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HF 474

as introduced - 88th Legislature (2013 - 2014) Posted on 02/11/2013 02:18pm

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to data practices; classifying data related to automated license plate
readers; requiring a log of use; requiring data to be destroyed in certain
circumstances;amending Minnesota Statutes 2012, section 13.82, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2012, section 13.82, is amended by adding a subdivision
to read:


Subd. 31.

Automated license plate readers.

(a) Data collected by an automated
license plate reader are classified as confidential or protected nonpublic, if the data indicates
that the vehicle or its owner or occupants are the subject of an active criminal investigation
or other preexisting law enforcement or correctional proceeding, sanction, or supervision.

(b) Data collected by an automated license plate reader must be destroyed:

(1) at the time of collection, if the data does not meet the requirements for
classification under paragraph (a); or

(2) at the time the active criminal investigation indicated by the data becomes
inactive, if criminal charges are not filed related to the investigation, or at the time
the preexisting law enforcement or correctional proceeding, sanction, or supervision
is resolved or completed.

(c) A law enforcement agency that installs or uses an automated license plate reader
must maintain a log of its use, including:

(1) locations at which the reader is installed or used;

(2) specific times of day that the reader actively collected data; and

(3) the aggregate number of vehicles or license plates on which data are collected for
each period of active use.

Notwithstanding any other law to the contrary, data contained in a log required
under this paragraph are public at all times.

(d) As used in this subdivision, "automated license plate reader" means an electronic
device mounted on a law enforcement vehicle or positioned in a stationary location that
is capable of recording data on, or taking a photograph of, a vehicle, its license plate, or
its occupants without notice to the owner or occupants of the vehicle and comparing the
collected data and photographs to existing law enforcement databases for investigative
purposes.

EFFECTIVE DATE.

This section is effective the day following final enactment.
Data collected prior to the effective date of this section must be destroyed, if required by
this section, no later than 15 days after the date this section becomes effective.

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