Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 298-H.F.No. 1589 
           An act relating to collection and dissemination of 
          data; classifying government data as confidential, 
          private, nonpublic, protected nonpublic, and public; 
          clarifying issues relating to classifications of data, 
          access to data, the effect of death of individuals on 
          classifications, and classifications of inactive 
          investigative data; refining provisions of the data 
          practices act; authorizing a court to order the 
          release of certain information; amending Minnesota 
          Statutes 1984, sections 13.03, subdivision 3, and by 
          adding subdivisions; 13.08, subdivision 1, and by 
          adding a subdivision; 13.09; 13.32, subdivision 1, and 
          by adding a subdivision; 13.39, by adding a 
          subdivision; 13.43, subdivision 4; 13.46, subdivisions 
          1, 2, 3, 7, and 10; 13.65, subdivision 1; 13.71; 
          13.72, by adding subdivisions; 13.82, subdivisions 1 
          and 5, and by adding subdivisions; 13.83, by adding a 
          subdivision; 13.84, subdivisions 1 and 6; 144.335, 
          subdivision 2; and 254A.09; repealing Minnesota 
          Statutes 1984, sections 13.73 and 13.81; proposing 
          coding for new law in Minnesota Statutes, chapters 13 
          and 144. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 13.03, 
subdivision 3, is amended to read: 
    Subd. 3.  [REQUEST FOR ACCESS TO DATA.] Upon request to a 
responsible authority or designee, a person shall be permitted 
to inspect and copy public government data at reasonable times 
and places, and if the person requests, he, upon request, shall 
be informed of the data's meaning.  The responsible authority 
may not require the requesting person to pay a fee to inspect 
data.  The responsible authority or designee shall provide 
copies of public government data upon request.  The responsible 
authority may require the requesting person to pay the actual 
costs of searching for and retrieving government data and for 
making, certifying and compiling the copies of the data but may 
not charge for separating public from not public data.  If the 
responsible authority or designee is not able to provide copies 
at the time a request is made he, copies shall supply copies be 
supplied as soon as reasonably possible. 
    When a request under this subdivision involves any person's 
receipt of copies of public government data that has commercial 
value and is an entire formula, pattern, compilation, program, 
device, method, technique, process, data base, or system 
developed with a significant expenditure of public funds by the 
agency, the responsible authority may charge a reasonable fee 
for the information in addition to the costs of making, 
certifying, and compiling the copies.  Any fee charged must be 
clearly demonstrated by the agency to relate to the actual 
development costs of the information.  The responsible 
authority, upon the request of any person, shall provide 
sufficient documentation to explain and justify the fee being 
charged.  
    If the responsible authority or designee determines that 
the requested data is classified so as to deny the requesting 
person access, the responsible authority or designee shall 
inform the requesting person of the determination either orally 
at the time of the request, or in writing as soon after that 
time as possible, and shall cite the specific statutory section, 
temporary classification, or specific provision of federal law 
on which the determination is based.  Upon the request of any 
person denied access to data, the responsible authority or 
designee shall certify in writing that the request has been 
denied and cite the specific statutory section, temporary 
classification, or specific provision of federal law upon which 
the denial was based.  
    Sec. 2.  Minnesota Statutes 1984, section 13.03, is amended 
by adding a subdivision to read: 
    Subd. 6.  [DISCOVERABILITY OF NOT PUBLIC DATA.] If a state 
agency, political subdivision, or statewide system opposes 
discovery of government data or release of data pursuant to 
court order on the grounds that the data are classified as not 
public, the party that seeks access to the data may bring before 
the appropriate presiding judicial officer, arbitrator, or 
administrative law judge an action to compel discovery or an 
action in the nature of an action to compel discovery.  
    The presiding officer shall first decide whether the data 
are discoverable or releasable pursuant to the rules of evidence 
and of criminal, civil, or administrative procedure appropriate 
to the action.  
    If the data are discoverable the presiding officer shall 
decide whether the benefit to the party seeking access to the 
data outweighs any harm to the confidentiality interests of the 
agency maintaining the data, or of any person who has provided 
the data or who is the subject of the data, or to the privacy 
interest of an individual identified in the data.  In making the 
decision, the presiding officer shall consider whether notice to 
the subject of the data is warranted and, if warranted, what 
type of notice must be given.  The presiding officer may fashion 
and issue any protective orders necessary to assure proper 
handling of the data by the parties.  
    Sec. 3.  Minnesota Statutes 1984, section 13.03, is amended 
by adding a subdivision to read:  
    Subd. 7.  [DATA TRANSFERRED TO ARCHIVES.] When government 
data that is classified as not public by this chapter or any 
other statute, including private data on decedents and 
confidential data on decedents, is physically transferred to the 
state archives, the data shall no longer be classified as not 
public and access to and use of the data shall by governed by 
section 138.17.  
    Sec. 4.  Minnesota Statutes 1984, section 13.03, is amended 
by adding a subdivision to read:  
    Subd. 8.  [CHANGE TO CLASSIFICATION OF DATA NOT ON 
INDIVIDUALS.] Except for security information, nonpublic and 
protected nonpublic data shall become public either ten years 
after the creation of the data by the government agency or ten 
years after the data was received or collected by any 
governmental agency unless the responsible authority for the 
originating or custodial agency for the data reasonably 
determines that, if the data were made available to the public 
or to the data subject, the harm to the public or to a data 
subject would outweigh the benefit to the public or to the data 
subject.  If the responsible authority denies access to the 
data, the person denied access may challenge the denial by 
bringing an action in district court seeking release of the 
data.  The action shall be brought in the district court located 
in the county where the data are being maintained, or, in the 
case of data maintained by a state agency, in any county.  The 
data in dispute shall be examined by the court in camera.  In 
deciding whether or not to release the data, the court shall 
consider the benefits and harms in the same manner as set forth 
above.  The court shall make a written statement of findings in 
support of its decision.  
     Sec. 5.  Minnesota Statutes 1984, section 13.08, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ACTION FOR DAMAGES.] Notwithstanding 
section 466.03, a political subdivision, responsible authority, 
statewide system, or state agency which violates any provision 
of this chapter is liable to a person or representative of a 
decedent who suffers any damage as a result of the violation, 
and the person damaged or his representative in the case of 
private data on decedents or confidential data on decedents may 
bring an action against the political subdivision, responsible 
authority, statewide system or state agency to cover any damages 
sustained, plus costs and reasonable attorney fees.  In the case 
of a willful violation, the political subdivision, statewide 
system or state agency shall, in addition, be liable to 
exemplary damages of not less than $100, nor more than $10,000 
for each violation.  The state is deemed to have waived any 
immunity to a cause of action brought under this chapter. 
    Sec. 6.  Minnesota Statutes 1984, section 13.08, is amended 
by adding a subdivision to read:  
    Subd. 5.  [IMMUNITY FROM LIABILITY.] A state agency, 
statewide system, political subdivision, or person that releases 
not public data pursuant to an order under section 2 is immune 
from civil and criminal liability.  
    Sec. 7.  Minnesota Statutes 1984, section 13.09, is amended 
to read: 
    13.09 [PENALTIES.] 
    Any person who willfully violates the provisions of 
sections 13.02 to 13.09 this chapter or any lawful rules and 
regulations promulgated thereunder adopted under this chapter is 
guilty of a misdemeanor.  Willful violation of sections 13.02 to 
13.09 this chapter by any public employee constitutes just cause 
for suspension without pay or dismissal of the public employee. 
    Sec. 8.  [13.10] [DATA ON DECEDENTS.] 
     Subdivision 1.  [DEFINITIONS.] As used in this chapter:  
     (a) "Confidential data on decedents" means data which, 
prior to the death of the data subject, were classified by 
statute, federal law, or temporary classification as 
confidential data.  
     (b) "Private data on decedents" means data which, prior to 
the death of the data subject, were classified by statute, 
federal law, or temporary classification as private data.  
     (c) "Representative of the decedent" means the personal 
representative of the estate of the decedent during the period 
of administration, or if no personal representative has been 
appointed or after his discharge, the surviving spouse, any 
child of the decedent, or, if there is no surviving spouse or 
children, any other of the decedent's living next of kin within 
one degree on consanguinity as determined in the order of 
priority established by the rules of civil law.  
     Subd. 2.  [CLASSIFICATION OF DATA ON DECEDENTS.] Upon the 
death of the data subject, private data and confidential data 
shall become, respectively, private data on decedents and 
confidential data on decedents.  Private data on decedents and 
confidential data on decedents shall become public when ten 
years have elapsed from the actual or presumed death of the 
individual and 30 years have elapsed from the creation of the 
data.  For purposes of this subdivision, an individual is 
presumed to be dead if either 90 years elapsed since the 
creation of the data or 90 years have elapsed since the 
individual's birth, whichever is earlier, except that an 
individual is not presumed to be dead if readily available data 
indicate that the individual is still living. 
    Subd. 3.  [RIGHTS.] Rights conferred by this chapter on 
individuals who are the subjects of private or confidential data 
shall, in the case of private data on decedents or confidential 
data on decedents, be exercised by the representative of the 
decedent.  Nothing in this section may be construed to prevent 
access to appropriate data by a trustee appointed in a wrongful 
death action.  
    Subd. 4.  [COURT REVIEW.] Any person may bring an action in 
the district court located in the county where the data is being 
maintained or, in the case of data maintained by a state agency, 
in any county, to authorize release of private data on decedents 
or confidential data on decedents.  Individuals clearly 
identified in the data or the representative of the decedent may 
be given notice if doing so does not cause an undue delay in 
hearing the matter and, in any event, shall have standing in the 
court action.  The responsible authority for the data being 
sought or any interested person may provide information 
regarding the possible harm or benefit from granting the 
request.  The data in dispute shall be examined by the court in 
camera.  The court may order all or part of the data to be 
released to the public or to the person bringing the action.  In 
deciding whether or not to release the data, the court shall 
consider whether the harm to the surviving spouse, children, or 
next of kin of the decedent, the harm to any other individual 
identified in the data, or the harm to the public outweighs the 
benefit to the person bringing the action or the benefit of the 
public.  The court shall make a written statement of findings in 
support of its decision.  
     Subd. 5.  [ADOPTION RECORDS.] Notwithstanding any provision 
of this chapter, adoption records shall be treated as provided 
in sections 259.21 to 259.49.  
     Subd. 6.  [RETENTION OF DATA.] Nothing in this section may 
be construed to require retention of government data, including 
private data on decedents or confidential data on decedents, for 
periods of time other than those established by the procedures 
provided in section 138.17, or any other statute.  
    Sec. 9.  Minnesota Statutes 1984, section 13.32, 
subdivision 1, is amended to read: 
    Subdivision 1.  As used in this section:  
    (a) "Educational data" means data on individuals maintained 
by a public educational agency or institution or by a person 
acting for the agency or institution which relates to a student. 
    Records of instructional personnel which are in the sole 
possession of the maker thereof and are not accessible or 
revealed to any other individual except a substitute teacher, 
and are destroyed at the end of the school year, shall not be 
deemed to be government data.  
    Records of a law enforcement unit of a public educational 
agency or institution which are maintained apart from education 
data and are maintained solely for law enforcement purposes, and 
are not disclosed to individuals other than law enforcement 
officials of the jurisdiction are confidential; provided, that 
education records maintained by the educational agency or 
institution are not disclosed to the personnel of the law 
enforcement unit.  
    Records relating to a student who is employed by a public 
educational agency or institution which are made and maintained 
in the normal course of business, relate exclusively to the 
individual in that individual's capacity as an employee, and are 
not available for use for any other purpose are classified 
pursuant to section 13.43.  
    (b) "Student" includes a person means an individual 
currently or formerly enrolled or registered, and applicants for 
enrollment or registration at a public educational agency or 
institution, or individuals who receive shared time educational 
services from a public agency or institution. 
    (c) "Substitute teacher" means an individual who performs 
on a temporary basis the duties of the individual who made the 
record, but does not include an individual who permanently 
succeeds the maker of the record in his position.  
     Sec. 10.  Minnesota Statutes 1984, section 13.32, is 
amended by adding a subdivision to read: 
     Subd. 6.  Minnesota post-secondary education institutions, 
for purposes of reporting and research, may collect on the 
1986-1987 admissions form, and disseminate to any public 
educational agency or institution the following data on 
individuals:  student sex, ethnic background, age, and 
disabilities.  The data shall not be required of any individual 
and shall not be used for purposes of determining the person's 
admission to an institution.  This section supersedes any 
inconsistent provision of law. 
    Sec. 11.  Minnesota Statutes 1984, section 13.39, is 
amended by adding a subdivision to read: 
    Subd. 3.  [INACTIVE INVESTIGATIVE DATA.] Inactive civil 
investigative data are public, unless the release of the data 
would jeopardize another pending civil legal action, and except 
for those portions of a civil investigative file that are 
classified as not public data by other law.  Any civil 
investigative data presented as evidence in court or made part 
of a court record shall be public.  Civil investigative data 
become inactive upon the occurrence of any of the following 
events:  
    (1) a decision by the state agency, political subdivision, 
or statewide system or by the chief attorney acting for the 
state agency, political subdivision, or statewide system not to 
pursue the civil action; 
    (2) expiration of the time to file a complaint under the 
statute of limitations or agreement applicable to the civil 
action; or 
    (3) exhaustion of or expiration of rights of appeal by 
either party to the civil action.  
     Data determined to be inactive under clause (1) may become 
active if the state agency, political subdivision, statewide 
system, or its attorney decides to renew the civil action.  
    Sec. 12.  Minnesota Statutes 1984, section 13.43, 
subdivision 4, is amended to read:  
    Subd. 4.  All other personnel data is private data on 
individuals, except but may be released pursuant to a valid 
court order.  
    Sec. 13.  Minnesota Statutes 1984, section 13.46, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section: 
    (a) "Individual" means an individual pursuant to section 
13.02, subdivision 8, but does not include a vendor of services. 
    (b) "Program" includes all programs for which authority is 
vested in a component of the welfare system pursuant to statute 
or federal law.  
    (c) "Welfare system" includes the department of human 
services, county welfare boards, county welfare agencies, human 
services boards, community mental health center boards, state 
hospitals, state nursing homes, and persons, agencies, 
institutions, organizations, and other entities under contract 
to any of the above agencies to the extent specified in the 
contract. 
    (d) "Mental health data" means data on individual clients 
and patients of community mental health centers, established 
under section 245.62, or mental health divisions of counties and 
other providers under contract to deliver mental health services.
    Sec. 14.  Minnesota Statutes 1984, section 13.46, 
subdivision 2, is amended to read: 
    Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
a statute specifically provides a different classification, data 
on individuals collected, maintained, used, or disseminated by 
the welfare system is private data on individuals, and shall not 
be disclosed except:  
    (a) (1) pursuant to section 13.05;  
    (b) (2) pursuant to court order;  
    (c) (3) pursuant to a statute specifically authorizing 
access to the private data;  
    (d) (4) to an agent of the welfare system, including a law 
enforcement person, attorney, or investigator acting for it in 
the investigation, prosecution, criminal or civil proceeding 
relating to the administration of a program;  
    (e) (5) to personnel of the welfare system who require the 
data to determine eligibility, amount of assistance, and the 
need to provide services of additional programs to the 
individual;  
    (f) (6) to administer federal funds or programs;  
    (g) (7) between personnel of the welfare system working in 
the same program; 
    (h) (8) the amounts of cash public assistance and relief 
paid to welfare recipients in this state, including their names 
and social security numbers, upon request by the department of 
revenue to administer the property tax refund law, supplemental 
housing allowance, and the income tax;  
    (i) (9) to the Minnesota department of economic security 
for the purpose of monitoring the eligibility of the data 
subject for unemployment compensation or for any employment or 
training program administered by that agency, whether alone or 
in conjunction with the welfare system; or 
    (j) (10) to appropriate parties in connection with an 
emergency if knowledge of the information is necessary to 
protect the health or safety of the individual or other 
individuals or persons; or 
    (11) data maintained by residential facilities as defined 
in section 245.782, subdivision 6, may be disclosed to the 
protection and advocacy system established in this state 
pursuant to Part C of Public Law 98-527 to protect the legal and 
human rights of persons with mental retardation or other related 
conditions who live in residential facilities for these persons 
if the protection and advocacy system receives a complaint by or 
on behalf of that person and the person does not have a legal 
guardian or the state or a designee of the state is the legal 
guardian of the person. 
    (b) Data on individual clients or patients of public or 
private community mental health centers, established by section 
245.62, or mental health divisions of counties and other 
providers under contract to deliver mental health 
services Mental health data shall be treated as provided in 
subdivisions 7, 8, and 9, but is not subject to the access 
provisions of subdivision 10, paragraph (b).  
    Sec. 15.  Minnesota Statutes 1984, section 13.46, 
subdivision 3, is amended to read: 
    Subd. 3.  [INVESTIGATIVE DATA.] Data on persons, including 
data on vendors of services, that is collected, maintained, 
used, or disseminated by the welfare system in an investigation, 
authorized by statute and relating to the enforcement of rules 
or law, is confidential data on individuals pursuant to section 
13.02, subdivision 3, or protected nonpublic data not on 
individuals pursuant to section 13.02, subdivision 13, and shall 
not be disclosed except: 
    (a) pursuant to section 13.05; 
    (b) pursuant to statute or valid court order; 
    (c) to a party named in a civil or criminal proceeding, 
administrative or judicial, for preparation of defense. 
    The data referred to in this subdivision shall be 
classified as public data upon its submission to an 
administrative law judge or court in an administrative or 
judicial proceeding.  Inactive welfare investigative data shall 
be treated as provided in section 11. 
    Sec. 16.  Minnesota Statutes 1984, section 13.46, 
subdivision 7, is amended to read: 
    Subd. 7.  [MENTAL HEALTH CENTER DATA.] (a) Data on 
individual clients and patients of public or private community 
mental health centers or mental health divisions of counties and 
other providers under contract to deliver mental health services 
Mental health data shall not be disclosed, except:  
    (a) (1) pursuant to section 13.05, as determined by the 
responsible authority for the community mental health center, 
mental health division, or provider;  
    (b) (2) pursuant to court order; or 
    (c) (3) pursuant to a statutes statute specifically 
authorizing access to or disclosure of private mental health 
data; or 
    (4) with the consent of the client or patient.  
    (b) An agency of the welfare system may not require an 
individual to consent to the release of mental health data as a 
condition for receiving services or for reimbursing a community 
mental health center, mental health division of a county, or 
provider under contract to deliver mental health services. 
    Sec. 17.  Minnesota Statutes 1984, section 13.46, 
subdivision 10, is amended to read: 
    Subd. 10.  [RESPONSIBLE AUTHORITY.] (a) Notwithstanding any 
other provision of chapter 13 to the contrary, the responsible 
authority for each component of the welfare system listed in 
subdivision 1, clause (c), shall be as follows:  
    (a) (1) The responsible authority for the department of 
human services, state hospitals, and nursing homes is the 
commissioner of the department of human services;  
    (b) (2) The responsible authority of a county welfare 
agency is the director of the county welfare agency;  
    (c) (3) The responsible authority for a county welfare 
board, human services board, or community mental health center 
board is the chairman of the board; and 
    (d) (4) The responsible authority of any person, agency, 
institution, organization, or other entity under contract to any 
of the components of the welfare system listed in subdivision 1, 
clause (c), of this section is the person specified in the 
contract.  
    (b) A responsible authority shall allow another responsible 
authority in the welfare system access to data classified as 
restricted not public data when access is necessary for the 
administration and management of programs, or is as authorized 
or required by statute or federal law.  
    Sec. 18.  [13.61] [INSURANCE TRUST DATA; PRIVATE AND 
NONPUBLIC DATA.] 
    The following data collected or created by the league of 
Minnesota cities insurance trust, association of Minnesota 
counties insurance trust, or by the Minnesota school board 
association insurance trust in order to process claims for 
workers' compensation are classified as either private data in 
regard to claims when the insured worker is living, or nonpublic 
data in regard to claims when the insured worker is deceased:  
name, address, phone number, and social security account number 
of the claimant if the claimant is not a public employee; claim 
number, date of claimed injury, employee's social security 
number, home phone number, home address, date of birth, sex, and 
marital status; whether claimed injury caused loss of time from 
work; whether the employee lost time from work on the day of the 
claimed injury and the number of hours lost; whether the 
employee has returned to work; whether full or partial wages 
were paid for the first day of lost time and the amount paid, 
time of day, and location where injury occurred; whether the 
injury occurred on employer's premises; the name, address, and 
phone number of the treating physician or practitioner; 
identification of the hospital where treated; nature of the 
claimed injury or occupational illness; part of body affected; 
name or type of object involved in causing the injury; nature of 
injury; type of accident; description of actions taken to 
prevent reoccurrence; names of co-worker witnesses; and all data 
collected or created as a result of the investigation of the 
claim including, but not limited to, physicians' reports; other 
data on the medical condition of the claimant; data collected 
from the claimant's physicians; and data collected in interviews 
of the claimant's employer, co-workers, family members, and 
neighbors.  
    Sec. 19.  [13.62] [ECONOMIC ASSISTANCE DATA.] 
    The following data collected by cities in their 
administration of the city economic development assistance 
program are classified as nonpublic data:  
    (1) application data, except company names, addresses, and 
other data that identify the applicant, until the application is 
approved by the city;  
    (2) application data, except company names, addresses, and 
other data that identify the applicant, that pertain to 
companies whose applications have been disapproved;  
    (3) attachments to applications including but, not limited 
to, business and personal financial records, until the 
application is approved; 
    (4) income tax returns, either personal or corporate, that 
are filed by applicants; and 
     (5) correspondence between the program administrators and 
the applicant until the application has been approved or 
disapproved. 
    Sec. 20.  Minnesota Statutes 1984, section 13.65, 
subdivision 1, is amended to read: 
    13.65 [ATTORNEY GENERAL DATA.] 
    Subdivision 1.  [PRIVATE DATA.] The following data created, 
collected and maintained by the office of the attorney general 
are classified as private, pursuant to section 13.02, 
subdivision 12 data on individuals:  
    (a) The record, including but not limited to, the 
transcript and exhibits of all disciplinary proceedings held by 
a state agency, board or commission, except in those instances 
where there is a public hearing;  
    (b) Communications and non-investigative files regarding 
administrative or policy matters which do not evidence final 
public actions;  
    (c) Consumer complaint data, other than that data 
classified as confidential, including consumers' complaints 
against businesses and follow-up investigative materials; and 
    (d) Investigative data, obtained in anticipation of, or in 
connection with litigation or an administrative proceeding where 
the investigation is not currently active; and 
    (e) Data collected by the consumer division of the attorney 
general's office in its administration of the home protection 
hot line including:  the name, address, and phone number of the 
consumer; the name and address of the mortgage company; the 
total amount of the mortage; the amount of money needed to bring 
the delinquent mortgage current; the consumer's place of 
employment; the consumer's total family income; and the history 
of attempts made by the consumer to renegotiate a delinquent 
mortgage.  
    Sec. 21.  Minnesota Statutes 1984, section 13.71, is 
amended to read: 
    13.71 [SURPLUS LINE INSURANCE DEPARTMENT OF COMMERCE DATA.] 
    Subdivision 1.  [SURPLUS LINE INSURANCE DATA.] All data 
appearing on copies of surplus line insurance policies collected 
by the department of commerce pursuant to section 60A.20 are 
classified as private data, pursuant to section 13.02, 
subdivision 12.  
    Subd. 2.  [GROUP WORKERS' COMPENSATION SELF-INSURANCE 
DATA.] Financial data relating to nonpublic companies that are 
submitted to the commissioner of commerce for the purpose of 
obtaining approval to self insure workers' compensation 
liability as a group are classified as nonpublic data.  
    Subd. 3.  [WORKERS' COMPENSATION SELF-INSURANCE 
DATA.] Financial documents, including income statements, balance 
sheets, statements of changes in financial positions, and 
supporting financial information, submitted by nonpublic 
companies seeking to self insure their workers' compensation 
liability or to be licensed as self-insurance plan 
administrators are classified as nonpublic data.  
    Subd. 4.  [POLLUTION LIABILITY INSURANCE SURVEY DATA.] Data 
that could identify a company that responded to a pollution 
liability insurance survey taken by the department of commerce 
are classified as nonpublic data. 
    Sec. 22.  Minnesota Statutes 1984, section 13.72, is 
amended by adding a subdivision to read: 
    Subd. 3.  [MOTOR VEHICLE CARRIER INVESTIGATIVE DATA.] Data 
collected by the department of transportation as part of an 
active investigation undertaken for the purpose of pursuing law 
enforcement action against a person, other than an individual, 
for a violation of chapter 221, or a rule or order issued 
pursuant to that chapter, are classified as protected nonpublic 
data.  
    Sec. 23.  Minnesota Statutes 1984, section 13.72, is 
amended by adding a subdivision to read: 
    Subd. 4.  [MOTOR CARRIER ACCIDENT DATA.] All data submitted 
to the department of transportation in the form of motor vehicle 
carrier accident reports, except the portions of the report 
forms in which the carrier and the driver provide their version 
of the accident, are classified as nonpublic data with regard to 
data not on individuals, and private data with regard to data on 
individuals. 
    Sec. 24.  Minnesota Statutes 1984, section 13.72, is 
amended by adding a subdivision to read: 
    Subd. 5.  [MOTOR CARRIER ACCIDENT VERSION DATA.] Those 
portions of the motor vehicle carrier accident report forms, 
that motor vehicle carriers are required to submit to the 
department of transportation, that contain the carrier's and 
driver's version of the accident are classified as protected 
nonpublic data with regard to data not on individuals, and 
confidential data with regard to data on individuals.  
    Sec. 25.  [13.76] [DEPARTMENT OF ENERGY AND ECONOMIC 
DEVELOPMENT DATA.] 
    All financial information on individuals and business 
entities including, but not limited to, credit reports, 
financial statements, and net worth calculations, that are 
contained in applications received by the department of energy 
and economic development in its administration of the certified 
state development loan program are classified as private data 
with regard to data on individuals, and as nonpublic data with 
regard to data not on individuals.  
    Sec. 26.  [13.761] [INDIAN AFFAIRS COUNCIL DATA.] 
    All financial information on individuals and business 
entities including, but not limited to, credit reports, 
financial statements, and net worth calculations, that are 
contained in applications received by the Indian affairs council 
in its administration of the Indian business development loan 
program are classified as private data with regard to data on 
individuals and as nonpublic data with regard to data not on 
individuals. 
    Sec. 27.  [13.77] [AGRICULTURAL RESOURCE LOAN BOARD DATA.] 
    Subdivision 1.  [NONPUBLIC DATA.] Financial information 
concerning business persons received or prepared by the 
agriculture resource loan guaranty board in connection with 
applications for loan guarantees pursuant to Laws 1984, chapter 
502, article 10, sections 1 to 12, including, but not limited 
to, credit reports, financial statements, and net worth 
calculations, is classified as nonpublic data. 
    Subd. 2.  [PRIVATE DATA.] Financial information concerning 
individuals received or prepared by the agriculture resource 
loan guaranty board in connection with applications for loan 
guarantees pursuant to Laws 1984, chapter 502, article 10, 
sections 1 to 12, including, but not limited to, credit reports, 
financial statements, and net worth calculations is classified 
as private data.  
    Sec. 28.  [13.78] [MINNESOTA EXPORT AUTHORITY DATA.] 
    Financial information concerning business persons received 
or prepared by the export authority in connection with 
applications for financial assistance pursuant to section 
17.105, including, but not limited to, credit reports, financial 
statements, net worth calculations, income and expense 
projections, and proposed terms of trade and foreign risk 
coverage, is classified as nonpublic data if it is data not on 
an individual and as private data if it is data on an individual.
    Sec. 29.  [13.79] [DEPARTMENT OF LABOR AND INDUSTRY DATA.] 
    Data that identify complaining employees and that appear on 
complaint forms received by the department of labor and industry 
concerning alleged violations of the fair labor standards act or 
section 181.75 are classified as private data.  
    Sec. 30.  Minnesota Statutes 1984, section 13.82, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICATION.] This section shall apply to 
agencies which carry on a law enforcement function, including 
but not limited to municipal police departments, county sheriff 
departments, fire departments, the bureau of criminal 
apprehension, the Minnesota state patrol, the board of peace 
officer standards and training, and the department of commerce.  
    Sec. 31.  Minnesota Statutes 1984, section 13.82, 
subdivision 5, is amended to read:  
    Subd. 5.  [DATA COLLECTION.] Except for the data defined in 
subdivisions 2, 3 and 4, investigative data collected or created 
by a law enforcement agency in order to prepare a case against a 
person, whether known or unknown, for the commission of a crime 
or civil wrong is confidential or protected nonpublic while the 
investigation is active.  Inactive investigative data is public 
unless the release of the data would jeopardize another ongoing 
investigation or would reveal the identity of individuals 
protected under subdivision 10.  Photographs which are part of 
inactive investigative files and which are clearly offensive to 
common sensibilities are classified as private or nonpublic 
data, provided that the existence of the photographs shall be 
disclosed to any person requesting access to the inactive 
investigative file.  An investigation becomes inactive upon the 
occurrence of any of the following events:  
    (a) A decision by the agency or appropriate prosecutorial 
authority not to pursue the case;  
    (b) Expiration of the time to bring a charge or file a 
complaint under the applicable statute of limitations, or 30 
years after the commission of the offense, whichever comes 
earliest; or 
    (c) Exhaustion of or expiration of all rights of appeal by 
an individual a person convicted on the basis of the 
investigative data.  
    Any investigative data presented as evidence in court shall 
be public.  Data determined to be inactive under clause (a) may 
become active if the agency or appropriate prosecutorial 
authority decides to renew the investigation.  
    During the time when an investigation is active, any person 
may bring an action in the district court located in the county 
where the data is being maintained to authorize disclosure of 
investigative data.  The court may order that all or part of the 
data relating to a particular investigation be released to the 
public or to the person bringing the action.  In making the 
determination as to whether investigative data shall be 
disclosed, the court shall consider whether the benefit to the 
person bringing the action or to the public outweighs any harm 
to the public, to the agency or to any person identified in the 
data.  The data in dispute shall be examined by the court in 
camera.  
    Sec. 32.  Minnesota Statutes 1984, section 13.82, is 
amended by adding a subdivision to read: 
    Subd. 12.  [DATA IN ARREST WARRANT INDICES.] Data in arrest 
warrant indices are classified as confidential data until the 
defendant has been taken into custody, served with a warrant, or 
appears before the court, except when the law enforcement agency 
determines that the public purpose is served by making the 
information public.  
    Sec. 33.  Minnesota Statutes 1984, section 13.82, is 
amended by adding a subdivision to read: 
    Subd. 13.  [PROPERTY DATA.] Data that uniquely describe 
stolen, lost, confiscated, or recovered property or property 
described in pawn shop transaction records are classified as 
either private data on individuals or nonpublic data depending 
on the content of the not public data.  
    Sec. 34.  Minnesota Statutes 1984, section 13.82, is 
amended by adding a subdivision to read: 
    Subd. 14.  [REWARD PROGRAM DATA.] To the extent that the 
release of program data would reveal the identity of an 
informant or adversely affect the integrity of the fund, 
financial records of a program that pays rewards to informants 
are protected nonpublic data in the case of data not on 
individuals or confidential data in the case of data on 
individuals.  
    Sec. 35.  Minnesota Statutes 1984, section 13.82, is 
amended by adding a subdivision to read: 
    Subd. 15.  [EXCHANGES OF INFORMATION.] Nothing in this 
chapter prohibits the exchange of information by law enforcement 
agencies provided the exchanged information is pertinent and 
necessary to the requesting agency in initiating, furthering, or 
completing an investigation, except not public personnel data. 
    Sec. 36.  Minnesota Statutes 1984, section 13.82, is 
amended by adding a subdivision to read: 
    Subd. 16.  [DELIBERATIVE PROCESSES.] Data that reflect 
deliberative processes or investigative techniques of law 
enforcement agencies are confidential data on individuals or 
protected nonpublic data; provided that information, reports, or 
memoranda that have been adopted as the final opinion or 
justification for a decision of a law enforcement agency are 
public data.  
    Sec. 37.  Minnesota Statutes 1984, section 13.83, is 
amended by adding a subdivision to read:  
    Subd. 9.  [CHANGE IN CLASSIFICATION.] Notwithstanding 
section 8, data classified as private or confidential by this 
section shall be classified as public 30 years after the date of 
death of the decedent.  
    Sec. 38.  Minnesota Statutes 1984, section 13.84, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITION.] As used in this section 
"court services data" means data which is that are created, 
collected, used or maintained by a court services department, 
parole or probation authority, or correctional agency, or by an 
agent designated by the court to perform studies or other duties 
and which is that are on individuals who are or were defendants, 
parolees or probationers of a municipal, district or county 
court, participants in diversion programs, petitioners or 
respondents to a family court, or juveniles adjudicated 
delinquent and committed, detained prior to a court hearing or 
hearings, or found to be dependent or neglected and placed under 
the supervision of the court.  
    Sec. 39.  Minnesota Statutes 1984, section 13.84, 
subdivision 6, is amended to read: 
    Subd. 6.  [PUBLIC DATA.] The following court services data 
on adult individuals is public:  
    (a) Name, age, sex, occupation and the fact that an 
individual is a parolee, probationer or participant in a 
diversion program, and if so, at what location;  
    (b) The offense for which the individual was placed under 
supervision;  
    (c) The dates supervision began and ended and the duration 
of supervision;  
    (d) Court services data which was public in a court or 
other agency which originated the data;  
    (e) Arrest and detention orders, orders for parole or 
probation revocation and the reasons for revocation;  
    (f) The conditions of parole, probation or participation 
and the extent to which those conditions have been or are being 
met;  
    (g) Identities of agencies, units within agencies and 
individuals providing supervision; and 
    (h) The legal basis for any change in supervision and the 
date, time and locations associated with the change.  
    Sec. 40.  Minnesota Statutes 1984, section 144.335, 
subdivision 2, is amended to read: 
    Subd. 2.  [PATIENT ACCESS.] (a) Upon request a provider 
shall supply to a patient complete and current information 
possessed by that provider concerning any diagnosis, treatment 
and prognosis of the patient in terms and language the patient 
can reasonably be expected to understand. 
    (b) Upon a patient's written request, a provider at a 
reasonable cost to the patient shall furnish to the patient:  
(a) (1) copies of the patient's health record, including but not 
limited to laboratory reports, x-rays, prescriptions, and other 
technical information used in assessing the patient's health 
condition; (b), (2) the pertinent portion of the record relating 
to a specific condition;, or (c) (3) a summary of the record. 
    (c) If a provider, as defined in subdivision 1, clause (b) 
(1), reasonably determines that the information is detrimental 
to the physical or mental health of the patient, or is likely to 
cause the patient to harm himself or another, he may withhold 
the information from the patient. and may supply the information 
may be supplied to an appropriate third party or to another 
provider, as defined in subdivision 1, clause (b) (1).  
The other provider or third party may release the information to 
the patient. 
    (d) A provider as defined in subdivision 1, clause (b) (2), 
shall release information upon written request unless, prior to 
the request, a provider as defined in subdivision 1, clause (b) 
(1), has designated and described a specific basis for 
withholding the information as authorized by paragraph (c). 
    Sec. 41.  [144.658] [EPIDEMIOLOGIC DATA DISCOVERY.] 
    Notwithstanding any law to the contrary, health data on an 
individual collected by public health officials conducting an 
epidemiologic investigation to reduce morbidity or mortality is 
not subject to discovery in a legal action. 
     Sec. 42.  [13.89] [DISSEMINATION OF DATA TO PROTECTION AND 
ADVOCACY SYSTEMS.] 
     Data on clients and residents of facilities licensed 
pursuant to 144.50 to 144.58, 245.781 to 245.812, and 252.28, 
subdivision 2, may be disseminated to the protection and 
advocacy system established in this state pursuant to Part C of 
Public Law 98-527 to protect the legal and human rights of 
persons with mental retardation or other related conditions who 
live in residential facilities for these persons if the 
protection and advocacy system receives a complaint by or on 
behalf of that person and the person does not have a legal 
guardian or the state or a designee of the state is the legal 
guardian of the person. 
    Sec. 43.  Minnesota Statutes 1984, section 254A.09, is 
amended to read: 
    254A.09 [CONFIDENTIALITY OF RECORDS.] 
    The department of human services shall assure 
confidentiality to individuals who are the subject of research 
by the state authority or are recipients of alcohol or drug 
abuse information, assessment, or treatment by an from a 
licensed or approved treatment program.  The commissioner shall 
withhold from all persons not connected with the conduct of the 
research or treatment the names or other identifying 
characteristics of the individual a subject of research unless 
the individual gives written permission that information 
relative to his treatment and recovery may be discussed with a 
prospective employer by either an approved treatment program 
staff member or a qualified employment counselor released. 
Persons authorized to protect the privacy of these individuals 
subjects of research may not be compelled in any federal, state 
or local, civil, criminal, administrative or other proceeding to 
identify or disclose other confidential information about the 
individuals.  However, a person may be compelled to identify or 
disclose confidential information in civil investigations or 
proceedings related to neglect or termination of parental rights 
if Identifying information and other confidential information 
related to alcohol or drug abuse information, assessment, 
treatment, or aftercare services may be ordered to be released 
by the court for the purpose of civil or criminal investigations 
or proceedings if, after review of the records considered for 
disclosure, the court determines good cause exists to believe 
that the person can disclose information that is relevant to the 
findings which the court is being asked to make purpose for 
which disclosure is requested.  The court shall order disclosure 
of only that information which is determined relevant.  In 
determining whether to compel disclosure, the court shall weigh 
the public interest and the need for disclosure against the 
injury to the patient, to the treatment relationship and to the 
treatment services in the program affected and in other programs 
similarly situated, and the actual or potential harm to the 
ability of programs to attract and retain patients if disclosure 
occurs.  This section does not exempt any person from the 
reporting obligations under section 626.556, nor limit the use 
of information reported in any proceeding arising out of the 
abuse or neglect of a child.  Identifying information and other 
confidential information related to alcohol or drug abuse 
information, assessment, treatment, or aftercare services may be 
ordered to be released by the court for the purpose of civil or 
criminal investigations or proceedings.  No information may be 
released pursuant to this section that would not be released 
pursuant to section 595.02, subdivision 2. 
    Sec. 44.  [13.90] [GOVERNMENT DATA PRACTICES.] 
    Subdivision 1.  [DEFINITION.] For purposes of this section, 
"judiciary" means any office, officer, department, division, 
board, commission, committee, or agency of the courts of this 
state, whether or not of record, including but not limited to 
the board of law examiners, the lawyer's professional 
responsibility board, the board of judicial standards, the 
lawyer's trust account board, the state law library, the state 
court administrator's office, the district court administrator's 
office, and the office of the clerk of court. 
    Subd. 2.  [APPLICATION.] The judiciary shall be governed by 
Minnesota Statutes, chapter 13, until August 1, 1987, or until 
the implementation of rules adopted by the supreme court 
regarding access to data, whichever comes first.  Any data made 
a part of a criminal or civil case shall not be governed by this 
chapter at any time. 
    Sec. 45. [REPEALER.] 
    Minnesota Statutes 1984, sections 13.73 and 13.81, are 
repealed. 
    Sec. 46.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved June 4, 1985