SF 1770

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/09/2014 11:02am

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, the government entity shall include in the
contract terms that make it clear that all of the all 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 governing access to and classification of the data
and that the private person must comply with those requirements as if it were a government
entity. 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. 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.