SF 1770

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2014 09:05am

A bill for an act
relating to data practices; clarifying application of government data practices act
to parties contracting with a government entity; amending Minnesota Statutes
2012, section 13.05, subdivision 11.

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

Section 1.

Minnesota Statutes 2012, section 13.05, subdivision 11, is amended to read:

Subd. 11.

Privatization.

(a) If a government entity enters into a contract with a
private person to perform any of its functions, deleted text begin the government entity shall include in the
contract terms that make it clear that all of the deleted text end new text begin all new text end data created, collected, received, stored,
used, maintained, or disseminated by the private person in performing those functions
is subject to the requirements of this chapter and deleted text begin that deleted text end the private person must comply
with those requirements as if it were a government entity. new text begin All contracts entered into by a
government entity with a private person must include a notice that the requirements of
this subdivision apply to the contract. Failure to include the notice in a contract does not
invalidate the application of this subdivision. new text end The remedies in section 13.08 apply to
the private person under this subdivision.

(b) This subdivision does not create a duty on the part of the private person to
provide access to public data to the public if the public data are available from the
government entity, except as required by the terms of the contract.