SF 2403

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 06/26/2012 12:28pm

A bill for an act
relating to data practices; modifying obligations of government entities;
classifying data; making other miscellaneous changes; amending Minnesota
Statutes 2010, sections 13.02, subdivision 16; 13.03, subdivisions 2, 4; 13.072,
subdivision 2; 13.37, subdivisions 1, 2; 13.39, by adding a subdivision; 13.43,
subdivision 1, by adding subdivisions; 13.601, subdivision 3; 13.82, by adding
a subdivision; 13D.015, subdivision 5; 84.0874; proposing coding for new law
in Minnesota Statutes, chapter 13; repealing Minnesota Statutes 2010, section
13.05, subdivisions 1, 2, 8.

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

Section 1.

Minnesota Statutes 2010, section 13.02, subdivision 16, is amended to read:

Subd. 16.

Responsible authority.

new text begin (a) new text end "Responsible authority" in a state agency or
statewide system means the state official designated by law or by the commissioner as
the individual responsible for the collection, use and dissemination of any set of data on
individuals, government data, or summary data.

new text begin (b) new text end "Responsible authority" in any political subdivision means the individual
designated by the governing body of that political subdivision as the individual responsible
for the collection, use, and dissemination of any set of data on individuals, government
data, or summary data, unless otherwise provided by state law. new text begin Until an individual is
designated by the political subdivision's governing body, the responsible authority is:
new text end

new text begin (1) for counties, the county coordinator or administrator. If the county does not
employ a coordinator or administrator, the responsible authority is the county auditor;
new text end

new text begin (2) for statutory or home rule charter cities, the elected or appointed city clerk. If the
home rule charter does not provide for an office of city clerk, the responsible authority is
the chief clerical officer for filing and record keeping purposes;
new text end

new text begin (3) for school districts, the superintendent; and
new text end

new text begin (4) for all other political subdivisions, the chief clerical officer for filing and record
keeping purposes.
new text end

Sec. 2.

new text begin [13.025] GOVERNMENT ENTITY OBLIGATION.
new text end

new text begin Subdivision 1. new text end

new text begin Data inventory. new text end

new text begin The responsible authority shall prepare an inventory
containing the authority's name, title, address, and a description of each category of record,
file, or process relating to private or confidential data on individuals maintained by the
authority's government entity. Forms used to collect private and confidential data may be
included in the inventory. The responsible authority shall update the inventory annually
and make any changes necessary to maintain the accuracy of the inventory. The inventory
must be available from the responsible authority to the public according to the provisions
of sections 13.03 and 15.17. The commissioner may require responsible authorities to
submit copies of the inventory and may request additional information relevant to data
collection practices, policies, and procedures.
new text end

new text begin Subd. 2. new text end

new text begin Public data access policy. new text end

new text begin The responsible authority shall prepare a
written data access policy and update it no later than August 1 of each year, and at any
other time as necessary to reflect changes in personnel, procedures, or other circumstances
that impact the public's ability to access data.
new text end

new text begin Subd. 3. new text end

new text begin Data subject rights and access policy. new text end

new text begin The responsible authority shall
prepare a written policy of the rights of data subjects under section 13.04 and the specific
procedures used by the government entity for access by the data subject to public or
private data on individuals. The written policy must be updated no later than August 1 of
each year, and at any other time as necessary to reflect changes in personnel, procedures,
or other circumstances that impact the public's ability to access data.
new text end

new text begin Subd. 4. new text end

new text begin Availability. new text end

new text begin The responsible authority shall make copies of the policies
required under subdivisions 2 and 3 easily available to the public by distributing free copies
to the public or by posting the policies in a conspicuous place within the government entity
that is easily accessible to the public or by posting it on the government entity's Web site.
new text end

Sec. 3.

Minnesota Statutes 2010, section 13.03, subdivision 2, is amended to read:

Subd. 2.

Procedures.

(a) The responsible authority in every government entity shall
establish procedures, consistent with this chapter, to insure that requests for government
data are received and complied with in an appropriate and prompt manner.

deleted text begin (b) The responsible authority shall prepare public access procedures in written form
and update them no later than August 1 of each year as necessary to reflect any changes
in personnel or circumstances that might affect public access to government data. The
responsible authority shall make copies of the written public access procedures easily
available to the public by distributing free copies of the procedures to the public or by
posting a copy of the procedures in a conspicuous place within the government entity that
is easily accessible to the public.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Full convenience and comprehensive accessibility shall be allowed to
researchers including historians, genealogists and other scholars to carry out extensive
research and complete copying of all records containing government data except as
otherwise expressly provided by law.

A responsible authority may designate one or more designees.

Sec. 4.

Minnesota Statutes 2010, section 13.03, subdivision 4, is amended to read:

Subd. 4.

Change in classification of data; effect of dissemination among
agencies.

(a) The classification of new text begin a government entity's new text end data deleted text begin in the possession of an entity deleted text end
shall change if it is required to do so to comply with either judicial or administrative rules
pertaining to the conduct of legal actions or with a specific statute applicable to the data
in the possession of the disseminating or receiving entity.

(b) If data on individuals deleted text begin is deleted text end new text begin are new text end classified as both private and confidential by this
chapter, or any other statute or federal law, the data deleted text begin is deleted text end new text begin are new text end private.

(c) To the extent that government data deleted text begin is deleted text end new text begin are new text end disseminated to a government entity
by another government entity, the data disseminated shall have the same classification
deleted text begin in the hands of deleted text end new text begin at new text end the entity receiving deleted text begin it deleted text end new text begin them new text end as deleted text begin it deleted text end new text begin they new text end had deleted text begin in the hands of deleted text end new text begin at new text end the entity
providing deleted text begin it deleted text end new text begin them new text end .

(d) If a government entity disseminates data to another government entity, a
classification provided for by law deleted text begin in the hands of deleted text end new text begin at new text end the entity receiving the data does not
affect the classification of the data deleted text begin in the hands of deleted text end new text begin at new text end the entity that disseminates the data.

(e) To the extent that judicial branch data deleted text begin is deleted text end new text begin are new text end disseminated to government entities
by the judicial branch, the data disseminated shall have the same level of accessibility
deleted text begin in the hands of the agency deleted text end new text begin at the government entity new text end receiving deleted text begin it deleted text end new text begin them new text end as deleted text begin it deleted text end new text begin they new text end had
deleted text begin in the hands of deleted text end new text begin at new text end the judicial branch entity providing deleted text begin it deleted text end new text begin them. If the data have a specific
classification in state statute or federal law, the government entity must maintain the
data according to the specific classification new text end .

Sec. 5.

Minnesota Statutes 2010, section 13.072, subdivision 2, is amended to read:

Subd. 2.

Effect.

Opinions issued by the commissioner under this section are not
binding on the government entity or members of a body subject to chapter 13D whose
data or performance of duties is the subject of the opinion, but an opinion described in
subdivision 1, paragraph (a), must be given deference by a court or other tribunal in a
proceeding involving the data. The commissioner shall arrange for public dissemination
of opinions issued under this section new text begin , and shall indicate when the principles stated in
an opinion are not intended to provide guidance to all similarly situated persons or
government entities new text end . This section does not preclude a person from bringing any other
action under this chapter or other law in addition to or instead of requesting a written
opinion. A government entity, members of a body subject to chapter 13D, or person that
acts in conformity with a written opinion of the commissioner issued to the government
entity, members, or person or to another party is not liable for compensatory or exemplary
damages or awards of attorneys fees in actions for violations arising under section 13.08
or 13.085, or for a penalty under section 13.09 or for fines, awards of attorney fees, or
any other penalty under chapter 13D. A member of a body subject to chapter 13D is not
subject to forfeiture of office if the member was acting in reliance on an opinion.

Sec. 6.

Minnesota Statutes 2010, section 13.37, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section, the following terms have the
meanings given them.

(a) "Security information" means government data the disclosure of which new text begin the
responsible authority determines new text end would be likely to substantially jeopardize the security of
information, possessions, individuals or property against theft, tampering, improper use,
attempted escape, illegal disclosure, trespass, or physical injury. "Security information"
includes crime prevention block maps and lists of volunteers who participate in community
crime prevention programs and their home addresses and telephone numbers.

(b) "Trade secret information" means government data, including a formula, pattern,
compilation, program, device, method, technique or process (1) that was supplied by the
affected individual or organization, (2) that is the subject of efforts by the individual or
organization that are reasonable under the circumstances to maintain its secrecy, and (3)
that derives independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use.

(c) "Labor relations information" means management positions on economic and
noneconomic items that have not been presented during the collective bargaining process
or interest arbitration, including information specifically collected or created to prepare
the management position.

(d) "Parking space leasing data" means the following government data on an
applicant for, or lessee of, a parking space: residence address, home telephone number,
beginning and ending work hours, place of employment, work telephone number, and
location of the parking space.

Sec. 7.

Minnesota Statutes 2010, section 13.37, subdivision 2, is amended to read:

Subd. 2.

Classification.

new text begin (a) new text end The following government data is classified as nonpublic
data with regard to data not on individuals, pursuant to section 13.02, subdivision 9, and as
private data with regard to data on individuals, pursuant to section 13.02, subdivision 12:
Security information; trade secret information; sealed absentee ballots prior to opening
by an election judge; sealed bids, including the number of bids received, prior to the
opening of the bids; parking space leasing data; and labor relations information, provided
that specific labor relations information which relates to a specific labor organization is
classified as protected nonpublic data pursuant to section 13.02, subdivision 13.

new text begin (b) If a government entity denies a data request based on a determination that the
data are security information, upon request, the government entity must provide a short
description explaining the necessity for the classification.
new text end

Sec. 8.

Minnesota Statutes 2010, section 13.39, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Exclusion. new text end

new text begin This section does not apply when the sole issue or dispute is a
government entity's timeliness in responding to a data request.
new text end

Sec. 9.

Minnesota Statutes 2010, section 13.43, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section, "personnel data" means
government data on individuals maintained because the individual is or was an employee
of or an applicant for employment by, performs services on a voluntary basis for, or acts
as an independent contractor with a government entity. deleted text begin Personnel data includes data
submitted by an employee to a government entity as part of an organized self-evaluation
effort by the government entity to request suggestions from all employees on ways to cut
costs, make government more efficient, or improve the operation of government. An
employee who is identified in a suggestion shall have access to all data in the suggestion
except the identity of the employee making the suggestion.
deleted text end

Sec. 10.

Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Employee suggestion data. new text end

new text begin Personnel data includes data submitted by
an employee to a government entity as part of an organized self-evaluation effort by the
government entity to request suggestions from all employees on ways to cut costs, make
government more efficient, or improve the operation of government. An employee who
is identified in a suggestion has access to all data in the suggestion except the identity
of the employee making the suggestion.
new text end

Sec. 11.

Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision to
read:

new text begin Subd. 19. new text end

new text begin Employee of contractor or subcontractor. new text end

new text begin The personal telephone
number, home address, and e-mail address of an employee of a contractor or subcontractor
doing business with a government entity are private data on individuals.
new text end

Sec. 12.

Minnesota Statutes 2010, section 13.601, subdivision 3, is amended to read:

Subd. 3.

Applicants for appointment.

(a) Data about applicants for appointment to
a public body collected by a government entity as a result of the applicant's application for
appointment to the public body are private data on individuals except that the following
are public:

(1) name;

(2) city of residence, except when the appointment has a residency requirement that
requires the entire address to be public;

(3) education and training;

(4) employment history;

(5) volunteer work;

(6) awards and honors;

(7) prior government service; deleted text begin and
deleted text end

(8) any data required to be provided or that deleted text begin is deleted text end new text begin are new text end voluntarily provided in an
application for appointment to a multimember agency pursuant to section 15.0597 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (9) veteran status.
new text end

(b) Once an individual is appointed to a public body, the following additional items
of data are public:

(1) residential address; deleted text begin and
deleted text end

(2) either a telephone number or electronic mail address where the appointee can be
reached, or both at the request of the appointee deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) first and last dates of service on the public body;
new text end

new text begin (4) the existence and status of any complaints or charges against an appointee; and
new text end

new text begin (5) upon completion of an investigation of a complaint or charge against an
appointee, the final investigative report is public, unless access to the data would
jeopardize an active investigation.
new text end

(c) Notwithstanding paragraph (b), any electronic mail address or telephone number
provided by a public body for use by an appointee shall be public. An appointee may
use an electronic mail address or telephone number provided by the public body as the
designated electronic mail address or telephone number at which the appointee can be
reached.

Sec. 13.

Minnesota Statutes 2010, section 13.82, is amended by adding a subdivision
to read:

new text begin Subd. 30. new text end

new text begin Inactive financial transaction investigative data. new text end

new text begin Investigative data
that become inactive under subdivision 7 that are a person's financial account number or
transaction numbers are private data on individuals or nonpublic data.
new text end

Sec. 14.

Minnesota Statutes 2010, section 13D.015, subdivision 5, is amended to read:

Subd. 5.

Notice.

If telephone or another electronic means is used to conduct a
regular, special, or emergency meeting, the entity shall provide notice of the regular
meeting location, of the fact that some members may participate by electronic means, and
of the provisions of subdivision 4. The timing and method of providing notice is governed
by section 13D.04. In addition, the entity must post the notice on its Web site at least ten
days before deleted text begin the deleted text end new text begin any regular new text end meeting new text begin as defined in section 13D.04, subdivision 1 new text end .

Sec. 15.

Minnesota Statutes 2010, section 84.0874, is amended to read:

84.0874 ELECTRONIC LICENSING SYSTEM DATA.

The following data created, collected, stored, or maintained by the department for
purposes of obtaining a noncommercial game and fish license, cross-country ski pass,
horse pass, or snowmobile trail sticker; registering a recreational motor vehicle; or any
other electronic licensing transaction are private data on individuals as defined in section
13.02, subdivision 12: name, addresses, driver's license number, and date of birth. The
data may be disclosed for law enforcement purposes. The data, other than the driver's
license number, may be disclosed new text begin : new text end

new text begin (1) new text end to a government entity and for natural resources management purposes, including
recruitment, retention, and training certification and verification deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) for use in the normal course of business by a legitimate business or its agents,
employees, or contractors, in order to verify the accuracy of personal information
submitted by an individual. If the information as submitted is not correct or is no longer
correct, correct information may be obtained only for the purpose of preventing fraud
by, pursuing legal remedies against, or recovering on a debt or security interest against
the individual. If the person requesting access is acting as the agent of a lienholder, the
requestor must submit proof of a contract with the lienholder;
new text end

new text begin (3) for use in connection with any civil, criminal, administrative, or arbitration
proceedings in any court or agency or before any self-regulatory body, including service
of process, investigation in anticipation of litigation, and the execution or enforcement of
judgments and orders, or pursuant to a court order, provided that the requestor provides a
copy of the order;
new text end

new text begin (4) for use in providing notice to the owners of towed or impounded recreational
vehicles or watercraft. The person requesting access must provide the name, address, and
telephone number of the entity that requested that the recreational vehicle or watercraft
be towed; new text end

new text begin (5) for use by any insurer or insurance support organization, or by a self-insured
entity, or its agents, employees, or contractors, in connection with claims investigation
activities, antifraud activities, rating, or underwriting; or
new text end

new text begin (6) for use by any licensed private investigative agency or licensed security service.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 13.05, subdivisions 1, 2, and 8, new text end new text begin are repealed.
new text end