SF 2919

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; requiring the 
  1.3             consent of an individual for disclosure by state 
  1.4             agencies of the individual's name in order to sell a 
  1.5             product or service; amending Minnesota Statutes 2000, 
  1.6             section 13.04, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 13.04, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] 
  1.11  (a) An individual asked to supply private or confidential data 
  1.12  concerning the individual shall be informed of:  (a) (1) the 
  1.13  purpose and intended use of the requested data within the 
  1.14  collecting state agency, political subdivision, or statewide 
  1.15  system; (b) (2) whether the individual may refuse or is legally 
  1.16  required to supply the requested data; (c) (3) any known 
  1.17  consequence arising from supplying or refusing to supply private 
  1.18  or confidential data; and (d) (4) the identity of other persons 
  1.19  or entities authorized by state or federal law to receive the 
  1.20  data.  This requirement shall not apply when an individual is 
  1.21  asked to supply investigative data, pursuant to section 13.82, 
  1.22  subdivision 5, to a law enforcement officer. 
  1.23     (b) A state agency that requests an individual to provide 
  1.24  public data concerning the individual must inform the individual 
  1.25  in a clear and conspicuous writing at the time of the request of 
  1.26  the provision of this paragraph.  The individual has the right 
  2.1   to authorize disclosure of public data concerning the individual 
  2.2   to any person who seeks directly or indirectly to sell or 
  2.3   attempt to sell a product or service.  The individual may 
  2.4   authorize such disclosure by so indicating in writing.  If a 
  2.5   state agency does not receive such an authorization from an 
  2.6   individual, it shall not disclose data on the individual to any 
  2.7   person who seeks directly or indirectly to sell or attempt to 
  2.8   sell a product or service.