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SF 1779

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to government data practices; requiring destruction of disposed private or
confidential data; amending Minnesota Statutes 2004, sections 13.05, subdivision
5; 138.17, subdivision 7.

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

Section 1.

Minnesota Statutes 2004, section 13.05, subdivision 5, is amended to read:


Subd. 5.

Data protection.

The responsible authority shall (1) establish procedures
to assure that all data on individuals is accurate, complete, and current for the purposes for
which it was collected; and (2) establish appropriate security safeguards for all records
containing data on individuals. new text begin When confidential or private data is being disposed of,
appropriate security safeguards mean that the data is destroyed in a way that prevents its
contents from being determined.
new text end

Sec. 2.

Minnesota Statutes 2004, section 138.17, subdivision 7, is amended to read:


Subd. 7.

Records management program.

A records management program for the
application of efficient and economical management methods to the creation, utilization,
maintenance, retention, preservation, and disposal of official records shall be administered
by the commissioner of administration with assistance from the director of the historical
society. The State Records Center which stores and services state records not in state
archives shall be administered by the commissioner of administration. The commissioner
of administration is empowered to (1) establish standards, procedures, and techniques for
effective management of government records, (2) make continuing surveys of paper work
operations, and (3) recommend improvements in current records management practices
including the use of space, equipment, and supplies employed in creating, maintaining,
preserving and disposing of government records. It shall be the duty of the head of each
state agency and the governing body of each county, municipality, and other subdivision
of government to cooperate with the commissioner in conducting surveys and to establish
and maintain an active, continuing program for the economical and efficient management
of the records of each agency, county, municipality, or other subdivision of government.
When requested by the commissioner, public officials shall assist in the preparation of
an inclusive inventory of records in their custody, to which shall be attached a schedule,
approved by the head of the governmental unit or agency having custody of the records
and the commissioner, establishing a time period for the retention or disposal of each
series of records. When the schedule is unanimously approved by the records disposition
panel, the head of the governmental unit or agency having custody of the records may
dispose of the type of records listed in the schedule at a time and in a manner prescribed
in the schedule for particular records which were created after the approval. A list of
records disposed of pursuant to this subdivision shall be maintained by the governmental
unit or agency. new text begin When records containing confidential data as defined in section 13.02,
subdivision 3, or private data as defined in section 13.02, subdivision 12, are being
disposed of pursuant to this subdivision, the records must be destroyed in a way that
prevents their contents from being determined.
new text end