HF 4648

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:44pm

A bill for an act
relating to data practices; classifying certain information as private data on
individuals; amending Minnesota Statutes 2022, section 13.04, by adding a
subdivision; repealing Minnesota Statutes 2022, section 13.356.

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

Section 1.

Minnesota Statutes 2022, section 13.04, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Private data on an individual. new text end

new text begin (a) The following data is private data on an
individual unless otherwise classified elsewhere:
new text end

new text begin (1) contact information for an individual, including but not limited to residential address,
personal email address, and personal telephone number; and
new text end

new text begin (2) names of minor children, as defined in section 524.5-102, subdivision 10.
new text end

new text begin (b) Subdivision 2 does not apply to data classified under paragraph (a). Paragraph (a)
does not apply to data submitted by an individual to the Campaign Finance Board to meet
the legal requirements imposed by chapter 10A or to data in a state agency's rulemaking
email list.
new text end

new text begin (c) Data provided under paragraph (a):
new text end

new text begin (1) is subject to sharing or dissemination pursuant to court order under section 13.03,
subdivision 6;
new text end

new text begin (2) may be used by the government entity to communicate with the individual; and
new text end

new text begin (3) may be used by the government entity to perform its health, safety, or welfare
functions, or to provide government services.
new text end

new text begin (d) Data provided under paragraph (a) that is classified as private data on individuals
elsewhere may be shared or disseminated pursuant to the section classifying the data.
new text end

new text begin (e) This subdivision does not apply to data on an individual contained in a real property
record, which is any record of data that is maintained as part of the county real estate
document recording system for use by the public, data on assessments, data on real or
personal property taxation, and other data on real property.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 13.356, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-07137

13.356 PERSONAL CONTACT AND ONLINE ACCOUNT INFORMATION.

(a) The following data on an individual collected, maintained, or received by a government entity for notification purposes or as part of a subscription list for an entity's electronic periodic publications as requested by the individual are private data on individuals:

(1) telephone number;

(2) email address; and

(3) Internet user name, password, Internet protocol address, and any other similar data related to the individual's online account or access procedures.

(b) Section 13.04, subdivision 2, does not apply to data classified under paragraph (a). Paragraph (a) does not apply to data submitted by an individual to the Campaign Finance Board to meet the legal requirements imposed by chapter 10A, to data submitted for purposes of making a public comment, or to data in a state agency's rulemaking email list.

(c) Data provided under paragraph (a) may only be used for the specific purpose for which the individual provided the data.