SF 385

as introduced - 88th Legislature (2013 - 2014) Posted on 02/26/2014 10:50am

A bill for an act
relating to data practices; classifying data related to automated license plate
readers; requiring a log of use; requiring data to be destroyed in certain
circumstances; amending Minnesota Statutes 2012, section 13.82, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2012, section 13.82, is amended by adding a subdivision
to read:

new text begin Subd. 31. new text end

new text begin Automated license plate readers. new text end

new text begin (a) Data collected by an automated
license plate reader are classified as confidential or protected nonpublic, if the data indicates
that the vehicle or its owner or occupants are the subject of an active criminal investigation
or other preexisting law enforcement or correctional proceeding, sanction, or supervision.
new text end

new text begin (b) Data collected by an automated license plate reader must be destroyed:
new text end

new text begin (1) at the time of collection, if the data does not meet the requirements for
classification under paragraph (a); or
new text end

new text begin (2) at the time the active criminal investigation indicated by the data becomes
inactive, if criminal charges are not filed related to the investigation, or at the time
the preexisting law enforcement or correctional proceeding, sanction, or supervision
is resolved or completed.
new text end

new text begin (c) A law enforcement agency that installs or uses an automated license plate reader
must maintain a log of its use, including:
new text end

new text begin (1) locations at which the reader is installed or used;
new text end

new text begin (2) specific times of day that the reader actively collected data; and
new text end

new text begin (3) the aggregate number of vehicles or license plates on which data are collected for
each period of active use.
new text end

new text begin Notwithstanding any other law to the contrary, data contained in a log required
under this paragraph are public at all times.
new text end

new text begin (d) As used in this subdivision, "automated license plate reader" means an electronic
device mounted on a law enforcement vehicle or positioned in a stationary location that
is capable of recording data on, or taking a photograph of, a vehicle, its license plate, or
its occupants without notice to the owner or occupants of the vehicle and comparing the
collected data and photographs to existing law enforcement databases for investigative
purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
Data collected prior to the effective date of this section must be destroyed, if required by
this section, no later than 15 days after the date this section becomes effective.
new text end