SF 964

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

A bill for an act
relating to data practices; providing for release of certain data to a legal
representative; amending Minnesota Statutes 2008, section 13.393.

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

Section 1.

Minnesota Statutes 2008, section 13.393, is amended to read:

13.393 ATTORNEYS.

new text begin (a) Notwithstanding the provisions of this chapter or any other statutes of Minnesota
concerning or related to data practices, a government entity may provide data without
regard to the data's classification to the government entity's legal counsel or a legal
representative representing the government entity, its officers, employees, or agents in the
investigation, prosecution, or defense of any proceeding or matter in which the government
entity, an officer, employee, or agent has become or is likely to become a party in any civil,
administrative, or licensing action or proceeding. For purposes of this subdivision, "legal
counsel" or "legal representative" includes retained legal counsel; government counsel;
a liability insurance carrier providing coverage to the government entity, its officers,
employees, or agents; and any insurance trust or risk management pool of which the
government entity is a member. Upon receipt by legal counsel or the legal representative,
the data, its use, collection, storage, and dissemination shall be governed by paragraph (b).
new text end

new text begin (b) new text end Notwithstanding the provisions of this chapter and section 15.17, the use,
collection, storage, and dissemination of data by an attorney acting in a professional
capacity for a government entity shall be governed by statutes, rules, and professional
standards concerning discovery, production of documents, introduction of evidence, and
professional responsibility; provided that this section shall not be construed to affect the
applicability of any statute, other than this chapter and section 15.17, which specifically
requires or prohibits disclosure of specific information by the attorney, nor shall this
section be construed to relieve any responsible authority, other than the attorney, from
duties and responsibilities pursuant to this chapter and section 15.17.