HF 225

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to government data practices; making
technical, conforming, and clarifying changes to the
Minnesota Government Data Practices Act; amending
Minnesota Statutes 2004, sections 13.01, subdivisions
1, 3; 13.02, subdivision 7; 13.03, subdivisions 1, 2,
3, 4, 5, 6, 8; 13.04, subdivisions 2, 4; 13.05,
subdivisions 1, 4, 6, 7, 8, 9; 13.06, subdivisions 1,
2, 3, 4; 13.07; 13.072, subdivision 4; 13.073,
subdivision 3; 13.08, subdivisions 1, 2, 5; 13.32, by
adding a subdivision; 13.82, subdivision 16; repealing
Minnesota Statutes 2004, section 13.04, subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 13.01,
subdivision 1, is amended to read:

Subdivision 1.

Applicability.

All deleted text begin state agencies,
political subdivisions and statewide systems deleted text end new text begin government entities
new text end shall be governed by this chapter.

Sec. 2.

Minnesota Statutes 2004, section 13.01,
subdivision 3, is amended to read:

Subd. 3.

Scope.

This chapter regulates the collection,
creation, storage, maintenance, dissemination, and access to
government data in deleted text begin state agencies, statewide systems, and
political subdivisions deleted text end new text begin government entities new text end . It establishes a
presumption that government data are public and are accessible
by the public for both inspection and copying unless there is
federal law, a state statute, or a temporary classification of
data that provides that certain data are not public.

Sec. 3.

Minnesota Statutes 2004, section 13.02,
subdivision 7, is amended to read:

Subd. 7.

Government data.

"Government data" means all
data collected, created, received, maintained or disseminated by
any deleted text begin state agency, political subdivision, or statewide
system deleted text end new text begin government entity new text end regardless of its physical form,
storage media or conditions of use.

Sec. 4.

Minnesota Statutes 2004, section 13.03,
subdivision 1, is amended to read:

Subdivision 1.

Public data.

All government data
collected, created, received, maintained or disseminated by a
deleted text begin state agency, political subdivision, or statewide
system deleted text end new text begin government entity new text end shall be public unless classified by
statute, or temporary classification pursuant to section 13.06,
or federal law, as nonpublic or protected nonpublic, or with
respect to data on individuals, as private or confidential. The
responsible authority in every deleted text begin state agency, political
subdivision and statewide system deleted text end new text begin government entity new text end shall keep
records containing government data in such an arrangement and
condition as to make them easily accessible for convenient use.
Photographic, photostatic, microphotographic, or microfilmed
records shall be considered as accessible for convenient use
regardless of the size of such records.

Sec. 5.

Minnesota Statutes 2004, section 13.03,
subdivision 2, is amended to read:

Subd. 2.

Procedures.

(a) The responsible authority in
every deleted text begin state agency, political subdivision, and statewide
system deleted text end new text begin government entity new text end shall establish procedures, consistent
with this chapter, to insure that requests for government data
are received and complied with in an appropriate and prompt
manner.

(b) The responsible authority shall prepare public access
procedures in written form and update them no later than August
1 of each year as necessary to reflect any changes in personnel
or circumstances that might affect public access to government
data. The responsible authority shall make copies of the
written public access procedures easily available to the public
by distributing free copies of the procedures to the public or
by posting a copy of the procedures in a conspicuous place
within the government entity that is easily accessible to the
public.

(c) Full convenience and comprehensive accessibility shall
be allowed to researchers including historians, genealogists and
other scholars to carry out extensive research and complete
copying of all records containing government data except as
otherwise expressly provided by law.

A responsible authority may designate one or more designees.

Sec. 6.

Minnesota Statutes 2004, section 13.03,
subdivision 3, is amended to read:

Subd. 3.

Request for access to data.

(a) Upon request to
a responsible authority or designee, a person shall be permitted
to inspect and copy public government data at reasonable times
and places, and, upon request, shall be informed of the data's
meaning. If a person requests access for the purpose of
inspection, the responsible authority may not assess a charge or
require the requesting person to pay a fee to inspect data.

(b) For purposes of this section, "inspection" includes,
but is not limited to, the visual inspection of paper and
similar types of government data. Inspection does not include
printing copies by the government entity, unless printing a copy
is the only method to provide for inspection of the data. In
the case of data stored in electronic form and made available in
electronic form on a remote access basis to the public by the
government entity, inspection includes remote access to the data
by the public and the ability to print copies of or download the
data on the public's own computer equipment. Nothing in this
section prohibits a government entity from charging a reasonable
fee for remote access to data under a specific statutory grant
of authority. A government entity may charge a fee for remote
access to data where either the data or the access is enhanced
at the request of the person seeking access.

(c) The responsible authority or designee shall provide
copies of public data upon request. If a person requests copies
or electronic transmittal of the data to the person, the
responsible authority may require the requesting person to pay
the actual costs of searching for and retrieving government
data, including the cost of employee time, and for making,
certifying, compiling, and electronically transmitting the
copies of the data or the data, but may not charge for
separating public from not public data. If the responsible
authority or designee is not able to provide copies at the time
a request is made, copies shall be supplied as soon as
reasonably possible.

(d) When a request under this subdivision involves any
person's receipt of copies of public government data that has
commercial value and is a substantial and discrete portion of or
an entire formula, pattern, compilation, program, device,
method, technique, process, database, or system developed with a
significant expenditure of public funds by the deleted text begin agency deleted text end new text begin government
entity new text end , the responsible authority may charge a reasonable fee
for the information in addition to the costs of making,
certifying, and compiling the copies. Any fee charged must be
clearly demonstrated by the deleted text begin agency deleted text end new text begin government entity new text end to relate
to the actual development costs of the information. The
responsible authority, upon the request of any person, shall
provide sufficient documentation to explain and justify the fee
being charged.

(e) The responsible authority of a deleted text begin state agency, statewide
system, or political subdivision deleted text end new text begin government entity new text end that
maintains public government data in a computer storage medium
shall provide to any person making a request under this section
a copy of any public data contained in that medium, in
electronic form, if the government entity can reasonably make
the copy or have a copy made. This does not require a
government entity to provide the data in an electronic format or
program that is different from the format or program in which
the data are maintained by the government entity. The entity
may require the requesting person to pay the actual cost of
providing the copy.

(f) If the responsible authority or designee determines
that the requested data is classified so as to deny the
requesting person access, the responsible authority or designee
shall inform the requesting person of the determination either
orally at the time of the request, or in writing as soon after
that time as possible, and shall cite the specific statutory
section, temporary classification, or specific provision of
federal law on which the determination is based. Upon the
request of any person denied access to data, the responsible
authority or designee shall certify in writing that the request
has been denied and cite the specific statutory section,
temporary classification, or specific provision of federal law
upon which the denial was based.

Sec. 7.

Minnesota Statutes 2004, section 13.03,
subdivision 4, is amended to read:

Subd. 4.

Change in classification of data; effect of
dissemination among agencies.

(a) The classification of data in
the possession of an deleted text begin agency deleted text end new text begin entity new text end shall change if it is
required to do so to comply with either judicial or
administrative rules pertaining to the conduct of legal actions
or with a specific statute applicable to the data in the
possession of the disseminating or receiving deleted text begin agency deleted text end new text begin entity new text end .

(b) If data on individuals is classified as both private
and confidential by this chapter, or any other statute or
federal law, the data is private.

(c) To the extent that government data is disseminated to
deleted text begin state agencies, political subdivisions, or statewide systems deleted text end new text begin a
government entity new text end by another deleted text begin state agency, political
subdivision, or statewide system deleted text end new text begin government entity new text end , the data
disseminated shall have the same classification in the hands of
the deleted text begin agency deleted text end new text begin entity new text end receiving it as it had in the hands of the
entity providing it.

(d) If a deleted text begin state agency, statewide system, or political
subdivision deleted text end new text begin government entity new text end disseminates data to another deleted text begin state
agency, statewide system, or political subdivision deleted text end new text begin government
entity new text end , a classification provided for by law in the hands of the
entity receiving the data does not affect the classification of
the data in the hands of the entity that disseminates the data.

Sec. 8.

Minnesota Statutes 2004, section 13.03,
subdivision 5, is amended to read:

Subd. 5.

Copyright or patent of government data.

A deleted text begin state
agency, statewide system, or political subdivision deleted text end new text begin government
entity new text end may enforce a copyright or acquire a patent for a
computer software program or components of a program created by
that government deleted text begin agency deleted text end new text begin entity new text end without statutory authority. In
the event that a government deleted text begin agency deleted text end new text begin entity new text end acquires a patent to a
computer software program or component of a program, the data
shall be treated as trade secret information pursuant to section
13.37.

Sec. 9.

Minnesota Statutes 2004, section 13.03,
subdivision 6, is amended to read:

Subd. 6.

Discoverability of not public data.

If a deleted text begin state
agency, political subdivision, or statewide system deleted text end new text begin government
entity new text end opposes discovery of government data or release of data
pursuant to court order on the grounds that the data are
classified as not public, the party that seeks access to the
data may bring before the appropriate presiding judicial
officer, arbitrator, or administrative law judge an action to
compel discovery or an action in the nature of an action to
compel discovery.

The presiding officer shall first decide whether the data
are discoverable or releasable pursuant to the rules of evidence
and of criminal, civil, or administrative procedure appropriate
to the action.

If the data are discoverable the presiding officer shall
decide whether the benefit to the party seeking access to the
data outweighs any harm to the confidentiality interests of the
deleted text begin agency deleted text end new text begin entity new text end maintaining the data, or of any person who has
provided the data or who is the subject of the data, or to the
privacy interest of an individual identified in the data. In
making the decision, the presiding officer shall consider
whether notice to the subject of the data is warranted and, if
warranted, what type of notice must be given. The presiding
officer may fashion and issue any protective orders necessary to
assure proper handling of the data by the parties. If the data
are a videotape of a child victim or alleged victim alleging,
explaining, denying, or describing an act of physical or sexual
abuse, the presiding officer shall consider the provisions of
section 611A.90, subdivision 2, paragraph (b).

Sec. 10.

Minnesota Statutes 2004, section 13.03,
subdivision 8, is amended to read:

Subd. 8.

Change to classification of data not on
individuals.

Except for security information, nonpublic and
protected nonpublic data shall become public either ten years
after the creation of the data by the government deleted text begin agency deleted text end new text begin entity
new text end or ten years after the data was received or collected by any
governmental deleted text begin agency deleted text end new text begin entity new text end unless the responsible authority for
the originating or custodial deleted text begin agency deleted text end new text begin entity new text end for the data
reasonably determines that, if the data were made available to
the public or to the data subject, the harm to the public or to
a data subject would outweigh the benefit to the public or to
the data subject. If the responsible authority denies access to
the data, the person denied access may challenge the denial by
bringing an action in district court seeking release of the
data. The action shall be brought in the district court located
in the county where the data are being maintained, or, in the
case of data maintained by a state agency, in any county. The
data in dispute shall be examined by the court in camera. In
deciding whether or not to release the data, the court shall
consider the benefits and harms in the same manner as set forth
above. The court shall make a written statement of findings in
support of its decision.

Sec. 11.

Minnesota Statutes 2004, section 13.04,
subdivision 2, is amended to read:

Subd. 2.

Information required to be given individual.

An
individual asked to supply private or confidential data
concerning the individual shall be informed of: (a) the purpose
and intended use of the requested data within the collecting
deleted text begin state agency, political subdivision, or statewide
system deleted text end new text begin government entity new text end ; (b) whether the individual may refuse
or is legally required to supply the requested data; (c) any
known consequence arising from supplying or refusing to supply
private or confidential data; and (d) the identity of other
persons or entities authorized by state or federal law to
receive the data. This requirement shall not apply when an
individual is asked to supply investigative data, pursuant to
section 13.82, subdivision 7, to a law enforcement officer.

Sec. 12.

Minnesota Statutes 2004, section 13.04,
subdivision 4, is amended to read:

Subd. 4.

Procedure when data is not accurate or
complete.

(a) An individual subject of the data may contest the
accuracy or completeness of public or private data. To exercise
this right, an individual shall notify in writing the
responsible authority describing the nature of the
disagreement. The responsible authority shall within 30 days
either: (1) correct the data found to be inaccurate or
incomplete and attempt to notify past recipients of inaccurate
or incomplete data, including recipients named by the
individual; or (2) notify the individual that the authority
believes the data to be correct. Data in dispute shall be
disclosed only if the individual's statement of disagreement is
included with the disclosed data.

The determination of the responsible authority may be
appealed pursuant to the provisions of the Administrative
Procedure Act relating to contested cases. Upon receipt of an
appeal by an individual, the commissioner shall, before issuing
the order and notice of a contested case hearing required by
chapter 14, try to resolve the dispute through education,
conference, conciliation, or persuasion. If the parties
consent, the commissioner may refer the matter to mediation.
Following these efforts, the commissioner shall dismiss the
appeal or issue the order and notice of hearing.

(b) Data on individuals that have been successfully
challenged by an individual must be completed, corrected, or
destroyed by a state agency, political subdivision, or statewide
system without regard to the requirements of section 138.17.

After completing, correcting, or destroying successfully
challenged data, a deleted text begin state agency, political subdivision, or
statewide system deleted text end new text begin government entity new text end may retain a copy of the
commissioner of administration's order issued under chapter 14
or, if no order were issued, a summary of the dispute between
the parties that does not contain any particulars of the
successfully challenged data.

Sec. 13.

Minnesota Statutes 2004, section 13.05,
subdivision 1, is amended to read:

Subdivision 1.

Public document of data categories.

The
responsible authority shall prepare a public document containing
the authority's name, title and address, and a description of
each category of record, file, or process relating to private or
confidential data on individuals maintained by the
authority's deleted text begin state agency, statewide system, or political
subdivision deleted text end new text begin government entity new text end . Forms used to collect private
and confidential data shall be included in the public document.
Beginning August 1, 1977 and annually thereafter, the
responsible authority shall update the public document and make
any changes necessary to maintain the accuracy of the document.
The document shall be available from the responsible authority
to the public in accordance with the provisions of sections
13.03 and 15.17.

Sec. 14.

Minnesota Statutes 2004, section 13.05,
subdivision 4, is amended to read:

Subd. 4.

Limitations on collection and use of data.

Private or confidential data on an individual shall not be
collected, stored, used, or disseminated by deleted text begin political
subdivisions, statewide systems, or state agencies deleted text end new text begin government
entities new text end for any purposes other than those stated to the
individual at the time of collection in accordance with section
13.04, except as provided in this subdivision.

(a) Data collected prior to August 1, 1975, and which have
not been treated as public data, may be used, stored, and
disseminated for the purposes for which the data was originally
collected or for purposes which are specifically approved by the
commissioner as necessary to public health, safety, or welfare.

(b) Private or confidential data may be used and
disseminated to individuals or deleted text begin agencies deleted text end new text begin entities new text end specifically
authorized access to that data by state, local, or federal law
enacted or promulgated after the collection of the data.

(c) Private or confidential data may be used and
disseminated to individuals or deleted text begin agencies deleted text end new text begin entities new text end subsequent to
the collection of the data when the responsible authority
maintaining the data has requested approval for a new or
different use or dissemination of the data and that request has
been specifically approved by the commissioner as necessary to
carry out a function assigned by law.

(d) Private data may be used by and disseminated to any
person or deleted text begin agency deleted text end new text begin entity new text end if the individual subject or subjects of
the data have given their informed consent. Whether a data
subject has given informed consent shall be determined by rules
of the commissioner. The format for informed consent is as
follows, unless otherwise prescribed by the HIPAA, Standards for
Privacy of Individually Identifiable Health Information, 65 Fed.
Reg. 82, 461 (2000) (to be codified as Code of Federal
Regulations, title 45, section 164): informed consent shall not
be deemed to have been given by an individual subject of the
data by the signing of any statement authorizing any person
or deleted text begin agency deleted text end new text begin entity new text end to disclose information about the individual to
an insurer or its authorized representative, unless the
statement is:

(1) in plain language;

(2) dated;

(3) specific in designating the particular persons or
agencies the data subject is authorizing to disclose information
about the data subject;

(4) specific as to the nature of the information the
subject is authorizing to be disclosed;

(5) specific as to the persons or deleted text begin agencies deleted text end new text begin entities new text end to whom
the subject is authorizing information to be disclosed;

(6) specific as to the purpose or purposes for which the
information may be used by any of the parties named in clause
(5), both at the time of the disclosure and at any time in the
future;

(7) specific as to its expiration date which should be
within a reasonable period of time, not to exceed one year
except in the case of authorizations given in connection with
applications for (i) life insurance or noncancelable or
guaranteed renewable health insurance and identified as such,
two years after the date of the policy or (ii) medical
assistance under chapter 256B or MinnesotaCare under chapter
256L, which shall be ongoing during all terms of eligibility,
for individual education plan health-related services provided
by a school district under section 125A.21, subdivision 2.

The responsible authority may require a person requesting
copies of data under this paragraph to pay the actual costs of
making, certifying, and compiling the copies.

(e) Private or confidential data on an individual may be
discussed at a meeting open to the public to the extent provided
in section 13D.05.

Sec. 15.

Minnesota Statutes 2004, section 13.05,
subdivision 6, is amended to read:

Subd. 6.

Contracts.

Except as provided in section 13.46,
subdivision 5, in any contract between a deleted text begin governmental
unit deleted text end new text begin government entity new text end subject to this chapter and any person,
when the contract requires that data on individuals be made
available to the contracting parties by the deleted text begin governmental unit
deleted text end new text begin government entity new text end , that data shall be administered consistent
with this chapter. A contracting party shall maintain the data
on individuals which it received according to the statutory
provisions applicable to the data.

Sec. 16.

Minnesota Statutes 2004, section 13.05,
subdivision 7, is amended to read:

Subd. 7.

Preparation of summary data.

The use of summary
data derived from private or confidential data on individuals
under the jurisdiction of one or more responsible authorities is
permitted. Unless classified pursuant to section 13.06, another
statute, or federal law, summary data is public. The
responsible authority shall prepare summary data from private or
confidential data on individuals upon the request of any person
if the request is in writing and the cost of preparing the
summary data is borne by the requesting person. The responsible
authority may delegate the power to prepare summary data (1) to
the administrative officer responsible for any central
repository of summary data; or (2) to a person outside of deleted text begin its
agency deleted text end new text begin the entity new text end if the person's purpose is set forth, in
writing, and the person agrees not to disclose, and the
deleted text begin agency deleted text end new text begin entity new text end reasonably determines that the access will not
compromise private or confidential data on individuals.

Sec. 17.

Minnesota Statutes 2004, section 13.05,
subdivision 8, is amended to read:

Subd. 8.

Publication of access procedures.

The
responsible authority shall prepare a public document setting
forth in writing the rights of the data subject pursuant to
section 13.04 and the specific procedures in effect in the deleted text begin state
agency, statewide system or political subdivision deleted text end new text begin government
entity new text end for access by the data subject to public or private data
on individuals.

Sec. 18.

Minnesota Statutes 2004, section 13.05,
subdivision 9, is amended to read:

Subd. 9.

Intergovernmental access of data.

A responsible
authority shall allow another responsible authority access to
data classified as not public only when the access is authorized
or required by statute or federal law. An deleted text begin agency deleted text end new text begin entity new text end that
supplies government data under this subdivision may require the
requesting deleted text begin agency deleted text end new text begin entity new text end to pay the actual cost of supplying the
data.

Sec. 19.

Minnesota Statutes 2004, section 13.06,
subdivision 1, is amended to read:

Subdivision 1.

Application to commissioner.

Notwithstanding the provisions of section 13.03, the responsible
authority of a deleted text begin state agency, political subdivision, or statewide
system deleted text end new text begin government entity new text end may apply to the commissioner for
permission to classify data or types of data on individuals as
private or confidential, or data not on individuals as nonpublic
or protected nonpublic, for its own use and for the use of other
similar deleted text begin agencies, political subdivisions, or statewide
systems deleted text end new text begin government entities new text end on a temporary basis until a
proposed statute can be acted upon by the legislature. The
application for temporary classification is public.

Upon the filing of an application for temporary
classification, the data which is the subject of the application
shall be deemed to be classified as set forth in the application
for a period of 45 days, or until the application is
disapproved, rejected, or granted by the commissioner, whichever
is earlier.

If the commissioner determines that an application has been
submitted for purposes not consistent with this section, the
commissioner may immediately reject the application, give notice
of that rejection to the applicant, and return the application.
When the applicant receives the notice of rejection from the
commissioner, the data which was the subject of the application
shall have the classification it had before the application was
submitted to the commissioner.

Sec. 20.

Minnesota Statutes 2004, section 13.06,
subdivision 2, is amended to read:

Subd. 2.

Contents of application for private or
confidential data.

An application for temporary classification
of data on individuals shall include and the applicant shall
have the burden of clearly establishing that no statute
currently exists which either allows or forbids classification
as private or confidential; and either

(a) that data similar to that for which the temporary
classification is sought has been treated as either private or
confidential by other deleted text begin state agencies or political
subdivisions deleted text end new text begin government entities new text end , and by the public; or

(b) that a compelling need exists for immediate temporary
classification, which if not granted could adversely affect the
public interest or the health, safety, well being or reputation
of the data subject.

Sec. 21.

Minnesota Statutes 2004, section 13.06,
subdivision 3, is amended to read:

Subd. 3.

Contents of application for nonpublic or
nonpublic protected data.

An application for temporary
classification of government data not on individuals shall
include and the applicant shall have the burden of clearly
establishing that no statute currently exists which either
allows or forbids classification as nonpublic or protected
nonpublic; and either

(a) that data similar to that for which the temporary
classification is sought has been treated as nonpublic or
protected nonpublic by other deleted text begin state agencies or political
subdivisions deleted text end new text begin government entities new text end , and by the public; or

(b) public access to the data would render unworkable a
program authorized by law; or

(c) that a compelling need exists for immediate temporary
classification, which if not granted could adversely affect the
health, safety or welfare of the public.

Sec. 22.

Minnesota Statutes 2004, section 13.06,
subdivision 4, is amended to read:

Subd. 4.

Procedure when classification affects others.

If the commissioner determines that an application for temporary
classification involves data which would reasonably be
classified in the same manner by all deleted text begin agencies, political
subdivisions, or statewide systems deleted text end new text begin government entities new text end similar
to the one which made the application, the commissioner may
approve or disapprove the classification for data of the kind
which is the subject of the application for the use of
all deleted text begin agencies, political subdivisions, or statewide
systems deleted text end new text begin government entities new text end similar to the applicant. On
deeming this approach advisable, the commissioner shall provide
notice of the proposed action by publication in the State
Register within ten days of receiving the application. Within
30 days after publication in the State Register an
affected deleted text begin agency, political subdivision, deleted text end new text begin government entity or new text end the
public deleted text begin , or statewide system deleted text end may submit comments on the
commissioner's proposal. The commissioner shall consider any
comments received when granting or denying a classification for
data of the kind which is the subject of the application, for
the use of all deleted text begin agencies, political subdivisions, or statewide
systems deleted text end new text begin government entities new text end similar to the applicant. Within 45
days after the close of the period for submitting comment, the
commissioner shall grant or disapprove the application.
Applications processed under this subdivision shall be either
approved or disapproved by the commissioner within 90 days of
the receipt of the application. For purposes of subdivision 1,
the data which is the subject of the classification shall be
deemed to be classified as set forth in the application for a
period of 90 days, or until the application is disapproved or
granted by the commissioner, whichever is earlier. If requested
in the application, or determined to be necessary by the
commissioner, the data in the application shall be so classified
for all deleted text begin agencies, political subdivisions, or statewide
systems deleted text end new text begin government entities new text end similar to the applicant until the
application is disapproved or granted by the commissioner,
whichever is earlier. Proceedings after the grant or
disapproval shall be governed by the provisions of subdivision 5.

Sec. 23.

Minnesota Statutes 2004, section 13.07, is
amended to read:

13.07 DUTIES OF THE COMMISSIONER.

The commissioner shall promulgate rules, in accordance with
the rulemaking procedures in the Administrative Procedure Act
which shall apply to deleted text begin state agencies, statewide systems and
political subdivisions deleted text end new text begin government entities new text end to implement the
enforcement and administration of this chapter. The rules shall
not affect section 13.04, relating to rights of subjects of
data. Prior to the adoption of rules authorized by this section
the commissioner shall give notice to all state agencies and
political subdivisions in the same manner and in addition to
other parties as required by section 14.06 of the date and place
of hearing, enclosing a copy of the rules to be adopted.

Sec. 24.

Minnesota Statutes 2004, section 13.072,
subdivision 4, is amended to read:

Subd. 4.

Data submitted to commissioner.

A deleted text begin state agency,
statewide system, or political subdivision deleted text end new text begin government entity new text end may
submit not public data to the commissioner for the purpose of
requesting or responding to a person's request for an opinion.
Government data submitted to the commissioner by a deleted text begin state agency,
statewide system, or political subdivision deleted text end new text begin government entity new text end or
copies of government data submitted by other persons have the
same classification as the data have when held by the deleted text begin state
agency, statewide system, or political subdivision deleted text end new text begin government
entity new text end . If the nature of the opinion is such that the release
of the opinion would reveal not public data, the commissioner
may issue an opinion using pseudonyms for individuals. Data
maintained by the commissioner, in the record of an opinion
issued using pseudonyms that would reveal the identities of
individuals protected by the use of the pseudonyms, are private
data on individuals.

Sec. 25.

Minnesota Statutes 2004, section 13.073,
subdivision 3, is amended to read:

Subd. 3.

Basic training.

The basic training component
should be designed to meet the basic information policy needs of
all government employees and public officials with a focus on
key data practices laws and procedures that apply to all
government entities. The commissioner should design the basic
training component in a manner that minimizes duplication of the
effort and cost for government entities to provide basic
training. The commissioner may develop general programs and
materials for basic training such as video presentations, data
practices booklets, and training guides. The commissioner may
assist state and local government deleted text begin agencies deleted text end new text begin entities new text end in
developing training expertise within their own deleted text begin agencies deleted text end new text begin entities
new text end and offer assistance for periodic training sessions for this
purpose.

Sec. 26.

Minnesota Statutes 2004, section 13.08,
subdivision 1, is amended to read:

Subdivision 1.

Action for damages.

Notwithstanding
section 466.03, a deleted text begin political subdivision, deleted text end responsible authority deleted text begin ,
statewide system, deleted text end or deleted text begin state agency deleted text end new text begin government entity new text end which
violates any provision of this chapter is liable to a person or
representative of a decedent who suffers any damage as a result
of the violation, and the person damaged or a representative in
the case of private data on decedents or confidential data on
decedents may bring an action against the deleted text begin political subdivision,
deleted text end responsible authority deleted text begin , statewide system deleted text end or deleted text begin state agency
deleted text end new text begin government entity new text end to cover any damages sustained, plus costs and
reasonable attorney fees. In the case of a willful violation,
the deleted text begin political subdivision, statewide system or state
agency deleted text end new text begin government entity new text end shall, in addition, be liable to
exemplary damages of not less than $100, nor more than $10,000
for each violation. The state is deemed to have waived any
immunity to a cause of action brought under this chapter.

Sec. 27.

Minnesota Statutes 2004, section 13.08,
subdivision 2, is amended to read:

Subd. 2.

Injunction.

A deleted text begin political subdivision,
deleted text end responsible authority deleted text begin , statewide system deleted text end or deleted text begin state agency
deleted text end new text begin government entity new text end which violates or proposes to violate this
chapter may be enjoined by the district court. The court may
make any order or judgment as may be necessary to prevent the
use or employment by any person of any practices which violate
this chapter.

Sec. 28.

Minnesota Statutes 2004, section 13.08,
subdivision 5, is amended to read:

Subd. 5.

Immunity from liability.

A deleted text begin state agency,
statewide system, political subdivision, deleted text end new text begin government entity new text end or
person that releases not public data pursuant to an order under
section 13.03, subdivision 6 is immune from civil and criminal
liability.

Sec. 29.

Minnesota Statutes 2004, section 13.32, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Education records; child with disability.
new text end

new text begin Nothing in this chapter shall be construed as limiting the
frequency of inspection of the educational records of a child
with a disability by the child's parent or guardian or by the
child upon the child reaching the age of majority. An agency or
institution may not charge a fee to search for or to retrieve
the educational records. An agency or institution that receives
a request for copies of the educational records of a child with
a disability may charge a fee that reflects the costs of
reproducing the records except when to do so would impair the
ability of the child's parent or guardian, or the child who has
reached the age of majority, to exercise their right to inspect
and review those records.
new text end

Sec. 30.

Minnesota Statutes 2004, section 13.82,
subdivision 16, is amended to read:

Subd. 16.

Public access.

When data is classified as
public under this section, a law enforcement agency shall not be
required to make the actual physical data available to the
public if it is not administratively feasible to segregate the
public data from the deleted text begin confidential deleted text end new text begin not public new text end . However, the
agency must make the information described as public data
available to the public in a reasonable manner. When
investigative data becomes inactive, as described in subdivision
7, the actual physical data associated with that investigation,
including the public data, shall be available for public access.

Sec. 31. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 13.04, subdivision 5, is
repealed.
new text end