SF 1040

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; clarifying 
  1.3             electronic access to data; modifying notice 
  1.4             requirements for students and employees; changing 
  1.5             deadlines for providing data; requiring government 
  1.6             entities to report the acquisition of surveillance 
  1.7             devices; amending Minnesota Statutes 1998, sections 
  1.8             13.03, subdivision 3; 13.04, subdivisions 2 and 3; 
  1.9             13.05, by adding a subdivision; and 15.17, 
  1.10            subdivisions 1 and 2. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 13.03, 
  1.13  subdivision 3, is amended to read: 
  1.14     Subd. 3.  [REQUEST FOR ACCESS TO DATA.] Upon request to a 
  1.15  responsible authority or designee, a person shall be permitted 
  1.16  to inspect and copy public government data at reasonable times 
  1.17  and places, and, upon request, shall be informed of the data's 
  1.18  meaning.  If a person requests access for the purpose of 
  1.19  inspection, the responsible authority may not assess a charge or 
  1.20  require the requesting person to pay a fee to inspect data.  For 
  1.21  purposes of this section, "inspection" includes, but is not 
  1.22  limited to, the visual inspection of paper and similar types of 
  1.23  government data and, in the case of data stored in electronic 
  1.24  form and available in an online fashion to personnel of the 
  1.25  entity, online access to the data by the public and the ability 
  1.26  to print copies of or download the data.  Any communication and 
  1.27  terminal costs of online access for the purpose of inspection 
  1.28  shall be borne by the public.  The responsible authority or 
  2.1   designee shall provide copies of public data upon request.  If a 
  2.2   person requests copies or electronic transmittal of the data to 
  2.3   the person, the responsible authority may require the requesting 
  2.4   person to pay the actual costs of searching for and retrieving 
  2.5   government data, including the cost of employee time, and for 
  2.6   making, certifying, compiling, and electronically transmitting 
  2.7   the copies of the data or the data, but may not charge for 
  2.8   separating public from not public data.  If the responsible 
  2.9   authority or designee is not able to provide copies at the time 
  2.10  a request is made, copies shall be supplied as soon as 
  2.11  reasonably possible. 
  2.12     When a request under this subdivision involves any person's 
  2.13  receipt of copies of public government data that has commercial 
  2.14  value and is a substantial and discrete portion of or an entire 
  2.15  formula, pattern, compilation, program, device, method, 
  2.16  technique, process, database, or system developed with a 
  2.17  significant expenditure of public funds by the agency, the 
  2.18  responsible authority may charge a reasonable fee for the 
  2.19  information in addition to the costs of making, certifying, and 
  2.20  compiling the copies.  Any fee charged must be clearly 
  2.21  demonstrated by the agency to relate to the actual development 
  2.22  costs of the information.  The responsible authority, upon the 
  2.23  request of any person, shall provide sufficient documentation to 
  2.24  explain and justify the fee being charged.  
  2.25     If the responsible authority or designee determines that 
  2.26  the requested data is classified so as to deny the requesting 
  2.27  person access, the responsible authority or designee shall 
  2.28  inform the requesting person of the determination either orally 
  2.29  at the time of the request, or in writing as soon after that 
  2.30  time as possible, and shall cite the specific statutory section, 
  2.31  temporary classification, or specific provision of federal law 
  2.32  on which the determination is based.  Upon the request of any 
  2.33  person denied access to data, the responsible authority or 
  2.34  designee shall certify in writing that the request has been 
  2.35  denied and cite the specific statutory section, temporary 
  2.36  classification, or specific provision of federal law upon which 
  3.1   the denial was based.  
  3.2      Sec. 2.  Minnesota Statutes 1998, section 13.04, 
  3.3   subdivision 2, is amended to read: 
  3.4      Subd. 2.  [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] 
  3.5   (a) An individual asked to supply private or confidential data 
  3.6   concerning the individual shall be informed of: 
  3.7      (a) (1) the purpose and intended use of the requested data 
  3.8   within the collecting state agency, political subdivision, or 
  3.9   statewide system; 
  3.10     (b) (2) whether the individual may refuse or is legally 
  3.11  required to supply the requested data; 
  3.12     (c) (3) any known consequence arising from supplying or 
  3.13  refusing to supply private or confidential data; and 
  3.14     (d) (4) the identity of other persons or entities 
  3.15  authorized by state or federal law to receive the data.  This 
  3.16  requirement shall not apply when an individual is asked to 
  3.17  supply investigative data, pursuant to section 13.82, 
  3.18  subdivision 5, to a law enforcement officer. 
  3.19     (b) When an individual is asked to supply educational data 
  3.20  as defined in section 13.32, the requirement of paragraph (a) is 
  3.21  met if, at the beginning of each academic year, the responsible 
  3.22  authority provides to the individual a complete notice as 
  3.23  provided in paragraph (a) that covers the possible data 
  3.24  collection instances that may occur during the academic year.  
  3.25  No further notice is required except when data are collected 
  3.26  from a student and the data may be used to discipline the 
  3.27  student. 
  3.28     (c) When an individual is asked to supply personnel data as 
  3.29  defined in section 13.43, the requirement of paragraph (a) is 
  3.30  met if, at the beginning of the employment relationship, which 
  3.31  includes the application process, the responsible authority 
  3.32  provides to the individual a complete notice as provided in 
  3.33  paragraph (a) that covers the possible data collection instances 
  3.34  that may occur during the course of the employment 
  3.35  relationship.  No further notice is required except when data 
  3.36  are being collected from an employee and the data may be used to 
  4.1   discipline the employee. 
  4.2      Sec. 3.  Minnesota Statutes 1998, section 13.04, 
  4.3   subdivision 3, is amended to read: 
  4.4      Subd. 3.  [ACCESS TO DATA BY INDIVIDUAL.] Upon request to a 
  4.5   responsible authority, an individual shall be informed whether 
  4.6   the individual is the subject of stored data on individuals, and 
  4.7   whether it is classified as public, private or confidential.  
  4.8   Upon further request, an individual who is the subject of stored 
  4.9   private or public data on individuals shall be shown the data 
  4.10  without any charge and, if desired, shall be informed of the 
  4.11  content and meaning of that data.  After an individual has been 
  4.12  shown the private data and informed of its meaning, the data 
  4.13  need not be disclosed to that individual for six months 
  4.14  thereafter unless a dispute or action pursuant to this section 
  4.15  is pending or additional data on the individual has been 
  4.16  collected or created.  The responsible authority shall provide 
  4.17  copies of the private or public data upon request by the 
  4.18  individual subject of the data.  The responsible authority may 
  4.19  require the requesting person to pay the actual costs of making, 
  4.20  certifying, and compiling the copies. 
  4.21     The responsible authority shall comply immediately, if 
  4.22  possible, with any request made pursuant to this subdivision, or 
  4.23  within five ten days of the date of the request, excluding 
  4.24  Saturdays, Sundays and legal holidays, if immediate compliance 
  4.25  is not possible.  If unable to comply with the request within 
  4.26  that time, the responsible authority shall so inform the 
  4.27  individual, and may have an additional five days within which to 
  4.28  comply with the request, excluding Saturdays, Sundays and legal 
  4.29  holidays. 
  4.30     Sec. 4.  Minnesota Statutes 1998, section 13.05, is amended 
  4.31  by adding a subdivision to read: 
  4.32     Subd. 11.  [UTILIZATION OF SURVEILLANCE DEVICES.] (a) For 
  4.33  purposes of this section, "surveillance device" means any 
  4.34  computer, video, or audio recording equipment, caller 
  4.35  identification features, thermal imaging devices, or similar 
  4.36  electronic devices and purchases of surveillance services that 
  5.1   are used to acquire data, recorded images, and similar types of 
  5.2   information. 
  5.3      (b) The responsible authority in any state agency, 
  5.4   statewide system, or political subdivision shall, in a form 
  5.5   specified by the commissioner of administration, report to the 
  5.6   commissioner that the agency, subdivision, or system has 
  5.7   acquired any form of surveillance device.  This reporting 
  5.8   requirement does not apply to agencies that carry on a law 
  5.9   enforcement function, as described in section 13.82, subdivision 
  5.10  1, if there is a compelling public safety reason not to provide 
  5.11  public notice of the acquisition of surveillance devices. 
  5.12     Sec. 5.  Minnesota Statutes 1998, section 15.17, 
  5.13  subdivision 1, is amended to read: 
  5.14     Subdivision 1.  [MUST BE KEPT.] All officers and agencies 
  5.15  of the state, counties, cities, towns, school districts, 
  5.16  municipal subdivisions or corporations, or other public 
  5.17  authorities or political entities within the state, hereinafter 
  5.18  "public officer," shall make and preserve all records necessary 
  5.19  to a full and accurate knowledge of their official 
  5.20  activities.  Government records may be produced in the form of 
  5.21  computerized records.  All government records shall be made on a 
  5.22  physical medium of a quality to insure permanent records.  Every 
  5.23  public officer is empowered to reproduce records if the records 
  5.24  are not deemed to be of permanent or archival value by the 
  5.25  commissioner of administration and the records disposition panel 
  5.26  under section 138.17.  The public officer is empowered to 
  5.27  reproduce these records by any photographic, photostatic, 
  5.28  microphotographic, optical disk imaging system, microfilming, or 
  5.29  other reproduction method that clearly and accurately reproduces 
  5.30  the records.  If a record is deemed to be of permanent or 
  5.31  archival value, any reproduction of the record must meet 
  5.32  archival standards specified by the Minnesota historical society 
  5.33  provided, however, that this section does not prohibit the use 
  5.34  of nonerasable optical imaging systems for the preservation of 
  5.35  archival records without the preservation of paper or microfilm 
  5.36  copies.  Each public officer may order that those photographs, 
  6.1   photostats, microphotographs, microfilms, optical images, or 
  6.2   other reproductions, be substituted for the originals of them.  
  6.3   The public officer may direct the destruction or sale for 
  6.4   salvage or other disposition of the originals from which they 
  6.5   were made, in accordance with the disposition requirements of 
  6.6   section 138.17.  Photographs, photostats, microphotographs, 
  6.7   microfilms, optical images, or other reproductions are for all 
  6.8   purposes deemed the original recording of the papers, books, 
  6.9   documents, and records reproduced when so ordered by any public 
  6.10  officer and are admissible as evidence in all courts and 
  6.11  proceedings of every kind.  A facsimile or exemplified or 
  6.12  certified copy of a photograph, photostat, microphotograph, 
  6.13  microfilm, optical image, or other reproduction, or an 
  6.14  enlargement or reduction of it, has the same effect and weight 
  6.15  as evidence as would a certified or exemplified copy of the 
  6.16  original. 
  6.17     Sec. 6.  Minnesota Statutes 1998, section 15.17, 
  6.18  subdivision 2, is amended to read: 
  6.19     Subd. 2.  [RESPONSIBILITY FOR RECORDS.] The chief 
  6.20  administrative officer of each public agency shall be 
  6.21  responsible for the preservation and care of the agency's 
  6.22  government records, which shall include written or printed 
  6.23  books, papers, letters, contracts, documents, maps, 
  6.24  plans, computer-based data, and other records made or received 
  6.25  pursuant to law or in connection with the transaction of public 
  6.26  business.  It shall be the duty of each agency, and of its chief 
  6.27  administrative officer, to carefully protect and preserve 
  6.28  government records from deterioration, mutilation, loss, or 
  6.29  destruction.  Records or record books may be repaired, 
  6.30  renovated, or rebound when necessary to preserve them properly.