SF 3309

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to data practices; regulating business screening services; providing civil
penalties and remedies; proposing coding for new law in Minnesota Statutes,
chapter 332.

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

Section 1.

new text begin [332.70] BUSINESS SCREENING SERVICES; DATA PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (a) "Business screening service" means a person regularly engaged in the business
of collecting, assembling, evaluating, or disseminating criminal record information on
individuals for a fee. Business screening service does not include a government entity, as
defined in section 13.02, or the news media.
new text end

new text begin (b) "Conviction" has the meaning given in section 609.02, subdivision 5.
new text end

new text begin (c) "Criminal record" means a record of an arrest, citation, prosecution, criminal
proceeding, or conviction.
new text end

new text begin (d) "Government entity" has the meaning given in section 13.02.
new text end

new text begin Subd. 2. new text end

new text begin Notice to subject. new text end

new text begin At least ten days before completing a criminal record
report, a business screening service shall notify the individual who is the subject of the
request that a search of criminal records regarding the individual has been requested.
The notice must include:
new text end

new text begin (1) the name and contact information of the person requesting the criminal record
report;
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new text begin (2) a statement that the subject has the right to inspect any public data or information
obtained from a commercially available database used to prepare the report, to request that
the business screening service correct erroneous information, and that the subject may
provide information to the business screening service relevant to the reinvestigation of the
accuracy or completeness of the record; and
new text end

new text begin (3) other rights available to the subject under this section.
new text end

new text begin The business screening service shall provide a complete copy of the criminal record report
to the subject at the same time the information is provided to the requester.
new text end

new text begin Subd. 3. new text end

new text begin Verification of records; contents of report. new text end

new text begin (a) A business screening
service must not disseminate a criminal record unless the record has been updated within
the previous 30 days.
new text end

new text begin (b) A business screening service must not disclose a criminal record if the use
or disclosure of the record by a government entity would be prohibited because the
time period for use or disclosure of the record by the government entity has expired. A
report using public criminal record information must identify the source from which the
information was obtained, including the specific court or government entity.
new text end

new text begin (c) A criminal record report must include a glossary of criminal court terms used
in the report, such as continued for dismissal, dismissal, stay of imposition, stay of
adjudication, misdemeanor, petty misdemeanor, adjudication of delinquency, conviction,
acquittal, and probable cause not found.
new text end

new text begin Subd. 4. new text end

new text begin Correction or deletion of records. new text end

new text begin (a) If the completeness or accuracy of
a criminal record maintained by a business screening service is disputed by the individual
who is the subject of the record, the screening service shall, without charge, investigate
the disputed record. In conducting an investigation, the business screening service shall
review and consider all relevant information submitted by the subject of the record with
respect to the disputed record.
new text end

new text begin (b) If the disputed record is found to be inaccurate or incomplete, or sealed,
expunged, or the subject of a pardon, the business screening service shall promptly delete
the record.
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new text begin (c) The business screening service shall notify the subject of the disputed record of
the correction or deletion of the record or of completion of the investigation related to
the record within 30 days of the date when the agency receives notice of the dispute from
the subject of the record.
new text end

new text begin Subd. 5. new text end

new text begin Date and notice required. new text end

new text begin A business screening service that disseminates
a criminal record must include the date when the record was collected and a notice that
the information may include records that have been expunged, sealed, or otherwise have
become inaccessible to the public since that date.
new text end

new text begin Subd. 6. new text end

new text begin Remedies; relationship to the Fair Credit Reporting Act. new text end

new text begin (a) A business
screening service that violates this section is liable to the individual who is the subject of
the record for a penalty of $1,000 or actual damages caused by the violation, whichever is
greater, plus costs and disbursements and reasonable attorney fees. In addition, the public
and private remedies in section 8.31 apply to violations of this section.
new text end

new text begin (b) A business screening service in compliance with the applicable provisions of the
Fair Credit Reporting Act, United State Code, title 15, section 1681, et seq., is considered
to be in compliance with this section. Those entities are subject to the state remedies under
this subdivision when their actions would violate this section and federal law.
new text end

new text begin Subd. 7. new text end

new text begin Service of process; jurisdiction. new text end

new text begin A business screening service that
disseminates criminal record information in this state or that obtains a criminal record
from a government entity, as defined in section 13.02, or a court in this state is deemed to
have consented to service of process in this state for purposes of section 5.25, subdivision
4, or other applicable law and to the jurisdiction of courts in this state for actions involving
a violation of this section.
new text end