as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to economic security; modifying provisions on 1.3 collection of data; amending Minnesota Statutes 1997 1.4 Supplement, section 268.19. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1997 Supplement, section 1.7 268.19, is amended to read: 1.8 268.19 [INFORMATION.] 1.9 (a) Except ashereinafter otherwiseprovided, data gathered 1.10 from anyemploying unitemployer or individual pursuant to the 1.11 administration of sections 268.03 to 268.23,and from any1.12determination as to the benefit rights of any individualare 1.13 private data on individuals or nonpublic data not on individuals 1.14 as defined in section 13.02, subdivisions 9 and 12, and may not 1.15 be disclosed except pursuant to a court order or section 13.05. 1.16 These data may be disseminated to and used by the following 1.17 agencies without the consent of the subject of the data: 1.18(a)(1) state and federal agencies specifically authorized 1.19 access to the data by state or federal law; 1.20(b)(2) any agency ofthisMinnesota or any other state; or 1.21 any federal agency charged with the administration of an 1.22 employment security law or the maintenance of a system of public 1.23 employment offices; 1.24(c) local(3) human rightsgroupsagencies withinthe1.25stateMinnesota which have enforcement powers; 2.1(d)(4) the department of revenue shall have access to 2.2 departmentof economic securityprivate data on individuals and 2.3 nonpublic data not on individuals only to the extent necessary 2.4 for enforcement of Minnesota tax laws; 2.5(e)(5) public and private agencies responsible for 2.6 administering publicly financed assistance programs for the 2.7 purpose of monitoring the eligibility of the program's 2.8 recipients; 2.9(f)(6) the department of labor and industry on an 2.10 interchangeable basis with the departmentof economic security2.11 subject to the following limitations and notwithstanding any law 2.12 to the contrary: 2.13(1)(i) the departmentof economic securityshall have 2.14 access to private data on individuals and nonpublic data not on 2.15 individuals for uses consistent with the administration of its 2.16 duties under sections 268.03 to 268.23; and 2.17(2)(ii) the department of labor and industry shall have 2.18 access to private data on individuals and nonpublic data not on 2.19 individuals for uses consistent with the administration of its 2.20 duties understateMinnesota law; 2.21(g)(7) the department of trade and economic development 2.22 may have access to private data on individualemploying units2.23 employers and nonpublic data not on individualemploying units2.24 employers for its internal use only; when received by the 2.25 department of trade and economic development, the data remain 2.26 private data on individuals or nonpublic data; 2.27(h)(8) local and state welfare agencies for monitoring the 2.28 eligibility of the data subject for assistance programs, or for 2.29 any employment or training program administered by those 2.30 agencies, whether alone, in combination with another welfare 2.31 agency, or in conjunction with the departmentof economic2.32security; 2.33(i)(9) local, state, and federal law enforcement agencies 2.34 for the sole purpose of ascertaining the last known address and 2.35 employment location of the data subject, provided the data 2.36 subject is the subject of a criminal investigation; and 3.1(j)(10) the department of health may have access to 3.2 private data on individuals and nonpublic data not on 3.3 individuals solely for the purposes of epidemiologic 3.4 investigations. 3.5 (b) Data on individuals andemploying unitsemployers which 3.6 are collected, maintained, or used by the department in an 3.7 investigation pursuant to section 268.182 are confidential as to 3.8 data on individuals and protected nonpublic data not on 3.9 individuals as defined in section 13.02, subdivisions 3 and 13, 3.10 and shall not be disclosed except pursuant to statute or court 3.11 order or to a party named in a criminal proceeding, 3.12 administrative or judicial, for preparation of a defense. 3.13 (c) Tape recordings and transcripts of recordings of 3.14 proceedings conducted in accordance with section 268.105 and 3.15 exhibits received into evidence at those proceedings are private 3.16 data on individuals and nonpublic data not on individuals and 3.17 shall be disclosed only pursuant to the administration of 3.18 section 268.105, or pursuant to a court order. 3.19Aggregate data about employers compiled from individual job3.20orders placed with the department of economic security are3.21private data on individuals and nonpublic data not on3.22individuals as defined in section 13.02, subdivisions 9 and 12,3.23if the commissioner determines that divulging the data would3.24result in disclosure of the identity of the employer.3.25 (d) The department may disseminate, for noncommercial use, 3.26 an employer's name, address, industry code, occupations 3.27 employed, and the number of employees by ranges of not less than 3.28 100 for the purpose of assisting individuals in obtaining 3.29 employment. 3.30 (e) The general aptitude test battery and the nonverbal 3.31 aptitude test battery as administered by the department arealso3.32classified asprivate data on individuals or nonpublic data. 3.33 (f) Data on individuals collected, maintained, or created 3.34 because an individual applies for benefits or services provided 3.35 by the energy assistance and weatherization programs 3.36 administered by the departmentof economic securityis private 4.1 data on individuals and shall not be disseminated except 4.2 pursuant to section 13.05, subdivisions 3 and 4. 4.3 (g) Data gathered by the department pursuant to the 4.4 administration of sections 268.03 to 268.23 shall not be made 4.5 the subject or the basis for any suit in any civil proceedings, 4.6 administrative or judicial, unless the action is initiated by 4.7 the department.