Minnesota Legislature
SF 3406
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to data practices; amending certain temporary classification provisions;
classifying data; amending data privacy provisions; amending Minnesota Statutes
2006, sections 13.06, subdivisions 1, 3, 4, 5, by adding subdivisions; 13.601,
subdivision 3; 13.64; 13.72, subdivision 13; repealing Minnesota Statutes 2006,
section 13.06, subdivision 2; Minnesota Rules, part 1205.1800.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
TEMPORARY CLASSIFICATIONS
Section 1.
Minnesota Statutes 2006, section 13.06, subdivision 1, is amended to read:
Subdivision 1.
Application to commissioner.
Notwithstanding the provisions
of section 13.03, the responsible authority of a government entity may apply to the
commissioner for permission to classify data or types of data on individuals as private
or confidential, or data not on individuals as nonpublic or protected nonpublic, for its
own use and for the use of other similar government entities on a temporary basis until
a proposed statute can be acted upon by the legislature. The application for temporary
classification is public.
Upon deleted text begin the filingdeleted text end new text begin receipt by the commissionernew text end of an application for temporary
classification, the data which is the subject of the application shall be deemed to be
classified as set forth in the application for a period of 45 days, or until the application is
disapproved, rejected, or granted by the commissioner, whichever is earlier.
If the commissioner determines that an application has been submitted for purposes
not consistent with this section, the commissioner may immediately reject the application,
give notice of that rejection to the applicant, and return the application. When the
applicant receives the notice of rejection from the commissioner, the data which was the
subject of the application shall have the classification it had before the application was
submitted to the commissioner.
Sec. 2.
Minnesota Statutes 2006, section 13.06, subdivision 3, is amended to read:
Subd. 3.
Contents of application deleted text begin for nonpublic or nonpublic protected datadeleted text end .
An application for temporary classification of government data deleted text begin not on individualsdeleted text end shall
include and the applicant shall have the burden of clearly establishing that no statute
currently exists which either allows or forbids classification as deleted text begin nonpublic or protected
nonpublicdeleted text end new text begin not publicnew text end ; and deleted text begin eitherdeleted text end new text begin one or more of the following:
new text end
(a) that data similar to that for which the temporary classification is sought deleted text begin hasdeleted text end new text begin havenew text end
been deleted text begin treateddeleted text end new text begin classifiednew text end as deleted text begin nonpublic or protected nonpublicdeleted text end new text begin not publicnew text end by other government
entitiesdeleted text begin , and by the publicdeleted text end ; deleted text begin or
deleted text end
(b) public access to the data would render unworkable a program authorized by
law; deleted text begin ordeleted text end new text begin and
new text end
(c) that a compelling need exists for immediate temporary classification, which if not
granted could adversely affect the new text begin public interest, new text end health, safety deleted text begin ordeleted text end new text begin ,new text end welfare deleted text begin of the publicdeleted text end new text begin
or data subject's well-being or reputationnew text end .
Sec. 3.
Minnesota Statutes 2006, section 13.06, subdivision 4, is amended to read:
Subd. 4.
Procedure when classification affects others.
If the commissioner
determines that an application for temporary classification involves data which would
reasonably be classified in the same manner by all government entities similar to the
one which made the application, the commissioner may approve or disapprove the
classification for data of the kind which is the subject of the application for the use
of all government entities similar to the applicant.new text begin If requested in the application, the
commissioner may also determine how the data classification affects similar government
entities.new text end On deeming this approach advisable, the commissioner shall provide notice of
the proposed action by publication deleted text begin in the State Registerdeleted text end new text begin of the application on the Web site
of the Department of Administration's Information Policy Analysis Divisionnew text end within ten
new text begin business new text end days of receiving the application. Within 30 days after publication deleted text begin in the State
Registerdeleted text end new text begin on the division's Web site,new text end an affected government entity or the public may
submit comments on the commissioner's proposal. The commissioner shall consider
any comments received when granting or denying a classification for data of the kind
which is the subject of the application, for the use of all government entities similar to
the applicant. Within 45 days after the close of the period for submitting comment, the
commissioner shall grant or disapprove the application. Applications processed under
this subdivision shall be either approved or disapproved by the commissioner within 90
days of the receipt of the application. For purposes of subdivision 1, the data which
is the subject of the classification shall be deemed to be classified as set forth in the
application for a period of 90 days, or until the application is disapproved or granted by
the commissioner, whichever is earlier. deleted text begin If requested in the application, or determined to be
necessary by the commissioner, the data in the application shall be so classified for all
government entities similar to the applicant until the application is disapproved or granted
by the commissioner, whichever is earlier.deleted text end Proceedings after the grant or disapproval shall
be governed by the provisions of subdivision 5.
Sec. 4.
Minnesota Statutes 2006, section 13.06, is amended by adding a subdivision to
read:
new text begin Subd. 4a. new text end
new text begin Withdrawal of application. new text end
new text begin
Except when an application is processed
under subdivision 4, an application may be withdrawn by the responsible authority prior
to the grant or disapproval of the temporary classification by the commissioner. The
responsible authority shall notify the commissioner in writing of the entity's intent to
withdraw the application. The written withdrawal must state the reason the temporary
classification is no longer necessary and must be signed by the responsible authority.
new text end
Sec. 5.
Minnesota Statutes 2006, section 13.06, subdivision 5, is amended to read:
Subd. 5.
Determination.
The commissioner shall either grant or disapprove
the application for temporary classification within 45 days after it is deleted text begin fileddeleted text end new text begin received by
the commissionernew text end . On disapproving an application, the commissioner shall set forth
in detail reasons for the disapproval, and shall include a statement of belief as to what
classification is appropriate for the data which is the subject of the application. Twenty
days after the date deleted text begin ofdeleted text end new text begin the responsible authority receivesnew text end the commissioner's disapproval
of an application, the data which is the subject of the application shall become public
data, unless the responsible authority submits an amended application for temporary
classification which requests the classification deemed appropriate by the commissioner
in the statement of disapproval or which sets forth additional information relating to the
original proposed classification. Upon the filing of an amended application, the data
which is the subject of the amended application shall be deemed to be classified as set
forth in the amended application for a period of 20 days or until the amended application
is granted or disapproved by the commissioner, whichever is earlier. The commissioner
shall either grant or disapprove the amended application within 20 days after it is filed.
Five working days after the date deleted text begin ofdeleted text end new text begin the responsible authority receivesnew text end the commissioner's
disapproval of the amended application, the data which is the subject of the application
shall become public data. No more than one amended application may be submitted for
any single file or system.
If the commissioner grants an application for temporary classificationnew text begin under this
sectionnew text end , it shall become effective immediately, and the complete record relating to the
application shall be submitted to the attorney general, who shall review the classification as
to form and legality. Within 25 days, the attorney general shall approve the classification,
disapprove a classification as confidentialnew text begin or protected nonpublicnew text end but approve a
classification as privatenew text begin or nonpublicnew text end , or disapprove the classification. If the attorney
general disapproves a classification, the data which is the subject of the classification shall
become public data five working days after the date of the attorney general's disapproval.
Sec. 6.
Minnesota Statutes 2006, section 13.06, is amended by adding a subdivision to
read:
new text begin Subd. 6a. new text end
new text begin Data use and dissemination. new text end
new text begin
A responsible authority may request
approval from the commissioner for a new or different use or dissemination of the data
as provided in section 13.05, subdivision 4, for any data temporarily classified under
this section.
new text end
Sec. 7. new text begin REPEALER.
new text end
new text begin
(a) Minnesota Statutes 2006, section 13.06, subdivision 2,
new text end
new text begin
is repealed.
new text end
new text begin
(b) Minnesota Rules, part 1205.1800,
new text end
new text begin
is repealed.
new text end
ARTICLE 2
MISCELLANEOUS
Section 1.
Minnesota Statutes 2006, section 13.601, subdivision 3, is amended to read:
Subd. 3.
Applicants for election or appointment.
new text begin Data on candidates for election
or applicants for appointment to boards, commissions, committees, task forces, advisory
groups, or other public bodies are private except that new text end the following data deleted text begin on all applicants
for election or appointment to a public body, including those subject to chapter 13D,deleted text end are
public: name, deleted text begin city of residencedeleted text end new text begin addressnew text end , education and training, employment history,
volunteer work, awards and honors, and prior government service or experience.
Sec. 2.
Minnesota Statutes 2006, section 13.64, is amended to read:
13.64 DEPARTMENT OF ADMINISTRATION DATA.
(a) Notes and preliminary drafts of reports created, collected, or maintained by the
Management Analysis Division, Department of Administration, and prepared during
management studies, audits, reviews, consultations, or investigations are classified as
confidential or protected nonpublic data until the final report has been published or
preparation of the report is no longer being actively pursued.
(b) Data that support the conclusions of the report and that the commissioner of
administration reasonably believes will result in litigation are confidential or protected
nonpublic until the litigation has been completed or until the litigation is no longer
being actively pursued.
(c) Data on individuals that could reasonably be used to determine the identity of an
individual supplying data for a report are private if:
(1) the data supplied by the individual were needed for a report; and
(2) the data would not have been provided to the Management Analysis Division
without an assurance to the individual that the individual's identity would remain private,
or the Management Analysis Division reasonably believes that the individual would not
have provided the data.
new text begin
(d) Building plans, blueprints, and drawings of state-owned facilities and
nonstate-owned facilities leased by the state are classified as nonpublic data when
maintained by the Department of Administration and may be shared with anyone as
needed to perform duties of the commissioner.
new text end
Sec. 3.
Minnesota Statutes 2006, section 13.72, subdivision 13, is amended to read:
Subd. 13.
Account data.
The following data pertaining to applicants for or users
of toll facilities,new text begin dynamic shoulder lanes,new text end and high-occupancy vehicle lanes for which a
user fee is charged under section 160.93, are classified as nonpublic data with regard
to data not on individuals and as private data with regard to data on individuals: data
contained in applications for the purchase, lease, or rental of a device such as an electronic
vehicle transponder which automatically assesses charges for a vehicle's use of toll roads;
personal and vehicle identification data; financial and credit data; and toll road usage data.
Nothing in this subdivision prohibits the production of summary data as defined in section
13.02, subdivision 19.new text begin For purposes of this subdivision, "dynamic shoulder lane" means
the shoulders of a freeway on which the commissioner of transportation may allow the
operation of vehicles during certain periods.
new text end