SF 468

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 08/29/2019 09:33am

A bill for an act
relating to data practices; expanding rideshare data classification to include all
government entities; amending Minnesota Statutes 2018, sections 13.201; 13.72,
subdivision 19; 465.719, subdivision 14; repealing Minnesota Statutes 2018, section
13.72, subdivision 9.

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

Section 1.

Minnesota Statutes 2018, section 13.201, is amended to read:

13.201 RIDESHARE DATA.

The following data on participants, collected by deleted text begin the Minnesota Department of
Transportation and the Metropolitan Council deleted text end new text begin a government entity new text end to administer rideshare
programs, are classified as private under section 13.02, subdivision 12 new text begin , or nonpublic under
section 13.02, subdivision 9 new text end : residential address and telephone number; beginning and
ending work hours; current mode of commuting to and from work; new text begin place of employment;
photograph; biographical information; new text end and type of rideshare service information requested.

Sec. 2.

Minnesota Statutes 2018, section 13.72, subdivision 19, is amended to read:

Subd. 19.

Transit customer data.

(a) Data on applicants, users, and customers of public
transit collected by or through deleted text begin the Metropolitan Council's deleted text end new text begin a government entity's new text end personalized
web services or the new text begin Metropolitan Council's new text end regional fare collection system are private data
on individuals. As used in this subdivision, the following terms have the meanings given
them:

(1) "regional fare collection system" means the fare collection system created and
administered by the council that is used for collecting fares or providing fare cards or passes
for transit services which includes:

(i) regular route bus service within the metropolitan area and paratransit service, whether
provided by the council or by other providers of regional transit service;

(ii) light rail transit service within the metropolitan area;

(iii) rideshare programs administered by the council;

(iv) special transportation services provided under section 473.386; and

(v) commuter rail service;

(2) "personalized web services" means services for which transit service applicants,
users, and customers must establish a user account; and

(3) "metropolitan area" means the area defined in section 473.121, subdivision 2.

(b) deleted text begin The council deleted text end new text begin A government entity new text end may disseminate data on user and customer
transaction history and fare card use to government entities, organizations, school districts,
educational institutions, and employers that subsidize or provide fare cards to their clients,
students, or employees. "Data on user and customer transaction history and fare card use"
means:

(1) the date a fare card was used;

(2) the time a fare card was used;

(3) the mode of travel;

(4) the type of fare product used; and

(5) information about the date, time, and type of fare product purchased.

Government entities, organizations, school districts, educational institutions, and employers
may use customer transaction history and fare card use data only for purposes of measuring
and promoting fare card use and evaluating the cost-effectiveness of their fare card programs.
If a user or customer requests in writing that the council limit the disclosure of transaction
history and fare card use, the council may disclose only the card balance and the date a card
was last used.

(c) deleted text begin The council deleted text end new text begin A government entity new text end may disseminate transit service applicant, user,
and customer data to another government entity to prevent unlawful intrusion into government
electronic systems, or as otherwise provided by law.

Sec. 3.

Minnesota Statutes 2018, section 465.719, subdivision 14, is amended to read:

Subd. 14.

Data classification.

The following data created, collected, or maintained by
a corporation subject to this section are classified as private data under section 13.02,
subdivision 12, or as nonpublic data under section 13.02, subdivision 9: (1) data relating
either (i) to private businesses consisting of financial statements, credit reports, audits,
business plans, income and expense projections, customer lists, balance sheets, income tax
returns, and design, market, and feasibility studies not paid for with public funds, or (ii) to
enterprises operated by the corporation that are in competition with entities offering similar
goods and services, so long as the data are not generally known or readily ascertainable by
proper means and disclosure of specific data would cause harm to the competitive position
of the enterprise or private business, provided that the goods or services do not require a
tax levy; and (2) any data identified in deleted text begin sections deleted text end new text begin section new text end 13.201 deleted text begin and 13.72, subdivision 9, deleted text end
collected or received by a transit organization.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 13.72, subdivision 9, new text end new text begin is repealed.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: S0468-1

13.72 TRANSPORTATION DEPARTMENT DATA.

Subd. 9.

Rideshare data.

The following data on participants, collected by the Minnesota Department of Transportation and the Metropolitan Council to administer rideshare programs, are classified as private under section 13.02, subdivision 12: residential address and telephone number; beginning and ending work hours; current mode of commuting to and from work; and type of rideshare service information requested.