigation; 35.2 (10) the federal Immigration and Naturalization Service 35.3 shall have access to data on specific individuals and specific 35.4 employers provided the specific individual or specific employer 35.5 is the subject of an investigation by that agency; and 35.6 (11) the Department of Healthmay have access to private35.7data on individuals and nonpublic data not on individualssolely 35.8 for the purposes of epidemiologic investigations. 35.9 (b) Data on individuals and employers that are collected, 35.10 maintained, or used by the department in an investigation 35.11 pursuant to section 268.182 are confidential as to data on 35.12 individuals and protected nonpublic data not on individuals as 35.13 defined in section 13.02, subdivisions 3 and 13, and must not be 35.14 disclosed except pursuant to statute or court order or to a 35.15 party named in a criminal proceeding, administrative or 35.16 judicial, for preparation of a defense. 35.17 (c)Tape recordings and transcripts of recordings of35.18proceedings conducted in accordance with section 268.105 and35.19exhibits received into evidence at those proceedings are private35.20data on individuals and nonpublic data not on individuals and35.21must be disclosed only pursuant to the administration of section35.22268.105, or pursuant to a court order.35.23(d) The department may disseminate an employer's name,35.24address, industry code, occupations employed, and the number of35.25employees by ranges of not less than 100 for the purpose of35.26assisting individuals using the Minnesota Workforce Center35.27system in obtaining employment.35.28(e) The general aptitude test battery and the nonverbal35.29aptitude test battery as administered by the department are35.30private data on individuals or nonpublic data.35.31(f)Data gathered by the department pursuant to the 35.32 administration of the Minnesota unemployment insurance program 35.33 and the job service must not be made the subject or the basis 35.34 for any suit in any civil proceedings, administrative or 35.35 judicial, unless the action is initiated by the department. 35.36 Sec. 32. Minnesota Statutes 2003 Supplement, section 36.1 268.19, subdivision 2, is amended to read: 36.2 Subd. 2. [EMPLOYER INFORMATION; ABSOLUTE PRIVILEGE.] (a) 36.3 Regardless of any provision of law to the contrary, an employer 36.4 may provide the commissioner with information on an applicant so 36.5 that the commissioner can determine an applicant's entitlement 36.6 to unemployment benefits under the Minnesota Unemployment 36.7 Insurance Law. 36.8 (b) The commissioner may disseminate an employer's name and 36.9 address and the name and address of any employer's unemployment 36.10 insurance processing agent in order to administer the Minnesota 36.11 unemployment insurance program. 36.12 (c) Information obtained pursuant to the Minnesota 36.13 Unemployment Insurance Law, in order to determine an applicant's 36.14 entitlement to unemployment benefits, shall be absolutely 36.15 privileged and shall not be made the subject matter or the basis 36.16 for any civil proceeding, administrative, or judicial. 36.17 Sec. 33. Minnesota Statutes 2002, section 270B.14, 36.18 subdivision 2, is amended to read: 36.19 Subd. 2. [DISCLOSURE TO DEPARTMENT OF EMPLOYMENT AND 36.20 ECONOMICSECURITYDEVELOPMENT.] (a) Data relating to individuals 36.21 are treated as follows: 36.22 (1) Return information may be disclosed to the Department 36.23 of Employment and EconomicSecurityDevelopment to the extent 36.24 provided in clause (2) and for the purposes provided in clause 36.25 (3). 36.26 (2) The data that may be disclosed is limited to the amount 36.27 of gross income earned by an individual, the total amounts of 36.28 earnings from each employer, and the employer's name. 36.29 (3) Data may be requested pertaining only to individuals 36.30 who have claimed benefits under sections 268.03 to 268.23 and 36.31 only if the individuals are the subject of investigations based 36.32 on other information available to the Department of Employment 36.33 and EconomicSecurityDevelopment. Data received may be used 36.34 only as set forth in section 268.19,clause (d)subdivision 1, 36.35 paragraph (b). 36.36 (b) Data pertaining to corporations or other employing 37.1 units may be disclosed to the Department of Employment and 37.2 EconomicSecurityDevelopment to the extent necessary for the 37.3 proper enforcement of chapter 268. 37.4 Sec. 34. Minnesota Statutes 2002, section 278.05, 37.5 subdivision 3, is amended to read: 37.6 Subd. 3. [ASSESSOR'S RECORDS; EVIDENCE.] Assessor's 37.7 records, including certificates of real estate value, assessor's 37.8 field cards and property appraisal cards shall be made available 37.9 to the petitioner for inspection and copying and may be offered 37.10 at the trial subject to section 13.51, the applicable rules of 37.11 evidence and rules governing pretrial discoveryand shall not be37.12excluded from discovery or admissible evidence on the grounds37.13that the documents and the information recorded thereon are37.14confidential or classified as private data on37.15individuals. Notwithstanding any provision of law to the 37.16 contrary, pretrial discovery is not permitted of assessor's data 37.17 which are classified as private or nonpublic under section 13.51 37.18 or by court order, of property which is not subject to the 37.19 petition. Evidence of comparable sales of other property shall, 37.20 within the discretion of the court, be admitted at the trial. 37.21 Sec. 35. Minnesota Statutes 2002, section 629.341, 37.22 subdivision 4, is amended to read: 37.23 Subd. 4. [REPORT REQUIRED.] Whenever a peace officer 37.24 investigates an allegation that an incident described in 37.25 subdivision 1 has occurred, whether or not an arrest is made, 37.26 the officer shall make a written police report of the alleged 37.27 incident. The report must contain at least the following 37.28 information: the name, address and telephone number of the 37.29 victim, if provided by the victim, a statement as to whether an 37.30 arrest occurred, the name of the arrested person, and a brief 37.31 summary of the incident. Data that identify a victim who has 37.32 made a request under section 13.82, subdivision 17, paragraph 37.33 (d), and that are private data under that subdivision, shall be 37.34 private in the report required by this section. A copy of this 37.35 report must be provided upon request, at no cost, to the victim 37.36 of domestic abuse, the victim's attorney, or organizations 38.1 designated by the Minnesota Crime Victims Services Center, the 38.2 Department of Public Safety, or the commissioner of corrections 38.3 that are providing services to victims of domestic abuse. The 38.4 officer shall submit the report to the officer's supervisor or 38.5 other person to whom the employer's rules or policies require 38.6 reports of similar allegations of criminal activity to be made. 38.7 Sec. 36. [REPEALER.] 38.8 Minnesota Statutes 2002, sections 13.319, subdivision 7; 38.9 and 13.475, are repealed. 38.10 Sec. 37. [EFFECTIVE DATE.] 38.11 Sections 16 and 35 are effective the day following final 38.12 enactment. 38.13 ARTICLE 2 38.14 CRIMNET 38.15 Section 1. Minnesota Statutes 2002, section 13.02, is 38.16 amended by adding a subdivision to read: 38.17 Subd. 7b. [INFORMATION MANAGEMENT SYSTEM.] "Information 38.18 management system" means an electronic system used or maintained 38.19 by a government entity for the management of government data. 38.20 Sec. 2. Minnesota Statutes 2002, section 13.02, is amended 38.21 by adding a subdivision to read: 38.22 Subd. 7c. [INFORMATION POLICY STATUTES.] (a) "Information 38.23 policy statutes" means this chapter, section 15.17, and sections 38.24 138.163 to 138.225. 38.25 (b) "Compliance with information policy statutes" means 38.26 that a government entity must do the following: 38.27 (1) appoint a responsible authority and prepare a public 38.28 document identifying the responsible authority's name, title, 38.29 and work address and the private and confidential data 38.30 maintained by the entity; 38.31 (2) appoint a compliance official; 38.32 (3) train designees and other staff in information policy 38.33 statutes compliance; 38.34 (4) establish procedures: 38.35 (i) to ensure that officials respond promptly to requests 38.36 for public government data; 39.1 (ii) to provide required notices to individuals concerning 39.2 data collection; 39.3 (iii) to provide individuals with access to and notice of 39.4 data maintained about them; 39.5 (iv) to provide individuals with the ability to challenge 39.6 data about them; 39.7 (v) to ensure that data on individuals are accurate, 39.8 complete, and current; 39.9 (vi) to ensure security safeguards for data on individuals; 39.10 and 39.11 (vii) to provide for parents to access data about their 39.12 minor children; 39.13 (5) prepare a public document describing how the rights of 39.14 a data subject under section 13.04 may be exercised in the 39.15 entity and the procedures necessary to verify the subject's 39.16 identity; 39.17 (6) publish procedures to prevent unauthorized access to 39.18 private and confidential data; 39.19 (7) share not public data with another entity only as 39.20 required or authorized by state statute or federal law; 39.21 (8) make and preserve all records necessary to a full and 39.22 accurate knowledge of the entity's official activities; 39.23 (9) dispose of records or transfer them to archives in 39.24 accordance with statutory procedures and approved records 39.25 retention schedules; 39.26 (10) when preparing a contract by which a private sector 39.27 contractor performs government functions or obtains data on 39.28 individuals from a government entity, include provisions that 39.29 require the private contractor to comply with this chapter; and 39.30 (11) in the case of CriMNet, maintain and ensure data 39.31 subject access to audit trail data, and provide subscription 39.32 service only as authorized by law. 39.33 Sec. 3. Minnesota Statutes 2002, section 13.02, 39.34 subdivision 18, is amended to read: 39.35 Subd. 18. [STATEWIDE SYSTEM.] "Statewide system" includes 39.36 any record-keeping system, including an information management 40.1 system, in which government data is collected, stored, 40.2 disseminated and used by means of a system common to one or more 40.3 state agencies or more than one of its political subdivisions or 40.4 any combination of state agenciesand, political subdivisions, 40.5 and nongovernmental entities to the extent, as specified in 40.6 section 13.05, subdivision 11, that the nongovernmental entity 40.7 is performing functions normally performed by the government 40.8 entity. 40.9 Sec. 4. Minnesota Statutes 2002, section 13.03, 40.10 subdivision 4, is amended to read: 40.11 Subd. 4. [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF 40.12 DISSEMINATION AMONG AGENCIES.] (a) The classification of data in 40.13 the possession of an agency shall change if it is required to do 40.14 so to comply with either judicial or administrative rules 40.15 pertaining to the conduct of legal actions or with a specific 40.16 statute applicable to the data in the possession of the 40.17 disseminating or receiving agency. 40.18 (b) If data on individuals is classified as both private 40.19 and confidential by this chapter, or any other statute or 40.20 federal law, the data is private. 40.21 (c) To the extent that government data is disseminated to 40.22 state agencies, political subdivisions, or statewide systems by 40.23 another state agency, political subdivision, or statewide 40.24 system, the data disseminated shall have the same classification 40.25 in the hands of the agency receiving it as it had in the hands 40.26 of the entity providing it. 40.27 (d) If a state agency, statewide system, or political 40.28 subdivision disseminates data to another state agency, statewide 40.29 system, or political subdivision, a classification provided for 40.30 by law in the hands of the entity receiving the data does not 40.31 affect the classification of the data in the hands of the entity 40.32 that disseminates the data. 40.33 (e) To the extent that judicial branch data is disseminated 40.34 to government entities by the judicial branch, the data 40.35 disseminated shall have the same level of accessibility in the 40.36 hands of the entity receiving it as it had in the hands of the 41.1 judicial branch entity providing it. 41.2 Sec. 5. [13.055] [INFORMATION MANAGEMENT SYSTEMS; 41.3 COMPLIANCE WITH LAW.] 41.4 (a) A person who believes an information management system 41.5 is not in compliance with information policy statutes may seek 41.6 an advisory opinion under section 13.072. A government entity 41.7 operating an information management system must comply with any 41.8 request for information from the commissioner for purposes of 41.9 the advisory opinion. 41.10 (b) In an action to compel compliance pursuant to section 41.11 13.08 against a government entity operating an information 41.12 management system, if the court finds that the information 41.13 management system is not in compliance, the court may fashion 41.14 any appropriate remedy. Upon a finding that the entity is not 41.15 making satisfactory progress to cure compliance deficits, the 41.16 court may order the entity to cease operation until satisfactory 41.17 progress is made. 41.18 (c) No state agency may assume or share operational 41.19 responsibility for any information management system that is not 41.20 in compliance with information policy statutes. Before a state 41.21 agency assumes or shares operational responsibility for an 41.22 information management system created by a political 41.23 subdivision, statewide system, or a nongovernmental entity, the 41.24 responsible authority for that state agency shall ensure that 41.25 the information management system is in compliance with 41.26 information policy statutes and federal law. A state agency 41.27 must not assume costs associated with enhancements of an 41.28 information management system described in this paragraph unless 41.29 approved by the legislature or required by federal law. 41.30 Sec. 6. [13.074] [INFORMATION MANAGEMENT SYSTEM REVIEW.] 41.31 (a) The commissioner must review information management 41.32 systems that are to be added to CriMNet after the effective date 41.33 of this section in order to determine that the systems are in 41.34 compliance with information policy statutes. An information 41.35 management system described in this paragraph must not proceed 41.36 beyond the design phase until the commissioner's determination 42.1 is received. Each responsible authority for a system under 42.2 review must promptly provide information to the commissioner to 42.3 enable the determination to be made. The commissioner shall 42.4 determine what reports or other information must be made 42.5 available by the responsible authority for the proposed 42.6 information management system in order to establish compliance. 42.7 (b) No later than January 15, 2005, the commissioner must 42.8 provide the legislature with a proposed schedule to review 42.9 information management systems and the design for any new 42.10 information management systems that are operated by a state 42.11 agency or a statewide system that has at least one state agency 42.12 as a participant. As part of the report, the commissioner must 42.13 provide the legislature with an estimate of the costs to conduct 42.14 the reviews. 42.15 (c) The legislative auditor should, as resources permit, 42.16 include continuing compliance as part of each periodic audit. 42.17 (d) If the legislative auditor finds that an information 42.18 management system described in this section is not in compliance 42.19 with information policy statutes, the responsible authority for 42.20 the government entity should, within 60 days, present a plan to 42.21 the commissioner to bring the system into compliance. The 42.22 commissioner must monitor the information management system's 42.23 progress toward compliance. If the commissioner finds a failure 42.24 to make satisfactory progress, the commissioner may require the 42.25 government entity to cease operating the information management 42.26 system until progress is satisfactory. If an information 42.27 management system is found out of compliance under this 42.28 paragraph, the government entity operating the system must 42.29 report the amount spent to develop and implement the information 42.30 management system and the amount spent on compliance to the 42.31 committees in the house of representatives and the senate with 42.32 fiscal authority over that government entity. 42.33 Sec. 7. Minnesota Statutes 2002, section 13.82, 42.34 subdivision 24, is amended to read: 42.35 Subd. 24. [EXCHANGES OF INFORMATION.] (a) Except as 42.36 otherwise provided by law, nothing in this chapter prohibits the 43.1 exchange of information by law enforcement agencies provided the 43.2 exchanged information is pertinent and necessary to the 43.3 requesting agency in initiating, furthering, or completing an 43.4 investigation, except not public personnel data. 43.5 (b) When a law enforcement agency requests or disseminates 43.6 private or confidential data on individuals by means of a 43.7 statewide system for a purpose authorized by this subdivision, 43.8 it must document the purpose of the request or dissemination, 43.9 including the case number if available. Data under this 43.10 paragraph must be retained for six years. When an investigation 43.11 becomes inactive under subdivision 7, the data under this 43.12 paragraph are private data on the subject of the investigation. 43.13 The provisions of this paragraph apply (1) on and after July 1, 43.14 2012, to statewide systems that are part of CriMNet on the 43.15 effective date of this paragraph; and (2) on and after the 43.16 effective date of this paragraph to any newly developed or 43.17 acquired and implemented state information management system 43.18 added to CriMNet after that date. 43.19 Sec. 8. [13.8703] [CRIMNET DATA.] 43.20 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 43.21 subdivision apply to this section. 43.22 (b) "CriMNet" is a statewide system as defined in section 43.23 13.02, subdivision 18, that integrates or interconnects data 43.24 from multiple criminal justice information systems. 43.25 (c) "CriMNet data" are criminal justice agency data 43.26 created, collected, used, or maintained in the prevention, 43.27 investigation, or prosecution of crime and any resulting 43.28 criminal justice system response that are held or accessed by 43.29 CriMNet. 43.30 (d) "Audit trail data" are data created, used, or 43.31 maintained by CriMNet for the purposes of ensuring and verifying 43.32 that CriMNet was only accessed by authorized persons for 43.33 authorized purposes. 43.34 Subd. 2. [DATA CLASSIFICATION; DISSEMINATION.] (a) Data 43.35 accessed or maintained by CriMNet are subject to the provisions 43.36 of section 13.03, subdivision 4, paragraphs (c) and (e). The 44.1 fact that data held by government entities are accessed by 44.2 CriMNet does not change the classification of the data in those 44.3 government entities. Except for the exercise of rights by 44.4 individuals under this section and section 13.04, access to 44.5 CriMNet data is available only as provided by state or federal 44.6 law to criminal justice agencies as defined in section 299C.46, 44.7 subdivision 2; public defenders as provided in section 611.272; 44.8 federal criminal justice agencies as defined in Code of Federal 44.9 Regulations, title 28, section 20.3(g); and criminal justice 44.10 agencies of other states. 44.11 (b) In addition to the purposes provided in section 13.82, 44.12 subdivision 24, CriMNet data may be released: 44.13 (1) for purposes of auditing data quality, data protection, 44.14 and system development and maintenance; or 44.15 (2) with the informed consent of the subject of the data as 44.16 provided by section 13.05, subdivision 4. In the case of data 44.17 on a juvenile, notwithstanding section 299C.095, subdivision 1, 44.18 a minor may not consent to release of the data, but (i) the 44.19 minor's parent or guardian may consent to release, and (ii) an 44.20 adult may consent to release of data on the adult that was 44.21 created when the adult was a minor. 44.22 Subd. 3. [REQUESTS BY DATA SUBJECT.] If an individual 44.23 makes a request for CriMNet data about that individual under 44.24 section 13.04, subdivision 3, a local or state law enforcement 44.25 agency with access to CriMNet must: 44.26 (1) give the individual a list of any state agencies, 44.27 political subdivisions, statewide systems, or other entities 44.28 that provided data to CriMNet; and 44.29 (2) allow the individual to obtain a copy of any public or 44.30 private CriMNet data, subject to standards established by the 44.31 CriMNet responsible authority, and inform the individual of the 44.32 availability of audit trail data from the CriMNet responsible 44.33 authority. The individual must pay a fee of $10 for a copy of 44.34 the CriMNet data. Of this fee, $5 remains with the law 44.35 enforcement agency that received the request and $5 must be 44.36 forwarded to CriMNet. 45.1 Subd. 4. [AUDIT TRAIL DATA.] (a) Audit trail data must 45.2 indicate the purpose for which CriMNet data on an individual was 45.3 accessed and the case file number, if available. Audit trail 45.4 data must be retained for six years. 45.5 (b) Audit trail data created during the course of an 45.6 investigation are confidential data or protected nonpublic data 45.7 while the investigation is active. When an investigation is no 45.8 longer active, as defined by section 13.82, subdivision 7, or if 45.9 audit trail data are created as the result of access unrelated 45.10 to an active investigation, audit trail data that identify an 45.11 entity that requested or provided CriMNet data about a data 45.12 subject are nonpublic data. The nonpublic data are accessible 45.13 to the individual data subject if the responsible authority for 45.14 CriMNet, after consultation with an entity that requested 45.15 CriMNet data about an individual data subject, determines that 45.16 the data subject's need to know outweighs the risk of harm 45.17 disclosure would create for public safety. 45.18 (c) Between the effective date of this subdivision and June 45.19 30, 2012, the requirements of this subdivision apply to (1) 45.20 CriMNet audit trail data, to the extent it exists; and (2) any 45.21 CriMNet audit trail data, created by the CriMNet search 45.22 function, for any new implemented information management system 45.23 added to CriMNet after January 1, 2006. Beginning July 1, 2012, 45.24 this subdivision applies to CriMNet and to all information 45.25 management systems that are a part of CriMNet. 45.26 Subd. 5. [SUBSCRIPTION SERVICE.] (a) For purposes of this 45.27 subdivision, "subscription service" means a process by which 45.28 criminal justice agency personnel may obtain ongoing, automatic 45.29 electronic notice of any contacts an individual has with any 45.30 criminal justice agency. 45.31 (b) If CriMNet provides for subscription service, it must 45.32 include the capability to allow for release of data on a data 45.33 subject to the data subject by subscription service. 45.34 (c) Except as otherwise provided by this subdivision, 45.35 CriMNet data may be released by a subscription service: 45.36 (1) with the informed consent of the subject of the data. 46.1 In the case of data on a juvenile, notwithstanding section 46.2 299C.095, subdivision 1, a minor may not consent to release of 46.3 the data, but (i) the minor's parent or guardian may consent to 46.4 release, and (ii) an adult may consent to release of data on the 46.5 adult that was created when the adult was a minor; or 46.6 (2) for any purpose of which the data subject is notified 46.7 before the subscription service is implemented. The notice must 46.8 include how long the subscription service will be in effect. 46.9 (d) CriMNet data on an individual may be released by 46.10 subscription service without the request or consent of the data 46.11 subject or notice to the data subject to criminal justice agency 46.12 personnel for purposes of: 46.13 (1) investigating a crime or act of delinquency; 46.14 (2) seeking to apprehend an individual who is fleeing to 46.15 avoid prosecution or custody; 46.16 (3) enforcing a warrant; 46.17 (4) enforcing terms of pretrial release; 46.18 (5) seeking an individual to determine if the individual is 46.19 violating a condition of probation, conditional release, or 46.20 supervised release; 46.21 (6) prosecuting, defending, trying, or sentencing an 46.22 individual; 46.23 (7) seeking an individual who is likely to have information 46.24 necessary to criminal justice agency personnel acting under 46.25 clauses (1) to (6); or 46.26 (8) determining that an individual may be engaged in 46.27 illegal activities or seeking another individual who may have 46.28 information about those activities. 46.29 (e) A criminal justice agency may seek to release or 46.30 receive data described in paragraph (d), clause (8), by 46.31 subscription service for a period longer than 90 days by seeking 46.32 a court order in the same manner as seeking a search warrant. 46.33 To grant the order, the court must find that one of the purposes 46.34 listed in paragraph (d) continues to exist. The court must 46.35 specify how long the subscription service may continue, which 46.36 must not exceed 18 months without a showing of imminent threat 47.1 to public safety or health. 47.2 Subd. 6. [PENALTIES.] A person who violates this section 47.3 is subject to the penalties provided by section 13.09. 47.4 Subd. 7. [LEGISLATIVE REVIEW OF ACCESS 47.5 MODIFICATIONS.] Notwithstanding any contrary provisions in 47.6 section 13.82, any CriMNet feature that would provide access to 47.7 data on individuals by an entity that is not subject to this 47.8 chapter, other than the judiciary as defined in section 13.90, 47.9 must be submitted to the legislature for review before 47.10 implementation and must be implemented by a statute, contract, 47.11 or interstate compact that addresses data practices issues and 47.12 complies with this section. 47.13 Sec. 9. [13.8704] [CRIMINAL JUSTICE SYSTEM IMPLEMENTATION 47.14 REPORT.] 47.15 Not less than 45 days prior to implementation of an 47.16 information management system to be created or maintained by a 47.17 state criminal justice agency, the agency must report to the 47.18 chairs of the House Committee on Judiciary Policy and Finance, 47.19 the House Committee on Civil Law, the Senate Committee on 47.20 Judiciary, and the Senate Committee on Finance, State Government 47.21 Budget Division the following information: the entities 47.22 participating in creating or maintaining the system, the 47.23 responsible authority for the system, the costs of development 47.24 and implementation, state statutory or federal law authorization 47.25 for the system, information to be shared, policies for data 47.26 subject access to data, and time frame for implementation. 47.27 Sec. 10. Minnesota Statutes 2002, section 299C.10, is 47.28 amended by adding a subdivision to read: 47.29 Subd. 1a. [COURT DISPOSITION RECORD IN SUSPENSE; 47.30 FINGERPRINTING.] The superintendent of the bureau shall inform a 47.31 prosecuting authority that a person prosecuted by that authority 47.32 is the subject of a court disposition record in suspense which 47.33 requires fingerprinting under this section. Upon being notified 47.34 by the superintendent or otherwise learning of the suspense 47.35 status of a court disposition record, any prosecuting authority 47.36 may bring a motion in district court to compel the taking of the 48.1 person's fingerprints upon a showing to the court that the 48.2 person is the subject of the court disposition record in 48.3 suspense. 48.4 Sec. 11. Minnesota Statutes 2002, section 299C.10, 48.5 subdivision 2, is amended to read: 48.6 Subd. 2. [LAW ENFORCEMENT EDUCATION.] The sheriffs and 48.7 police officers and their agents, employees, and subordinates 48.8 who take finger and thumb prints must obtain training in the 48.9 proper methods of taking and transmitting finger prints under 48.10 this section consistent with bureau requirements. 48.11 Sec. 12. Minnesota Statutes 2002, section 299C.14, is 48.12 amended to read: 48.13 299C.14 [INFORMATION ON RELEASED PRISONER.] 48.14 It shall be the duty of the officials having charge of the 48.15 penal institutions of the state or the release of prisoners 48.16 therefrom to furnish to the bureau, as the superintendent may 48.17 require, finger and thumb prints, photographs, distinctive 48.18 physical mark identification data, other identification data, 48.19 modus operandi reports, and criminal records of prisoners 48.20 heretofore, now, or hereafter confined in such penal 48.21 institutions, together with the period of their service and the 48.22 time, terms, and conditions of their discharge. This duty to 48.23 furnish information includes, but is not limited to, requests 48.24 for fingerprints as the superintendent of the bureau deems 48.25 necessary to maintain and ensure the accuracy of the bureau's 48.26 criminal history files, to reduce the number of suspense files, 48.27 or to comply with the mandates of section 299C.111 relating to 48.28 the reduction of the number of suspense files where a 48.29 disposition record is received that cannot be linked to an 48.30 arrest record. 48.31 Sec. 13. Minnesota Statutes 2002, section 299C.65, is 48.32 amended by adding a subdivision to read: 48.33 Subd. 1a. [DATA CLASSIFICATION.] Data held by and 48.34 accessible through CriMNet is classified under section 13.8703. 48.35 Sec. 14. Minnesota Statutes 2003 Supplement, section 48.36 611.272, is amended to read: 49.1 611.272 [ACCESS TO GOVERNMENT DATA.] 49.2 The district public defender, the state public defender, or 49.3 an attorney working for a public defense corporation under 49.4 section 611.216 has access to the criminal justice data 49.5 communications network described in section 299C.46, as provided 49.6 in this section. Access to data under this section is limited 49.7 to dataregarding the public defender's own client asnecessary 49.8 to prepare criminal cases in which the public defender has been 49.9 appointed, includingas follows: 49.10 (1) access to data about witnesses in a criminal case shall 49.11 be limited to records of criminal convictions; and 49.12 (2) access to data regarding the public defender's own 49.13 client which includes, but is not limited to, criminal history 49.14 data under section 13.87; juvenile offender data under section 49.15 299C.095; warrant information data under section 299C.115; 49.16 incarceration data under section 299C.14; conditional release 49.17 data under section 299C.147; and diversion program data under 49.18 section 299C.46, subdivision 5. 49.19 The public defender has access to data under this section 49.20 whether accessed via CriMNet or other methods. The public 49.21 defender does not have access to law enforcement active 49.22 investigative data under section 13.82, subdivision 7; data 49.23 protected under section 13.82, subdivision 17; or confidential 49.24 arrest warrant indices data under section 13.82, subdivision 19, 49.25 or to data systems maintained by a prosecuting attorney. The 49.26 public defender has access to the data at no charge, except for 49.27 the monthly network access charge under section 299C.46, 49.28 subdivision 3, paragraph (b), and a reasonable installation 49.29 charge for a terminal. Notwithstanding section 13.87, 49.30 subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, 49.31 or any other law to the contrary, there shall be no charge to 49.32 public defenders for Internet access to the criminal justice 49.33 data communications network. 49.34 Sec. 15. [REPORTS REQUIRED.] 49.35 (a) The Juvenile and Criminal Information Task Force 49.36 established under Minnesota Statutes, section 299C.65, shall 50.1 study and prepare recommendations for policy group consideration 50.2 of the following: 50.3 (1) advisability of providing Web-based access to CriMNet 50.4 data by data subjects; 50.5 (2) standards for use of subscription services; 50.6 (3) advisability of use of CriMNet data for noncriminal 50.7 justice background checks without the consent of the data 50.8 subject; 50.9 (4) advisability of providing public access; 50.10 (5) standards for dissemination of CriMNet data to entities 50.11 that are not subject to Minnesota Statutes, chapter 13; 50.12 (6) retention schedules for CriMNet data; 50.13 (7) effect of federal requirements on the rights of 50.14 individuals under Minnesota Statutes, chapter 13; and 50.15 (8) implementing the Minnesota Government Data Practices 50.16 Act and court rules of access requirements regarding disclosure 50.17 of disputed data held by CriMNet. 50.18 (b) The report must be submitted pursuant to Minnesota 50.19 Statutes, section 299C.65, subdivision 3, and is due no later 50.20 than December 15, 2004. 50.21 (c) The commissioner of administration must study and 50.22 prepare recommendations on possibilities for the state to 50.23 maximize its return on investments in information management 50.24 systems. The report must be submitted to the chair of the House 50.25 Committee on State Government Finance and the chair of the 50.26 Senate Committee on Finance, State Government Budget Division by 50.27 January 15, 2005.