SF 2789

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2014 09:32am

A bill for an act
relating to public safety; requiring government entities to obtain search warrants
before obtaining certain types of personal identifying information on an
individual; amending Minnesota Statutes 2012, section 626A.28, subdivisions 1,
4; proposing coding for new law in Minnesota Statutes, chapter 626A; repealing
Minnesota Statutes 2012, section 626A.28, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 626A.28, subdivision 1, is amended to read:

Subdivision 1.

Contents of electronic communications in electronic storage.

A
governmental entity may require the disclosure by a provider of electronic communication
service of the contents of an electronic communication that is in electronic storage in
an electronic communications system deleted text begin for 180 days or less deleted text end only under a warrant. deleted text begin A
government entity may require the disclosure by a provider of electronic communications
services of the contents of an electronic communication that has been in electronic storage
in an electronic communications system for more than 180 days by the means available
under subdivision 2.
deleted text end

Sec. 2.

Minnesota Statutes 2012, section 626A.28, subdivision 4, is amended to read:

Subd. 4.

Requirements for court order.

A court order for disclosure under
subdivision deleted text begin 2 or deleted text end 3 must issue only if the governmental entity shows that there is reason
to believe the contents of a wire or electronic communication, or the records or other
information sought, are relevant to a legitimate law enforcement inquiry. A court issuing
an order pursuant to this section, on a motion made promptly by the service provider,
may quash or modify such order, if the information or records requested are unusually
voluminous in nature or compliance with such order otherwise would cause an undue
burden on such provider.

Sec. 3.

new text begin [626A.42] PERSONAL IDENTIFYING INFORMATION; SEARCH
WARRANT AND NOTICE REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) An "adverse result" occurs when notification of the existence of a search warrant
results in:
new text end

new text begin (1) danger to the life or physical safety of an individual;
new text end

new text begin (2) a flight from prosecution;
new text end

new text begin (3) the destruction of or tampering with evidence;
new text end

new text begin (4) the intimidation of a potential witness; or
new text end

new text begin (5) serious jeopardy to an investigation or undue delay of a trial.
new text end

new text begin (c) "Electronic device" means a device that enables access to or use of an electronic
communication service, remote computing service, or global positioning or other mapping,
locational, or directional service.
new text end

new text begin (d) "Financial institution" has the meaning given in section 13A.01, subdivision 2.
new text end

new text begin (e) "Financial record" has the meaning given in section 13A.01, subdivision 3.
new text end

new text begin (f) "Government entity" means a state or local agency, including but not limited to a
law enforcement entity or any other investigative entity, agency, department, division,
bureau, board, or commission or an individual acting or purporting to act for or on behalf
of a state or local agency.
new text end

new text begin (g) "Health record" has the meaning given in section 144.291, subdivision 2.
new text end

new text begin (h) "Personal identifying information" includes information concerning or that
reasonably could be construed as concerning the identity, location, or activities of an
individual. The term includes the individual's name, physical or electronic address,
telephone number, telephone numbers dialed or received, addresses from which electronic
communications were sent or received, addresses of Web sites visited, billing records,
health records, financial records, and physical location, including the location of electronic
devices and other personal property owned or possessed by the individual.
new text end

new text begin The term includes information that, in whole or in part, is generated or derived from
or obtained by the retrieval of records held by a third party and by the use of technology
that enables the user to obtain information in the aggregate or on a mass or comprehensive
scale, or that a reasonable person would consider private or otherwise not readily available
to the public. The term does not include information that is accessible to the public under
other law or readily available or observable to the public when actually obtained through
the direct observation by the line of sight of a person or group of persons.
new text end

new text begin (i) "Remote computing service" has the meaning given in section 626A.34.
new text end

new text begin Subd. 2. new text end

new text begin Search warrant required for personal identifying information. new text end

new text begin (a)
Except as provided in paragraphs (b) and (c), a government entity may not obtain personal
identifying information concerning an individual without a search warrant. A court order
granting access to this information must be issued only if the government entity shows
that there is probable cause for belief that the person who is the subject of the personal
identifying information is committing, has committed, or is about to commit a criminal
offense.
new text end

new text begin (b) A government entity may obtain location information concerning the location
of a person's electronic device without a search warrant:
new text end

new text begin (1) when the electronic device is reported lost or stolen by the owner;
new text end

new text begin (2) to respond to the user's call for emergency services;
new text end

new text begin (3) with the informed, affirmative consent of the owner or user of the device;
new text end

new text begin (4) with the informed, affirmative consent of the legal guardian or next of kin of the
owner or user of the device if the owner or user is believed to be deceased or reported
missing and unable to be contacted; or
new text end

new text begin (5) there exists a potentially life-threatening situation.
new text end

new text begin (c) A government entity may obtain personal identifying information other than that
described in paragraph (b) without a search warrant with the informed, affirmative consent
of the subject of the information or in the event of a potentially life-threatening situation.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin (a) Notice must be given to the subject of personal identifying
information obtained by a government entity under this section.
new text end

new text begin (b) Unless delayed notice is ordered under paragraph (c), the government entity shall
provide notice to the subject within three days of obtaining the information. The notice
must be made by service or delivered by registered or first-class mail, e-mail, or any other
means reasonably calculated to be effective as specified by the court issuing the warrant.
The notice must contain the following information:
new text end

new text begin (1) the nature of the law enforcement inquiry, with reasonable specificity;
new text end

new text begin (2) the type of information that was obtained by, supplied to, or requested by the
government entity and the date on which it was obtained, provided, or requested;
new text end

new text begin (3) if information was obtained from a third party, the identity of the provider of
the information; and
new text end

new text begin (4) whether the notification was delayed pursuant to paragraph (c) and, if so, the
court that granted the delay and the reasons for granting the delay.
new text end

new text begin (c) A government entity may include in the application for a warrant a request
for an order to delay the notification required under this subdivision for a period not to
exceed ten days. The court shall issue the order if the court determines that there is reason
to believe that notification may have an adverse result. Upon expiration of the period of
delay granted under this paragraph and any extension granted under paragraph (e), the
government entity shall provide the subject of the warrant a copy of the warrant together
with a notice pursuant to paragraph (b).
new text end

new text begin (d) A government entity may include in its application for a warrant a request for an
order directing a third party to whom a warrant is directed not to notify any other person
of the existence of the warrant for a period of not more than ten days. The court shall
issue the order if the court determines that there is reason to believe that notification of
the existence of the warrant may have an adverse result.
new text end

new text begin (e) The court, upon application, may grant one or more extensions of orders granted
under paragraph (c) or (d) for up to an additional ten days.
new text end

new text begin Subd. 4. new text end

new text begin Construction. new text end

new text begin This section shall be construed liberally by courts to
protect the privacy of individuals. Examples used in the definitions are illustrative and
not comprehensive.
new text end

new text begin Subd. 5. new text end

new text begin Retention of information. new text end

new text begin (a) A government unit may keep personal
identifying information obtained under this section for up to 60 days.
new text end

new text begin (b) A government unit may seek a court order extending the 60-day period. A
court shall grant this extension if the court determines that an extension is necessary to
avoid serious jeopardy to an investigation or undue delay of a trial. If the court grants an
extension, the court shall specify the duration of the extension.
new text end

new text begin (c) Notwithstanding section 138.17, a government unit shall destroy personal
identifying information obtained under this section at the end of the time period specified
in paragraphs (a) and (b).
new text end

new text begin Subd. 6. new text end

new text begin Prosecutorial disclosure. new text end

new text begin The prosecutor shall disclose to the defense any
search warrants for personal identifying information obtained under this section, along
with the information described in subdivision 3, paragraph (b), clauses (2) and (3). This
information must be provided no later than the omnibus hearing in a felony or gross
misdemeanor prosecution or the arraignment or trial in a misdemeanor prosecution.
new text end

new text begin Subd. 7. new text end

new text begin Use of information. new text end

new text begin Personal identifying information obtained pursuant
to a search warrant under this section may not be shared with or transferred to another
federal, state, or local government authority unless that authority has obtained a search
warrant for the information.
new text end

new text begin Subd. 8. new text end

new text begin Admissibility of improperly obtained information. new text end

new text begin Evidence obtained
in violation of this section, and all evidence obtained in any manner in whole or in part
through or resulting from information obtained in violation of this section is inadmissible
for any purpose in any action, proceeding, or hearing, except that:
new text end

new text begin (1) the evidence is admissible in any civil or criminal action, proceeding, or hearing
against the person who has, or is alleged to have, violated this section; and
new text end

new text begin (2) any evidence obtained by a lawfully executed warrant issued by a federal
court or by a court of competent jurisdiction of another state is admissible in any civil
or criminal proceeding.
new text end

new text begin Subd. 9. new text end

new text begin Conflicting provisions superseded. new text end

new text begin This section supersedes any
conflicting provision in law in effect on March 1, 2014.
new text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin By January 15, 2015, the revisor of statutes shall prepare a bill for introduction in
the 2015 legislative session making conforming changes in law necessitated by this act.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 626A.28, subdivision 2, new text end new text begin is repealed.
new text end