SF 1525

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:21am

A bill for an act
relating to human services; amending data privacy provisions; amending
Minnesota Statutes 2008, sections 13.04, subdivision 4; 241.065, subdivision
2; 246B.04, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 13.04, subdivision 4, is amended to read:

Subd. 4.

Procedure when data is not accurate or complete.

(a) An individual
subject of the data may contest the accuracy or completeness of public or private data. To
exercise this right, an individual shall notify in writing the responsible authority describing
the nature of the disagreement. The responsible authority new text begin , designee, or data practices
compliance official new text end shall within 30 days either: (1) correct the data found to be inaccurate
or incomplete and attempt to notify past recipients of inaccurate or incomplete data,
including recipients named by the individual; or (2) notify the individual that the authority
believes the data to be correct. Data in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.

The determination of the responsible authority new text begin designee, or data practices compliance
official new text end may be appealed pursuant to the provisions of the Administrative Procedure Act
relating to contested cases. Upon receipt of an appeal by an individual, the commissioner
shall, before issuing the order and notice of a contested case hearing required by chapter
14, try to resolve the dispute through education, conference, conciliation, or persuasion. If
the parties consent, the commissioner may refer the matter to mediation. Following these
efforts, the commissioner shall dismiss the appeal or issue the order and notice of hearing.

(b) Data on individuals that have been successfully challenged by an individual
must be completed, corrected, or destroyed by a government entity without regard to the
requirements of section 138.17.

After completing, correcting, or destroying successfully challenged data, a
government entity may retain a copy of the commissioner of administration's order issued
under chapter 14 or, if no order were issued, a summary of the dispute between the parties
that does not contain any particulars of the successfully challenged data.

Sec. 2.

Minnesota Statutes 2008, section 241.065, subdivision 2, is amended to read:

Subd. 2.

Establishment.

The Department of Corrections shall administer and
maintain a computerized data system for the purpose of assisting criminal justice agencies
in monitoring and enforcing the conditions of conditional release imposed on criminal
offenders by a sentencing court or the commissioner of corrections. The adult data and
juvenile data as defined in section 260B.171 in the statewide supervision system are
private data as defined in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, new text begin to the Minnesota sex offender
program as provided in section 246B.04, subdivision 3, new text end to public defenders as provided in
section 611.272, to all trial courts and appellate courts, and to criminal justice agencies in
other states in the conduct of their official duties.

Sec. 3.

Minnesota Statutes 2008, section 246B.04, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Access to data. new text end

new text begin The Minnesota sex offender program shall have access
to private data contained in the statewide supervision system under section 241.065, as
necessary for the administration and management of current Minnesota sex offender
clients for the purposes of admissions, treatment, security, and supervision. The program
shall develop a policy to allow individuals who conduct assessment, develop treatment
plans, oversee security, or develop reintegration plans to have access to the data. The
commissioner of corrections shall conduct periodic audits to determine whether the policy
is being followed.
new text end