SF 1478

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to government data practices; authorizing 
  1.3             bureau of criminal apprehension to charge a fee for 
  1.4             Internet access to criminal history data; requiring 
  1.5             certain notices on the Web site; amending Minnesota 
  1.6             Statutes 2000, section 13.87, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 13.87, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 3.  [INTERNET ACCESS.] (a) Notwithstanding section 
  1.11  13.03, subdivision 3, paragraph (a), the bureau of criminal 
  1.12  apprehension may charge a fee for Internet access to public 
  1.13  criminal history data provided through August 1, 2005.  The fee 
  1.14  may not exceed $5 per inquiry or the amount needed to recoup the 
  1.15  actual cost of implementing and providing Internet access, 
  1.16  whichever is less.  
  1.17     (b) The Web site must include a notice to the subject of 
  1.18  data of the right to contest the accuracy or completeness of 
  1.19  data, as provided under section 13.04, subdivision 4, and 
  1.20  provide a telephone number and address that the subject may 
  1.21  contact for further information on this process.  
  1.22     (c) The Web site must include the effective date of data 
  1.23  that is posted.  
  1.24     (d) The Web site must include a description of the types of 
  1.25  criminal history data not available on the site, including 
  1.26  arrest data, juvenile data, criminal history data from other 
  2.1   states, federal data, data on convictions where 15 years have 
  2.2   elapsed since discharge of the sentence, and other data that are 
  2.3   not accessible to the public. 
  2.4      (e) The Web site must include a notice that a person 
  2.5   obtaining access to the site has a duty to disclose criminal 
  2.6   history data obtained from the site to the subject of the data 
  2.7   if any adverse decision regarding employment, housing, or credit 
  2.8   is based in whole or in part on the data.  This paragraph does 
  2.9   not create a civil cause of action on behalf of the data subject.