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HF 474

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 04/02/2014 04:17pm

KEY: stricken = removed, old language.
underscored = added, new language.
1.1A bill for an act
1.2relating to data practices; classifying data related to automated license plate
1.3readers; requiring a log of use; requiring data to be destroyed in certain
1.4circumstances;amending Minnesota Statutes 2012, section 13.82, by adding a

1.7    Section 1. Minnesota Statutes 2012, section 13.82, is amended by adding a subdivision
1.8to read:
1.9    Subd. 31. Automated license plate reader. (a) As used in this subdivision,
1.10"automated license plate reader" means an electronic device mounted on a law
1.11enforcement vehicle or positioned in a stationary location that is capable of recording data
1.12on, or taking a photograph of, a vehicle or its license plate and comparing the collected
1.13data and photographs to existing law enforcement databases for investigative purposes.
1.14(b) Data collected by an automated license plate reader are confidential data
1.15on individuals or protected nonpublic data if the data are or become active criminal
1.16investigative data.
1.17(c) The following data collected by an automated license plate reader that are not
1.18classified under paragraph (b) are private data on individuals or nonpublic data:
1.19(1) license plate numbers;
1.20(2) date, time, and location data on vehicles; and
1.21(3) pictures of license plates, vehicles, and areas surrounding the vehicles.
1.22(d) Notwithstanding section 138.17, data collected by an automated license plate
1.23reader must be destroyed:
1.24(1) 90 days from the time of collection, if the data are classified under paragraph (c); or
2.1(2) upon request of a program participant under chapter 5B, at the time of collection
2.2or upon receipt of the request, whichever occurs later, unless the data are classified under
2.3paragraph (b).
2.4Data on a request of a program participant under clause (2) are private data on individuals.
2.5(e) A law enforcement agency that installs or uses an automated license plate reader
2.6must maintain a log of its use, including:
2.7(1) specific times of day that the reader actively collected data;
2.8(2) the aggregate number of vehicles or license plates on which data are collected
2.9for each period of active use; and
2.10(3) for a reader at a stationary location, the location at which the reader actively
2.11collected data.
2.12Data in a log required under this paragraph are public.
2.13(f) In addition to the log required under paragraph (e), the law enforcement agency
2.14must maintain records showing the date the data were collected and whether the data are
2.15classified under paragraph (b) or (c). The Department of Public Safety shall conduct
2.16a biennial audit of the records to determine whether data currently in the records are
2.17classified and destroyed as required under this subdivision and to verify compliance with
2.18paragraph (g). Data in the records required under this paragraph are classified as provided
2.19in paragraph (b) or (c). Summary results of the audit are public.
2.20(g) A law enforcement agency must comply with sections 13.05, subdivision 5, and
2.2113.055 in the operation of automated license plate readers and access to the data. The
2.22responsible authority for a law enforcement agency must establish procedures to ensure
2.23that law enforcement personnel have access to the data only if authorized in writing by
2.24the chief of police, sheriff, or head of the law enforcement agency, or their designee, to
2.25obtain access to data collected by an automated license plate reader for a specific law
2.26enforcement purpose.
2.27(h) Within ten days of the installation or current use of an automated license plate
2.28reader, a law enforcement agency must notify the Bureau of Criminal Apprehension of any
2.29fixed location of a stationary automated license plate reader and, if applicable, if the agency
2.30uses any other automated license plate reader. The Bureau of Criminal Apprehension
2.31must maintain a list of law enforcement agencies using automated license plate readers,
2.32including locations of any fixed stationary automated license plate readers, except to the
2.33extent that the location of the reader is security information, as defined in section 13.37.
2.34This list is accessible to the public and must be available on the bureau's Web site.
3.1EFFECTIVE DATE.This section is effective the day following final enactment.
3.2Data collected before the effective date of this section must be destroyed, if required by
3.3this section, no later than 15 days after the date this section becomes effective.