HF 2886

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to economic security; modifying provisions on 
  1.3             collection of data; amending Minnesota Statutes 1997 
  1.4             Supplement, section 268.19. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.7   268.19, is amended to read: 
  1.8      268.19 [INFORMATION.] 
  1.9      (a) Except as hereinafter otherwise provided, data gathered 
  1.10  from any employing unit employer or individual pursuant to the 
  1.11  administration of sections 268.03 to 268.23, and from any 
  1.12  determination as to the benefit rights of any individual are 
  1.13  private data on individuals or nonpublic data not on individuals 
  1.14  as defined in section 13.02, subdivisions 9 and 12, and may not 
  1.15  be disclosed except pursuant to a court order or section 13.05.  
  1.16  These data may be disseminated to and used by the following 
  1.17  agencies without the consent of the subject of the data:  
  1.18     (a) (1) state and federal agencies specifically authorized 
  1.19  access to the data by state or federal law; 
  1.20     (b) (2) any agency of this Minnesota or any other state; or 
  1.21  any federal agency charged with the administration of an 
  1.22  employment security law or the maintenance of a system of public 
  1.23  employment offices; 
  1.24     (c) local (3) human rights groups agencies within the 
  1.25  state Minnesota which have enforcement powers; 
  2.1      (d) (4) the department of revenue shall have access to 
  2.2   department of economic security private data on individuals and 
  2.3   nonpublic data not on individuals only to the extent necessary 
  2.4   for enforcement of Minnesota tax laws; 
  2.5      (e) (5) public and private agencies responsible for 
  2.6   administering publicly financed assistance programs for the 
  2.7   purpose of monitoring the eligibility of the program's 
  2.8   recipients; 
  2.9      (f) (6) the department of labor and industry on an 
  2.10  interchangeable basis with the department of economic security 
  2.11  subject to the following limitations and notwithstanding any law 
  2.12  to the contrary:  
  2.13     (1) (i) the department of economic security shall have 
  2.14  access to private data on individuals and nonpublic data not on 
  2.15  individuals for uses consistent with the administration of its 
  2.16  duties under sections 268.03 to 268.23; and 
  2.17     (2) (ii) the department of labor and industry shall have 
  2.18  access to private data on individuals and nonpublic data not on 
  2.19  individuals for uses consistent with the administration of its 
  2.20  duties under state Minnesota law; 
  2.21     (g) (7) the department of trade and economic development 
  2.22  may have access to private data on individual employing units 
  2.23  employers and nonpublic data not on individual employing units 
  2.24  employers for its internal use only; when received by the 
  2.25  department of trade and economic development, the data remain 
  2.26  private data on individuals or nonpublic data; 
  2.27     (h) (8) local and state welfare agencies for monitoring the 
  2.28  eligibility of the data subject for assistance programs, or for 
  2.29  any employment or training program administered by those 
  2.30  agencies, whether alone, in combination with another welfare 
  2.31  agency, or in conjunction with the department of economic 
  2.32  security; 
  2.33     (i) (9) local, state, and federal law enforcement agencies 
  2.34  for the sole purpose of ascertaining the last known address and 
  2.35  employment location of the data subject, provided the data 
  2.36  subject is the subject of a criminal investigation; and 
  3.1      (j) (10) the department of health may have access to 
  3.2   private data on individuals and nonpublic data not on 
  3.3   individuals solely for the purposes of epidemiologic 
  3.4   investigations.  
  3.5      (b) Data on individuals and employing units employers which 
  3.6   are collected, maintained, or used by the department in an 
  3.7   investigation pursuant to section 268.182 are confidential as to 
  3.8   data on individuals and protected nonpublic data not on 
  3.9   individuals as defined in section 13.02, subdivisions 3 and 13, 
  3.10  and shall not be disclosed except pursuant to statute or court 
  3.11  order or to a party named in a criminal proceeding, 
  3.12  administrative or judicial, for preparation of a defense.  
  3.13     (c) Tape recordings and transcripts of recordings of 
  3.14  proceedings conducted in accordance with section 268.105 and 
  3.15  exhibits received into evidence at those proceedings are private 
  3.16  data on individuals and nonpublic data not on individuals and 
  3.17  shall be disclosed only pursuant to the administration of 
  3.18  section 268.105, or pursuant to a court order.  
  3.19     Aggregate data about employers compiled from individual job 
  3.20  orders placed with the department of economic security are 
  3.21  private data on individuals and nonpublic data not on 
  3.22  individuals as defined in section 13.02, subdivisions 9 and 12, 
  3.23  if the commissioner determines that divulging the data would 
  3.24  result in disclosure of the identity of the employer.  
  3.25     (d) The department may disseminate, for noncommercial use, 
  3.26  an employer's name, address, industry code, occupations 
  3.27  employed, and the number of employees by ranges of not less than 
  3.28  100 for the purpose of assisting individuals in obtaining 
  3.29  employment. 
  3.30     (e) The general aptitude test battery and the nonverbal 
  3.31  aptitude test battery as administered by the department are also 
  3.32  classified as private data on individuals or nonpublic data.  
  3.33     (f) Data on individuals collected, maintained, or created 
  3.34  because an individual applies for benefits or services provided 
  3.35  by the energy assistance and weatherization programs 
  3.36  administered by the department of economic security is private 
  4.1   data on individuals and shall not be disseminated except 
  4.2   pursuant to section 13.05, subdivisions 3 and 4.  
  4.3      (g) Data gathered by the department pursuant to the 
  4.4   administration of sections 268.03 to 268.23 shall not be made 
  4.5   the subject or the basis for any suit in any civil proceedings, 
  4.6   administrative or judicial, unless the action is initiated by 
  4.7   the department.