HF 3487

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

A bill for an act
relating to government data practices; classifying data; providing civil remedies;
providing penalties; amending Minnesota Statutes 2004, sections 13.7905,
subdivision 2; 13.791, subdivision 1; 175.10; 175.16, by adding a subdivision;
176.138; 176.181, subdivision 8; 176.186; 176.231, subdivision 9; 176.391,
subdivision 3; Minnesota Statutes 2005 Supplement, sections 168.346,
subdivision 1; 171.12, subdivision 7; 325E.59, subdivisions 1, 3, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapters
168; 171; 175; 325F; repealing Minnesota Statutes 2004, sections 13.7905,
subdivision 3; 176.231, subdivision 8; 176.401; 176.421, subdivision 7;
Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 13.7905, subdivision 2, is amended to read:

Subd. 2.

Department of Labor and Industry new text begin ; workers' compensation data new text end .

(a)
deleted text begin Workers' Compensation Division deleted text end new text begin Disclosure new text end . Disclosure of deleted text begin proceedings of the Workers'
Compensation Division deleted text end new text begin workers' compensation data new text end is governed by section .

(b) Computer access to data. Computer access to and electronic data interchange of
data maintained by the Department of Labor and Industry are governed by section 175.171.

(c) Reporters. Disclosure of the names of certain persons supplying information to
the Department of Labor and Industry is prohibited by sections 175.24 and 175.27.

Sec. 2.

Minnesota Statutes 2004, section 13.791, subdivision 1, is amended to read:

Subdivision 1.

General.

Unless the data is summary data or is otherwise classified
by deleted text begin statute deleted text end new text begin section 175.40 new text end or federal law, all data collected and maintained by the
Department of Labor and Industry or the Department of Employment and Economic
Development that pertain to individuals applying for or receiving rehabilitation services is
private data on individuals.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 168.346, subdivision 1, is
amended to read:

Subdivision 1.

Vehicle registration data; federal compliance.

(a) Data on an
individual provided to register a vehicle new text begin are private data, new text end shall be treated as provided by
United States Code, title 18, section 2721, as in effect on May 23, 2005, and shall be
disclosed as required or permitted by new text begin clauses (1), (3) to (7), and (9) of new text end that section.

(b) The registered owner of a vehicle who is an individual may consent in writing to
the commissioner to disclose the individual's personal information exempted by United
States Code, title 18, section 2721, to any person who makes a written request for the
personal information. If the registered owner is an individual and so authorizes disclosure,
the commissioner shall implement the request.

(c) If authorized by the registered owner as indicated in paragraph (b), the registered
owner's personal information may be used, rented, or sold solely for bulk distribution by
organizations for business purposes including surveys, marketing, or solicitation.

new text begin (d) A recipient of data from the commissioner under this subdivision must not resell
or redisclose the data. Providing data pursuant to a contract that was the purpose of a
request for data under this subdivision is not prohibited by this paragraph.
new text end

new text begin (e) A person who requests disclosure of data under paragraph (a) must state the data
elements needed and the reason each element is needed and may receive only those data
elements needed to accomplish the purpose of the request. A person requesting data
on 500 or more individuals must document compliance with data security measures as
required by the commissioner. The commissioner may implement a system for tracking
the sale or disclosure of personal information described in paragraph (a) both from the
commissioner and by those who receive personal information from the commissioner or
periodic audits of recipients. The commissioner may audit activities of recipients of
personal information under paragraph (a) with regard to that information. Persons who
receive personal information from the commissioner must cooperate with all compliance
activities. To fund compliance activities, the commissioner is authorized to charge an
additional fee of $....... that is continuously appropriated to the Department of Public
Safety to fund the activities described in this paragraph.
new text end

Sec. 4.

new text begin [168.348] PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Receipt. new text end

new text begin A person who receives personal information pursuant to
section 168.346, subdivision 1, knowing that the person does not meet the requirements of
that section, is guilty of a misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Resale or redisclosure. new text end

new text begin A person who receives personal information
pursuant to section 168.346, subdivision 1, and knowingly resells or rediscloses the
personal information in violation of that section, is guilty of a misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Multiple violations. new text end

new text begin A person who knowingly violates the provisions of
section 168.346, subdivision 1, two or more times is guilty of a gross misdemeanor.
new text end

new text begin Subd. 4. new text end

new text begin Civil penalty. new text end

new text begin A person who knowingly violates the provisions of section
168.346, subdivision 1, is subject to a civil penalty of $5,000 per violation.
new text end

Sec. 5.

Minnesota Statutes 2005 Supplement, section 171.12, subdivision 7, is
amended to read:

Subd. 7.

Privacy of data.

(a) deleted text begin Data on individuals deleted text end new text begin Personal information and highly
restrictive personal information, as defined in United States Code, title 18, section 2725(3)
and (4), new text end provided to obtain a driver's license or Minnesota identification card new text begin is private
data on individuals and new text end shall be treated as provided by United States Code, title 18, section
2721, as in effect on deleted text begin May 23, 2005 deleted text end new text begin March 9, 2006 new text end , and shall be disclosed as required new text begin by
paragraph (b) of United States Code, title 18, section 2721 new text end or new text begin as new text end permitted by new text begin paragraph
(b), clauses (1), (3) to (7), and (9) of new text end that section.

deleted text begin (b) An applicant for a driver's license or a Minnesota identification card may
consent, in writing, to the commissioner to disclose the applicant's personal information
exempted by United States Code, title 18, section 2721, to any person who makes a request
for the personal information. If the applicant so authorizes disclosures, the commissioner
shall implement the request and the information may be used.
deleted text end

deleted text begin (c) If authorized by an applicant for a driver's license or a Minnesota identification
card, as indicated in paragraph (b), the applicant's personal information may be used,
rented, or sold solely for bulk distribution by organizations for business purposes,
including surveys, marketing, or solicitation.
deleted text end

deleted text begin (d) deleted text end new text begin (b) new text end An applicant for a driver's license, instruction permit, or Minnesota
identification card may request that the applicant's residence address be classified
as "private data on individuals," as defined in section 13.02, subdivision 12. The
commissioner shall grant the classification on receipt of a signed statement by the
individual that the classification is required for the safety of the applicant or the applicant's
family, if the statement also provides a valid, existing address where the applicant
consents to receive service of process. The commissioner shall use the service for
process mailing address in place of the residence address in all documents and notices
pertaining to the driver's license, instruction permit, or Minnesota identification card. The
residence address and any information provided in the classification request, other than the
mailing address, are private data on individuals and may be provided to requesting law
enforcement agencies, probation and parole agencies, and public authorities, as defined
in section 518.54, subdivision 9.

new text begin (c) A recipient of data from the commissioner under this subdivision may use the
data only for the purpose for which it was obtained and the recipient must not resell or
redisclose the data.
new text end

new text begin (d) A person who requests disclosure of data under paragraph (a) must identify the
data elements requested and the reason each element is needed and may receive only those
data elements needed to accomplish the purpose of the request. A person requesting data
on 500 or more individuals must document compliance with data security measures as
required by the commissioner. The commissioner may implement a system for tracking
the sale or disclosure of personal information described in paragraph (a) both from the
commissioner and by those who receive personal information from the commissioner or
periodic audits of recipients. The commissioner may audit activities of recipients of
personal information under paragraph (a) with regard to that information. Persons who
receive personal information from the commissioner must cooperate with all compliance
activities. To fund compliance activities, the commissioner is authorized to charge an
additional fee of $....... that is continuously appropriated to the Department of Public
Safety to fund the activities described in this paragraph.
new text end

Sec. 6.

new text begin [171.125] PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Receipt. new text end

new text begin A person who receives personal information pursuant to
section 171.12, subdivision 7, knowing that the person does not meet the requirements of
that section, is guilty of a misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Resale or redisclosure. new text end

new text begin A person who receives personal information
pursuant to section 171.12, subdivision 7, and knowingly resells or rediscloses the
personal information in violation of that section, is guilty of a misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Multiple violations. new text end

new text begin A person who knowingly violates the provisions of
section 171.12, subdivision 7, two or more times is guilty of a gross misdemeanor.
new text end

new text begin Subd. 4. new text end

new text begin Additional penalty. new text end

new text begin A person who knowingly violates the provisions of
section 171.12, subdivision 7, is subject to a civil penalty of $5,000 per violation.
new text end

Sec. 7.

Minnesota Statutes 2004, section 175.10, is amended to read:

175.10 deleted text begin SESSIONS TO BE PUBLIC deleted text end new text begin HOURS OF OPERATION new text end .

The Department of Labor and Industry shall be open for the transaction of business
during all business hours of each and every day, excepting Saturdays, Sundays and legal
holidays. deleted text begin The hearings of the Workers' Compensation Division are open to the public and
may be adjourned from time to time. All the proceedings of the division shall be shown
on its records, which are public records.
deleted text end

Sec. 8.

Minnesota Statutes 2004, section 175.16, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Use of department data. new text end

new text begin (a) Employees of the Department of Labor
and Industry may have access to and may use any data collected, created, received,
maintained, or disseminated by the department if the data will assist them in performing
their responsibilities. The department may use the data in any administrative, criminal,
or civil proceeding.
new text end

new text begin (b) Workers' compensation claim or injury data and data related to a department
enforcement action or investigation may be referred to another state agency as part of a
state investigation.
new text end

new text begin (c) Data related to enforcement actions or investigations initiated by the department
may be released to the public or a person when the department in its discretion determines
it is in the public interest.
new text end

new text begin (d) The terms used in this subdivision have the following meanings for purposes
of this subdivision:
new text end

new text begin (1) "Enforcement action" is a proceeding initiated by the commissioner, board, or
panel that may result in a penalty, fine, or sanction for violation of laws enforced by the
commissioner or an order for compliance with laws enforced by the commissioner.
new text end

new text begin (2) "Investigation" includes an inspection, investigation, audit, review, and
examination.
new text end

Sec. 9.

new text begin [175.40] WORKERS' COMPENSATION DATA.
new text end

new text begin Subdivision 1. new text end

new text begin General standard for workers' compensation data.
new text end

new text begin Notwithstanding any contrary provision in this chapter, chapter 13, or chapter 176, all data
collected, created, received, maintained, or disseminated by the department, the Office
of Administrative Hearings, or the Workers' Compensation Court of Appeals related
to a workers' compensation claim or injury, or related to a department investigation or
enforcement action under chapter 176, are classified as protected nonpublic data pursuant
to section 13.02, subdivision 13, in the case of data not on individuals, and confidential
data pursuant to section 13.01, subdivision 3, in the case of data on individuals, except as
provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin The terms used in this section have the following meanings
for purposes of this section:
new text end

new text begin (a) "Commissioner," for purposes of this section, means the commissioner of the
department and persons employed by, or under contract with, the department to perform
the responsibilities specified under chapter 176.
new text end

new text begin (b) "Board" means the Medical Services Review Board established under section
176.103.
new text end

new text begin (c) "Confidential data" has the meaning given in section 13.02, subdivision 3.
new text end

new text begin (d) "Department" means the Department of Labor and Industry.
new text end

new text begin (e) "Division file" means the official paper or imaged file (1) created and maintained
by the department to retain data related to an employee's claim or injury under chapter 176,
and (2) used by the Office of Administrative Hearings and the Workers' Compensation
Court of Appeals in litigated cases. It does not include data in the special compensation
fund imaged or paper files.
new text end

new text begin (f) "Enforcement action" is a proceeding initiated by the commissioner, board, or
panel that may result in a penalty, fine, or sanction for violation of chapter 176, or an order
for compliance with chapter 176.
new text end

new text begin (g) "Investigation" includes an investigation, inspection, audit, file review, and
examination performed by the commissioner to administer and enforce laws related to
workers' compensation.
new text end

new text begin (h) "Not public data" has the meaning given in section 13.02, subdivision 8a.
new text end

new text begin (i) "Panel" means the Rehabilitation Review Panel established under section 176.102.
new text end

new text begin (j) "Person" means an individual, limited liability company, corporation, partnership,
incorporated or unincorporated association, sole proprietorship, joint stock company,
or any other legal or commercial entity.
new text end

new text begin (k) "Private data" has the meaning given in section 13.02, subdivision 12.
new text end

new text begin (l) "Protected nonpublic data" has the meaning given in section 13.02, subdivision
13.
new text end

new text begin (m) "Public data" means public data on individuals as defined in section 13.02,
subdivision 10, or public data not on individuals as defined in section 13.02, subdivision
14.
new text end

new text begin Subd. 3. new text end

new text begin Employment and insurance data. new text end

new text begin The following workers' compensation
insurance coverage data collected, created, received, maintained, or disseminated by the
department, or by an entity with whom the department has contracted pursuant to section
176.185, subdivision 10, is public data:
new text end

new text begin (1) historical and recent action on an insurance policy, such as a new policy,
correction, binder, reinstatement, expiration, cancellation, termination, or notice of intent
to provide insurance;
new text end

new text begin (2) the employer's legal name;
new text end

new text begin (3) every "doing business as" name used by the employer;
new text end

new text begin (4) the employer's legal form of ownership, such as corporation, partnership, limited
partnership, or government entity, and the names of all owners and partners including, for
limited partnerships, the names of general partners;
new text end

new text begin (5) the employer's complete mailing address, including zip code;
new text end

new text begin (6) the nature of the employer's business;
new text end

new text begin (7) the policy number;
new text end

new text begin (8) the effective and expiration dates of the policy;
new text end

new text begin (9) the name of the insurance carrier;
new text end

new text begin (10) the insurance carrier office issuing the policy;
new text end

new text begin (11) the type of cancellation, if applicable;
new text end

new text begin (12) the reason for cancellation, if applicable;
new text end

new text begin (13) the effective date of cancellation, if applicable;
new text end

new text begin (14) every employer's federal employer identification number and unemployment
account number; and
new text end

new text begin (15) any exclusion from coverage that has been filed with the Department of Labor
and Industry under section 176.041.
new text end

new text begin Subd. 4. new text end

new text begin Workers' compensation file data. new text end

new text begin Data in the workers' compensation
division file may be released as follows:
new text end

new text begin (1) without an authorization: to the employee; the dependents of a deceased
employee; the employer and insurer for the claim or injury; and the commissioner, the
Office of Administrative Hearings, and the Workers' Compensation Court of Appeals as
needed to perform responsibilities under chapter 176;
new text end

new text begin (2) to a person who has been authorized to examine the file by the employee, or the
dependents of a deceased employee, or to a person who is authorized to act on behalf
of the employer or the insurer in performing the responsibilities under chapter 176.
Authorizations must meet the requirements established by the commissioner; and
new text end

new text begin (3) as provided in subdivisions 5, 6, and 7.
new text end

new text begin Subd. 5. new text end

new text begin Research and statistical data. new text end

new text begin (a) The department, Office of
Administrative Hearings, and the Workers' Compensation Court of Appeals may not
release summary data, notwithstanding sections 13.02, subdivision 19, and 13.05,
subdivision 7, unless it meets the requirements of this subdivision. These agencies may, at
each agency??a??a??s discretion, release workers' compensation claims and injury, investigative,
and enforcement data as follows:
new text end

new text begin (1) the agency may make public aggregate statistics it has prepared for uses
consistent with its responsibilities under Minnesota law;
new text end

new text begin (2) the agency may prepare and make public aggregate statistics upon the request of
any person if the request is in writing and the cost of preparing the aggregate statistics is
borne by the requesting person; and
new text end

new text begin (3) the Department of Labor and Industry may release workers' compensation claims
and injury, investigative, and enforcement data to an academic researcher at a university
or college if all of the following requirements are satisfied:
new text end

new text begin (i) the researcher's purpose is set forth in writing;
new text end

new text begin (ii) the research purpose cannot reasonably be accomplished without access to
data which is specific to a person;
new text end

new text begin (iii) the data will not be used for the purpose of contacting a person to participate
in the research;
new text end

new text begin (iv) the research has been approved by the university's or college's Institutional
Review Board;
new text end

new text begin (v) the department approves conditions governing security and confidentiality; the
removal or destruction of the data, except aggregate statistics, at the earliest reasonable
time; and the prohibition of any subsequent use or disclosure of the data, except aggregate
statistics, without the express authorization of the department; and
new text end

new text begin (vi) the researcher signs an agreement to comply with the conditions of this
subdivision and any other condition the agency deems necessary to ensure that the data is
used only in accordance with this subdivision.
new text end

new text begin The department is not liable for the researcher's breach of the conditions in this
clause.
new text end

new text begin (b) For purposes of this subdivision:
new text end

new text begin (1) "Aggregate statistics" includes, but is not limited to, averages, totals, standard
deviations, regression parameters, and similar numbers that summarize information
from multiple records. An aggregate statistic must include at least one measurement or
observation from each of at least five members of the population being analyzed. No one
member of the population can account for more than 60 percent of the aggregate statistic.
new text end

new text begin (2) "Accredited university or college" means a college or university that meets at
least one of these criteria:
new text end

new text begin (i) accredited by an accreditor recognized by the Council on Higher Education
Accreditation or the United States Department of Education;
new text end

new text begin (ii) listed in the Commonwealth Universities Yearbook;
new text end

new text begin (iii) listed in UNESCO's Handbook of Universities;
new text end

new text begin (iv) listed in the World Education Series published by Project in International
Education Research (PIER); or
new text end

new text begin (v) listed by the Australian Qualifications Framework.
new text end

new text begin (3) "Academic researcher" means a graduate student or employee on the teaching or
research staff of an accredited university or college conducting research intended for a
graduate dissertation or publication in a peer-reviewed scholarly journal.
new text end

new text begin (4) "Institutional review board" means a committee of university or college faculty,
staff, and students that reviews research projects that involve human subjects to ensure
that appropriate ethical and professional standards are met.
new text end

new text begin Subd. 6. new text end

new text begin Workers' compensation dispute resolution data. new text end

new text begin (a) Hearings and the
current calendar of scheduled hearings before compensation judges and administrative
law judges at the Office of Administrative Hearings, the Workers' Compensation Court
of Appeals, the board, and the panel, are public and may be posted at the site of the
proceeding, except for employee Social Security numbers. The daily schedule of other
workers' compensation proceedings, except for employee Social Security numbers, may
also be posted at the site of the proceeding, but is not otherwise public.
new text end

new text begin (b) The following data is public data:
new text end

new text begin (1) decisions, orders, findings, conclusions, awards, and memoranda that are issued
by compensation judges following evidentiary hearings at the Office of Administrative
Hearings, except for the employee's Social Security numbers;
new text end

new text begin (2) decisions, orders, findings, conclusions, recommendations and memoranda that
are contained in a report issued by administrative law judges following evidentiary
hearings at the Office of Administrative Hearings;
new text end

new text begin (3) decisions, orders, awards, and memoranda that are issued by the Workers'
Compensation Court of Appeals under section 176.421; and
new text end

new text begin (4) decisions, orders, findings, conclusions, and memoranda that are issued by the
board and panel under sections 176.103 and 176.102.
new text end

new text begin (c) Workers' compensation litigation data is data that is filed with the department,
the Office of Administrative Hearings, or the Workers' Compensation Court of Appeals
by a party to the litigation or data served on a party to the case. Workers' compensation
litigation data may be released as provided in subdivision 4, clauses (1) and (2). Workers'
compensation litigation data may also be released to a person who is authorized to act on
behalf of an intervenor in the litigation.
new text end

new text begin Subd. 7. new text end

new text begin Investigative and enforcement data. new text end

new text begin (a) In addition to enforcement data
that is public data under subdivision 6, the following data is public after becoming final:
decisions, orders, awards, findings, reports, conclusions, memoranda, and stipulations or
settlement agreements in enforcement actions initiated by the commissioner, board, or
panel, except for the names and Social Security numbers of employees. For purposes of
this subdivision, "final" means that:
new text end

new text begin (1) no request for hearing has been filed in the manner and within the time provided
by law;
new text end

new text begin (2) an objection or request for hearing has been withdrawn;
new text end

new text begin (3) a settlement agreement or stipulation resolving all or part of the matter has
been signed by all parties; and
new text end

new text begin (4) all appeals have been exhausted or waived.
new text end

new text begin (b) Data related to enforcement actions or investigations under chapter 176 is
available to the employee, employer, or insurer who is a party to a workers' compensation
claim if the commissioner maintains the data in the division file.
new text end

new text begin (c) Data may be disclosed as permitted by sections 176.181, subdivision 8; 176.130;
176.184; 176.231, subdivision 9; 176.234; 176.194; 176.195; 176.222; 176.223; 176.862;
and 176.16, subdivision 1a.
new text end

Sec. 10.

Minnesota Statutes 2004, section 176.138, is amended to read:

176.138 MEDICAL DATA; ACCESS.

(a) Notwithstanding any other state laws related to the privacy of medical data or
any private agreements to the contrary, the release in writing, by telephone discussion, or
otherwise of medical data related to a current claim for compensation under this chapter to
the employee, employer, or insurer who are parties to the claim, or to the Department of
Labor and Industry, shall not require prior approval of any party to the claim. This section
does not preclude the release of medical data under section deleted text begin 175.10 or deleted text end new text begin 175.40 and new text end 176.231,
subdivision 9. Requests for pertinent data shall be made, and the date of discussions
with medical providers about medical data shall be confirmed, in writing to the person
or organization that collected or currently possesses the data. Written medical data that
exists at the time the request is made shall be provided by the collector or possessor within
seven working days of receiving the request. Nonwritten medical data may be provided,
but is not required to be provided, by the collector or possessor. In all cases of a request
for the data or discussion with a medical provider about the data, except when it is the
employee who is making the request, the employee shall be sent written notification of the
request by the party requesting the data at the same time the request is made or a written
confirmation of the discussion. This data shall be treated as private data by the party who
requests or receives the data and the party receiving the data shall provide the employee or
the employee's attorney with a copy of all data requested by the requester.

(b) Medical data which is not directly related to a current injury or disability shall
not be released without prior authorization of the employee.

(c) The commissioner may impose a penalty of up to $600 payable to the
commissioner for deposit in the assigned risk safety account against a party who does not
timely release data as required in this section. A party who does not treat this data as
private pursuant to this section is guilty of a misdemeanor. This paragraph applies only to
written medical data which exists at the time the request is made.

(d) Workers' compensation insurers and self-insured employers may, for the sole
purpose of identifying duplicate billings submitted to more than one insurer, disclose to
health insurers, including all insurers writing insurance described in section 60A.06,
subdivision 1, clause (5)(a), nonprofit health service plan corporations subject to chapter
62C, health maintenance organizations subject to chapter 62D, and joint self-insurance
employee health plans subject to chapter 62H, computerized information about dates,
coded items, and charges for medical treatment of employees and other medical billing
information submitted to them by an employee, employer, health care provider, or other
insurer in connection with a current claim for compensation under this chapter, without
prior approval of any party to the claim. The data may not be used by the health insurer
for any other purpose whatsoever and must be destroyed after verification that there has
been no duplicative billing. Any person who is the subject of the data which is used in
a manner not allowed by this paragraph has a cause of action for actual damages and
punitive damages for a minimum of $5,000.

Sec. 11.

Minnesota Statutes 2004, section 176.181, subdivision 8, is amended to read:

Subd. 8.

Data sharing.

(a) The Departments of Labor and Industry, Employment
and Economic Development, Human Services, Agriculture, Transportation, and Revenue
are authorized to share information regarding the employment status of individuals,
including but not limited to new text begin Social Security numbers and new text end payroll and withholding and
income tax information, and may use that information for purposes consistent with
this section and regarding the employment or employer status new text begin and federal employer
identification numbers new text end of individuals, partnerships, limited liability companies,
corporations, or employers, including, but not limited to, general contractors, intermediate
contractors, and subcontractors. The commissioner shall request data in writing and
the responding department shall respond to the request by producing the requested data
within 30 days.

(b) The commissioner is authorized to inspect and to order the production of all
payroll and other business records and documents of any alleged employer in order to
determine the employment status of persons and compliance with this section. If any
person or employer refuses to comply with such an order, the commissioner may apply
to the district court of the county where the person or employer is located for an order
compelling production of the documents.

Sec. 12.

Minnesota Statutes 2004, section 176.186, is amended to read:

176.186 RECORDS FROM OTHER STATE AGENCIES.

Notwithstanding any other state law to the contrary except chapter 270B,
the commissioner may obtain from the Department of Employment and Economic
Development, and Office of the Secretary of State, or any other state agency, upon request,
names or lists of employers doing business in the state. deleted text begin This information shall be treated
by the commissioner in the manner provided by chapter 13 and shall be used only for
insurance verification by the commissioner.
deleted text end

Sec. 13.

Minnesota Statutes 2004, section 176.231, subdivision 9, is amended to read:

Subd. 9.

deleted text begin Uses which may be made of deleted text end Reports new text begin to Department of Revenue and
Workers' Compensation Reinsurance Association new text end .

Reports filed with the commissioner
under this section deleted text begin may be used in hearings held under this chapter, and for the purpose of
state investigations and for statistics. These reports deleted text end are available to the Department of
Revenue for use in enforcing Minnesota income tax and property tax refund laws, and the
information shall be protected as provided in chapter 270B.

deleted text begin The division or Office of Administrative Hearings or Workers' Compensation Court
of Appeals may permit the examination of its file by the employer, insurer, employee, or
dependent of a deceased employee or any person who furnishes written authorization to do
so from the employer, insurer, employee, or dependent of a deceased employee. deleted text end Reports
filed under this section and other information the commissioner has regarding injuries or
deaths shall be made available to the Workers' Compensation Reinsurance Association for
use by the association in carrying out its responsibilities under chapter 79.

Sec. 14.

Minnesota Statutes 2004, section 176.391, subdivision 3, is amended to read:

Subd. 3.

Reports.

The report of a physician, surgeon, or other expert shall be filed
with the commissioner and the compensation judge assigned to the matter if any. The
report shall be made a part of the record of the case deleted text begin and be open to inspection as such deleted text end .

Sec. 15.

Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 1, is
amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end A person or entity, not including a government entity,
may not do any of the following:

(1) publicly post or publicly display in any manner an individual's Social Security
number. "Publicly post" or "publicly display" means to intentionally communicate or
otherwise make available to the general public;

(2) print an individual's Social Security number on any card required for the
individual to access products or services provided by the person or entity;

(3) require an individual to transmit the individual's Social Security number over the
Internet, unless the connection is secure or the Social Security number is encrypted;

(4) require an individual to use the individual's Social Security number to access an
Internet Web site, unless a password or unique personal identification number or other
authentication device is also required to access the Internet Web site; deleted text begin or
deleted text end

(5) print a number that the person or entity knows to be an individual's Social
Security number on any materials that are mailed to the individual, unless state or federal
law requires the Social Security number to be on the document to be mailed. If, in
connection with a transaction involving or otherwise relating to an individual, a person
or entity receives a number from a third party, that person or entity is under no duty to
inquire or otherwise determine whether the number is or includes that individual's Social
Security number and may print that number on materials mailed to the individual, unless
the person or entity receiving the number has actual knowledge that the number is or
includes the individual's Social Security number deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) assign or use a number as an account identifier that is identical to or incorporates
an individual's Social Security number; or
new text end

new text begin (7) sell or redisclose Social Security numbers obtained from individuals in the
course of business.
new text end

new text begin (b) new text end Notwithstanding new text begin paragraph (a), new text end clauses (1) to (5), Social Security numbers may
be included in applications and forms sent by mail, including documents sent as part of
an application or enrollment process, or to establish, amend, or terminate an account,
contract, or policy, or to confirm the accuracy of the Social Security number. Nothing in
this paragraph authorizes inclusion of a Social Security number on the outside of a mailing.

new text begin (c) A person or entity, not including a government entity, must restrict access to
individual Social Security numbers it holds so that only employees who require the
numbers in order to perform their job duties have access to the numbers.
new text end

deleted text begin Except as provided in subdivision 2, deleted text end new text begin (d) new text end This section applies only to the use of Social
Security numbers on or after July 1, 2007.

Sec. 16.

Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 3, is
amended to read:

Subd. 3.

Coordination with other law.

This section does not prevent new text begin : new text end

new text begin (1) new text end the collection, use, or release of a Social Security number as required by
state or federal law new text begin ; new text end or deleted text begin the use of a Social Security number for internal verification or
administrative purposes.
deleted text end

new text begin (2) the use of a Social Security number to access a credit report for purposes allowed
by the federal Fair Credit Reporting Act, United States Code, title 15, section 1681a, if a
Social Security number is required in order to access the credit report.
new text end

Sec. 17.

Minnesota Statutes 2005 Supplement, section 325E.59, is amended by adding
a subdivision to read:

new text begin Subd. 6. new text end

new text begin Penalties. new text end

new text begin (a) A violation of this section is a gross misdemeanor punishable
by a sentence of up to one year, a fine of $3,000, or both.
new text end

new text begin (b) Each subsequent violation is a felony punishable by a sentence of up to five
years, a fine of $5,000, or both.
new text end

new text begin (c) A violation of this section is subject to a $5,000 civil penalty.
new text end

new text begin (d) A violation of this section is a deceptive trade practice under section 325D.44.
new text end

new text begin (e) An individual aggrieved by a violation of this section may bring a civil action
to recover damages, costs, and reasonable attorney fees.
new text end

Sec. 18.

new text begin [325F.675] FRAUD RELATED TO CONSUMER TELEPHONE
RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited acts. new text end

new text begin Whoever:
new text end

new text begin (1) knowingly procures, attempts to procure, solicits, or conspires with another to
procure, a telephone record of any resident of this state without the authorization of the
customer to whom the record pertains or by fraudulent, deceptive, or false means;
new text end

new text begin (2) knowingly sells, or attempts to sell, a telephone record of any resident of this
state without the authorization of the customer to whom the record pertains; or
new text end

new text begin (3) receives a telephone record of any resident of this state knowing that such record
has been obtained without the authorization of the customer to whom the record pertains
or by fraudulent, deceptive, or false means,
new text end

new text begin is guilty of a violation of this section.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin (a) A violation of this section is a gross misdemeanor punishable
by a sentence of up to one year, a fine of $3,000, or both.
new text end

new text begin (b) Each subsequent violation is a felony punishable by a sentence of up to five
years, a fine of $5,000, or both.
new text end

new text begin (c) A violation of this section is subject to a $5,000 civil penalty.
new text end

new text begin (d) A violation of this section is a deceptive trade practice under section 325D.44.
new text end

new text begin (e) An individual aggrieved by a violation of this section may bring a civil action
to recover damages, costs, and reasonable attorney fees.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For purposes of this subdivision:
new text end

new text begin (1) "Telephone record" means any proprietary or personally identifiable information
retained by a telecommunications carrier about its customers. Telephone record includes,
but is not limited to:
new text end

new text begin (i) information that relates to the telephone number dialed by the customer or other
person using the customer's telephone number with the customer's permission or the
incoming number of a call directed to a customer;
new text end

new text begin (ii) information that indicates the location from which or to which calls were made; or
new text end

new text begin (iii) other data typically contained on a customer telephone bill such as the time the
call started and ended, the duration of the call, the time of day the call was made, the type
of rate plan to which the customer subscribes, the duration of the call, the time of day the
call was made, and any charges applied. For purposes of sections 1 to 18, any information
collected and retained by customers using Caller ID, or other similar technology, does
not constitute a telephone record.
new text end

new text begin (2) "Procure" means to obtain by any means, whether electronically, in writing, or in
oral form, with or without consideration.
new text end

new text begin Subd. 4. new text end

new text begin Unfair or deceptive trade practices; consumer protection. new text end

new text begin Except as
otherwise provided by this section, a violation of this section constitutes an unfair or
deceptive trade practice under section 325D.44.
new text end

new text begin Subd. 5. new text end

new text begin Information security. new text end

new text begin (a) Telecommunications carriers that maintain
telephone records of a resident of this state shall establish reasonable procedures to
protect against unauthorized or fraudulent disclosure of such records which could result in
substantial harm or inconvenience to a customer.
new text end

new text begin (b) No private right of action is authorized under this subdivision.
new text end

new text begin Subd. 6. new text end

new text begin Nonapplicability to law enforcement agencies. new text end

new text begin This section does not
apply to an action by a law enforcement agency, or any officer, employee, or agent
of such agency, to obtain telephone records in connection with the performance of the
official duties of the agency.
new text end

new text begin Subd. 7. new text end

new text begin Nonapplicability to telecommunications carriers. new text end

new text begin No provisions of this
section shall be construed to prohibit a telecommunications carrier from obtaining, using,
disclosing, or permitting access to any telephone record, either directly or indirectly,
through its agents:
new text end

new text begin (1) as otherwise authorized by law;
new text end

new text begin (2) with the lawful consent of the customer or subscriber;
new text end

new text begin (3) as may be necessarily incident to the rendition of the service or to the protection
of the rights or property of the provider of that service, or to protect users of those services
and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such
services;
new text end

new text begin (4) in connection with the sale or transfer of all or part of a business, or the purchase
or acquisition of a portion or all of a business, or the migration of a customer from one
carrier to another;
new text end

new text begin (5) to a governmental entity, if the telecommunications carrier reasonably believes
that an emergency involving immediate danger of death or serious physical injury to any
person justifies disclosure of the information; or
new text end

new text begin (6) to the National Center for Missing and Exploited Children, in connection with a
report submitted under section 227 of the federal Victims of Child Abuse Act of 1990.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 13.7905, subdivision 3; 176.231, subdivision 8;
176.401; and 176.421, subdivision 7, new text end new text begin and new text end new text begin Minnesota Statutes 2005 Supplement, section
325E.59, subdivision 2, new text end new text begin are repealed.
new text end