SF 3235

Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to data practices; making technical changes; amending Minnesota
Statutes 2006, sections 13.03, subdivision 3; 260B.171, subdivision 5; Minnesota
Statutes 2007 Supplement, section 13.39, subdivisions 2, 2a.

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

Section 1.

Minnesota Statutes 2006, section 13.03, subdivision 3, is amended to read:

Subd. 3.

Request for access to data.

(a) Upon request to a responsible authority
or designee, a person shall be permitted to inspect and copy public government data at
reasonable times and places, and, upon request, shall be informed of the data's meaning. If
a person requests access for the purpose of inspection, the responsible authority may not
assess a charge or require the requesting person to pay a fee to inspect data.

(b) For purposes of this section, "inspection" includes, but is not limited to, the
visual inspection of paper and similar types of government data. Inspection does not
include printing copies by the government entity, unless printing a copy is the only
method to provide for inspection of the data. In the case of data stored in electronic form
and made available in electronic form on a remote access basis to the public by the
government entity, inspection includes remote access to the data by the public and the
ability to print copies of or download the data on the public's own computer equipment.
Nothing in this section prohibits a government entity from charging a reasonable fee for
remote access to data under a specific statutory grant of authority. A government entity
may charge a fee for remote access to data where either the data or the access is enhanced
at the request of the person seeking access.

(c) The responsible authority or designee shall provide copies of public data upon
request. If a person requests copies or electronic transmittal of the data to the person,
the responsible authority may require the requesting person to pay the actual costs of
searching for and retrieving government data, including the cost of employee time, and for
making, certifying, deleted text begin compiling, deleted text end and electronically transmitting the copies of the data or the
data, but may not charge for separating public from not public data. However, if 100 or
fewer pages of black and white, letter or legal size paper copies are requested, actual costs
shall not be used, and instead, the responsible authority may charge no more than 25 cents
for each page copied. If the responsible authority or designee is not able to provide copies
at the time a request is made, copies shall be supplied as soon as reasonably possible.

(d) When a request under this subdivision involves any person's receipt of copies
of public government data that has commercial value and is a substantial and discrete
portion of or an entire formula, pattern, compilation, program, device, method, technique,
process, database, or system developed with a significant expenditure of public funds by
the government entity, the responsible authority may charge a reasonable fee for the
information in addition to the costs of making, certifying, and deleted text begin compiling deleted text end new text begin electronically
transmitting new text end the copies. Any fee charged must be clearly demonstrated by the government
entity to relate to the actual development costs of the information. The responsible
authority, upon the request of any person, shall provide sufficient documentation to
explain and justify the fee being charged.

(e) The responsible authority of a government entity that maintains public
government data in a computer storage medium shall provide to any person making a
request under this section a copy of any public data contained in that medium, in electronic
form, if the government entity can reasonably make the copy or have a copy made.
This does not require a government entity to provide the data in an electronic format or
program that is different from the format or program in which the data are maintained
by the government entity. The entity may require the requesting person to pay the actual
cost of providing the copy.

(f) If the responsible authority or designee determines that the requested data is
classified so as to deny the requesting person access, the responsible authority or designee
shall inform the requesting person of the determination either orally at the time of the
request, or in writing as soon after that time as possible, and shall cite the specific
statutory section, temporary classification, or specific provision of federal law on which
the determination is based. Upon the request of any person denied access to data, the
responsible authority or designee shall certify in writing that the request has been denied
and cite the specific statutory section, temporary classification, or specific provision of
federal law upon which the denial was based.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2, is amended
to read:

Subd. 2.

Civil actions.

(a) Except as provided in paragraph (b), data collected by
deleted text begin state agencies, political subdivisions, or statewide systems deleted text end new text begin a government entity new text end as part of
an active investigation undertaken for the purpose of the commencement or defense of a
pending civil legal action, or which are retained in anticipation of a pending civil legal
action, are classified as protected nonpublic data pursuant to section 13.02, subdivision
13, in the case of data not on individuals and confidential pursuant to section 13.02,
subdivision 3, in the case of data on individuals. Any deleted text begin agency, political subdivision, or
statewide system deleted text end new text begin government entity new text end may make any data classified as confidential or
protected nonpublic pursuant to this subdivision accessible to any person, agency or
the public if the deleted text begin agency, political subdivision, or statewide system deleted text end new text begin government entity
new text end determines that the access will aid the law enforcement process, promote public health or
safety or dispel widespread rumor or unrest.

(b) A complainant has access to a statement provided by the complainant to a
government entity under paragraph (a).

Sec. 3.

Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2a, is
amended to read:

Subd. 2a.

Disclosure of data.

During the time when a civil legal action is
determined to be pending under subdivision 1, any person may bring an action in the
district court in the county where the data deleted text begin is deleted text end new text begin are new text end maintained to obtain disclosure of data
classified as confidential or protected nonpublic under subdivision 2. The court may order
that all or part of the data be released to the public or to the person bringing the action. In
making the determination whether data shall be disclosed, the court shall consider whether
the benefit to the person bringing the action or to the public outweighs any harm to the
public, the government entity, or any person identified in the data. The data in dispute
shall be examined by the court in camera.

Sec. 4.

Minnesota Statutes 2006, section 260B.171, subdivision 5, is amended to read:

Subd. 5.

Peace officer records of children.

(a) Except for records relating to
an offense where proceedings are public under section 260B.163, subdivision 1, peace
officers' records of children who are or may be delinquent or who may be engaged in
criminal acts shall be kept separate from records of persons 18 years of age or older
and are private data but shall be disseminated: (1) by order of the juvenile court, (2) as
required by section 121A.28, (3) as authorized under section 13.82, subdivision 2, (4) to
the child or the child's parent or guardian unless disclosure of a record would interfere
with an ongoing investigation, (5) to the Minnesota crime victims reparations board as
required by section 611A.56, subdivision 2, clause (f), for the purpose of processing
claims for crime victims reparations, or (6) as otherwise provided in this subdivision.
Except as provided in paragraph (c), no photographs of a child taken into custody may be
taken without the consent of the juvenile court unless the child is alleged to have violated
section 169A.20. Peace officers' records containing data about children who are victims
of crimes or witnesses to crimes must be administered consistent with section 13.82,
subdivisions 2, 3, 6, and 17. Any person violating any of the provisions of this subdivision
shall be guilty of a misdemeanor.

In the case of computerized records maintained about juveniles by peace officers,
the requirement of this subdivision that records about juveniles must be kept separate
from adult records does not mean that a law enforcement agency must keep its records
concerning juveniles on a separate computer system. Law enforcement agencies may keep
juvenile records on the same computer as adult records and may use a common index to
access both juvenile and adult records so long as the agency has in place procedures that
keep juvenile records in a separate place in computer storage and that comply with the
special data retention and other requirements associated with protecting data on juveniles.

(b) Nothing in this subdivision prohibits the exchange of information by law
enforcement agencies if the exchanged information is pertinent and necessary for law
enforcement purposes.

(c) A photograph may be taken of a child taken into custody pursuant to section
260B.175, subdivision 1, clause (b), provided that the photograph must be destroyed when
the child reaches the age of 19 years. The commissioner of corrections may photograph
juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles
authorized by this paragraph may be used only for institution management purposes,
case supervision by parole agents, and to assist law enforcement agencies to apprehend
juvenile offenders. The commissioner shall maintain photographs of juveniles in the same
manner as juvenile court records and names under this section.

(d) Traffic investigation reports are open to inspection by a person who has sustained
physical harm or economic loss as a result of the traffic accident. Identifying information
on juveniles who are parties to traffic accidents may be disclosed as authorized under
section 13.82, subdivision deleted text begin 4 deleted text end new text begin 6 new text end , and accident reports required under section 169.09 may be
released under section 169.09, subdivision 13, unless the information would identify a
juvenile who was taken into custody or who is suspected of committing an offense that
would be a crime if committed by an adult, or would associate a juvenile with the offense,
and the offense is not an adult court traffic offense under section 260B.225.

(e) The head of a law enforcement agency or a person specifically given the duty
by the head of the law enforcement agency shall notify the superintendent or chief
administrative officer of a juvenile's school of an incident occurring within the agency's
jurisdiction if:

(1) the agency has probable cause to believe that the juvenile has committed an
offense that would be a crime if committed as an adult, that the victim of the offense is a
student or staff member of the school, and that notice to the school is reasonably necessary
for the protection of the victim; or

(2) the agency has probable cause to believe that the juvenile has committed an
offense described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime
if committed by an adult, regardless of whether the victim is a student or staff member
of the school.

A law enforcement agency is not required to notify the school under this paragraph
if the agency determines that notice would jeopardize an ongoing investigation. For
purposes of this paragraph, "school" means a public or private elementary, middle,
secondary, or charter school.

(f) In any county in which the county attorney operates or authorizes the operation
of a juvenile prepetition or pretrial diversion program, a law enforcement agency or
county attorney's office may provide the juvenile diversion program with data concerning
a juvenile who is a participant in or is being considered for participation in the program.

(g) Upon request of a local social services agency, peace officer records of
children who are or may be delinquent or who may be engaged in criminal acts may be
disseminated to the agency to promote the best interests of the subject of the data.

(h) Upon written request, the prosecuting authority shall release investigative data
collected by a law enforcement agency to the victim of a criminal act or alleged criminal
act or to the victim's legal representative, except as otherwise provided by this paragraph.
Data shall not be released if:

(1) the release to the individual subject of the data would be prohibited under
section 13.821; or

(2) the prosecuting authority reasonably believes:

(i) that the release of that data will interfere with the investigation; or

(ii) that the request is prompted by a desire on the part of the requester to engage in
unlawful activities.