SF 3137

as introduced - 90th Legislature (2017 - 2018) Posted on 03/09/2018 09:19am

A bill for an act
relating to data practices; classifying certain inactive criminal investigative data
as private data; amending Minnesota Statutes 2016, section 13.82, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2016, section 13.82, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Protection of personal privacy. new text end

new text begin Upon request of the subject of the data,
inactive investigative data are private data on individuals if the law enforcement agency
reasonably determines that the data were not relevant to the preparation or prosecution of
the case for which the data were collected or created and:
new text end

new text begin (1) the interest of the subject of the data in not releasing the data outweighs the interest
of the public in disclosure; or
new text end

new text begin (2) release of the data would constitute an unwarranted invasion of the privacy of the
subject of the data.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to requests for access to the data made before, on, or after the
effective date and to cases pending on or commenced on or after the effective date.
new text end