SF 385

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/19/2013 12:20pm

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:

Subd. 31.

Automated license plate reader.

(a) 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 or its license plate and comparing the collected
data and photographs to existing law enforcement databases for investigative purposes.

(b) Data collected by an automated license plate reader are confidential data
on individuals or protected nonpublic data if the data are or become active criminal
investigative data.

(c) Data collected by an automated license plate reader that are not classified under
paragraph (b) are private data on individuals or nonpublic data.

(d) Notwithstanding section 138.17, data collected by an automated license plate
reader must be destroyed:

(1) 90 days from the time of collection, if the data are classified under paragraph (c); or

(2) upon request of a program participant under chapter 5B, at the time of collection
or upon receipt of the request, whichever occurs later, unless the data are classified under
paragraph (b).

Data on a request of a program participant under clause (2) are private data on individuals.

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

(1) specific times of day that the reader actively collected data; and

(2) the aggregate number of vehicles or license plates on which data are collected for
each period of active use.

Data in a log required under this paragraph are public.

(f) In addition to the log required under paragraph (e), the law enforcement agency
must maintain records showing the date the data were collected and whether the data are
classified under paragraph (b) or (c). The Department of Public Safety shall conduct
a biennial audit of the records to determine whether data currently in the records are
classified and destroyed as required under this subdivision. Data in the records required
under this paragraph are classified as provided in paragraph (b) or (c). Summary results of
the audit are public.

(g) A law enforcement agency must comply with sections 13.05, subdivision 5; and
13.055 in the operation of automated license plate readers and access to the data.

EFFECTIVE DATE.

This section is effective the day following final enactment.
Data collected before 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.