SF 86

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/03/2015 04:21pm

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 2014, section 13.82, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2014, 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 reader. new text end

new text begin (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.
Automated license plate reader includes a device that is owned or operated by a person
who is not a government entity to the extent that data collected by the reader are shared
with a law enforcement agency.
new text end

new text begin (b) Unless the data are public under subdivision 2, 3, or 6, or active criminal
investigative data, the following data collected by an automated license plate reader are
private data on individuals or nonpublic data:
new text end

new text begin (1) license plate numbers;
new text end

new text begin (2) date, time, and location data on vehicles; and
new text end

new text begin (3) pictures of license plates, vehicles, and areas surrounding the vehicles.
new text end

new text begin (c) Notwithstanding section 138.17, data collected by an automated license plate
reader must be destroyed:
new text end

new text begin (1) 90 days from the time of collection, if the data are classified under paragraph
(b), provided that if the law enforcement agency has received a written request that the
data be preserved from an individual who is the subject of a pending criminal charge or
complaint that includes the case or complaint number and a statement that the data may be
used as exculpatory evidence, the data must not be destroyed until the criminal charge
or complaint is resolved or dismissed; or
new text end

new text begin (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 active criminal
investigative data.
new text end

new text begin Data on a request of a program participant under clause (2) are private data on individuals.
If data collected by an automated license plate reader are shared with another law
enforcement agency, the agency that receives the data must comply with the data
destruction requirements of this paragraph.
new text end

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

new text begin (2) 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 (3) for each period of active use, the number of vehicles or license plates in each of
the following categories where the data identify a vehicle or license plate that has been
stolen, a warrant for the arrest of the owner of the vehicle or an owner with a suspended or
revoked driver's license, or are active investigative data; and
new text end

new text begin (4) for a reader at a stationary location, the location at which the reader actively
collected data.
new text end

new text begin Data in a log required under this paragraph are public.
new text end

new text begin (e) In addition to the log required under paragraph (d), the law enforcement agency
must maintain records showing the date the data were collected and the applicable
classification of the data. The law enforcement agency shall arrange for an independent,
triennial audit of the records to determine whether data currently in the records are
classified and destroyed as required under this subdivision and to verify compliance with
paragraph (f). Data in the records required under this paragraph are classified as provided
in paragraph (b). The results of the audit are public.
new text end

new text begin (f) 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. The
responsible authority for a law enforcement agency must establish written procedures to
ensure that law enforcement personnel have access to the data only if authorized in writing
by the chief of police, sheriff, or head of the law enforcement agency, or their designee,
to obtain access to data collected by an automated license plate reader for a legitimate,
specified, and documented law enforcement purpose. Access to the data must be based
only on a reasonable suspicion that the data are pertinent to a criminal investigation,
and a request for access must include a record of the factual basis for the request and
any associated case number, complaint, or incident that is the basis for the request.
Notwithstanding subdivision 24, a law enforcement agency may share data that are
classified under paragraph (b) with another law enforcement agency only if that agency
complies with the requirements of this paragraph.
new text end

new text begin (g) Within ten days of the installation or current use of an automated license plate
reader, a law enforcement agency must notify the Bureau of Criminal Apprehension of
any fixed location of a stationary automated license plate reader and, if applicable, if the
agency uses any other automated license plate reader or any other type of electronic
device or technology that collects data on motor vehicles or occupants that may be used
for identification purposes or for tracking activities of motor vehicles or individuals.
The Bureau of Criminal Apprehension must maintain a list of law enforcement agencies
using automated license plate readers, including locations of any fixed stationary
automated license plate readers. Except to the extent that the bureau, upon request from
the responsible authority of the law enforcement agency, determines that the location of a
specific reader is security information, as defined in section 13.37, this list is accessible
to the public and must be available on the bureau's Web site. In addition, the law
enforcement agency must maintain a list of the current and previous locations, including
dates at those locations, of any fixed stationary automated license plate readers used by the
agency, which is accessible to the public.
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 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.
new text end

Sec. 2.

new text begin [626.8472] AUTOMATED LICENSE PLATE READER POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin Statewide model policy. new text end

new text begin The board, in consultation with
representatives of law enforcement agencies and the commissioner of administration shall
adopt and disseminate a model policy governing the use and operation of automated
license plate readers and standards and procedures for compliance with section 13.82,
subdivision 31. The board shall seek and consider comments of members of the public
when adopting the policy.
new text end

new text begin Subd. 2. new text end

new text begin Agency policies required. new text end

new text begin The chief law enforcement officer of every
state and local law enforcement agency shall establish and enforce a written policy
governing automated license plate readers that is identical or substantially similar to the
model policy adopted by the board. A law enforcement agency that does not comply with
this subdivision must not use an automated license plate reader.
new text end

Sec. 3. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin (a) The Board of Peace Officer Standards and Training shall adopt the model policy
under section 2, subdivision 1, by October 1, 2015.
new text end

new text begin (b) Chief law enforcement officers shall adopt the policy under section 2, subdivision
2, by January 15, 2016.
new text end