SF 2089

as introduced - 94th Legislature (2025 - 2026) Posted on 03/24/2025 10:14am

A bill for an act
relating to state government; making changes to data practices; amending Minnesota
Statutes 2024, section 13.04, subdivision 4.

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

Section 1.

Minnesota Statutes 2024, 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 about
themselves.

(b) To exercise this right, an individual shall notify in writing the responsible authority
of the government entity that maintains the data, describing the nature of the disagreement.

(c) Upon receiving notification from the data subject, the responsible authority 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 responsible authority has determined the data to be
correct. If the challenged data are determined to be accurate or complete, the responsible
authority shall inform the individual of the right to appeal the determination to the
commissioner as specified under paragraph (d). Data in dispute shall be disclosed only if
the individual's statement of disagreement is included with the disclosed data.

(d) A data subject may appeal the determination of the responsible authority pursuant
to the provisions of the Administrative Procedure Act relating to contested cases. An
individual must submit an appeal to the commissioner within 60 days of the responsible
authority's notice of the right to appeal or as otherwise provided by the rules of the
commissioner. 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.

(e) The commissioner may dismiss an appeal without first attempting to resolve the
dispute or before issuing an order and notice of a contested case hearing if:

(1) the appeal to the commissioner is not timely;

(2) the appeal concerns data previously presented as evidence in a court proceeding in
which the data subject was a party; deleted text begin or
deleted text end

(3) the individual making the appeal is not the subject of the data challenged as inaccurate
or incomplete deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) the commissioner has issued a final order regarding the disputed data in a prior appeal
involving the same parties.
new text end

new text begin (f) A responsible authority may submit private data to the commissioner to respond to
a data subject's appeal of the determination that data are accurate and complete. Section
13.03, subdivision 4, applies to data submitted by the responsible authority. Government
data submitted to the commissioner by a government entity, copies of government data
submitted by a data subject, or government data described by the data subject in their appeal
have the same classification as the data when maintained by the government entity. The
commissioner may disclose private data contained within the appeal record to the Office
of Administrative Hearings.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end 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.

deleted text begin (g) deleted text end new text begin (h) new text end 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.

new text begin (i) Data maintained by the commissioner that a responsible authority has completed,
corrected, or destroyed as the result of the informal resolution process described in paragraph
(d) or by order of the commissioner, are private data on individuals.
new text end