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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 165-H.F.No. 609 
           An act relating to government data practices; giving 
          the department of energy and economic development 
          access to certain employment data; amending Minnesota 
          Statutes 1986, section 268.12, subdivision 12. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 268.12, 
subdivision 12, is amended to read: 
    Subd. 12.  [INFORMATION.] Except as hereinafter otherwise 
provided, data gathered from any employing unit, employer or 
individual pursuant to the administration of sections 268.03 to 
268.24, and from any determination as to the benefit rights of 
any individual shall be are private data on individuals or 
nonpublic data not on individuals as defined in section 13.02, 
subdivisions 9 and 12 and shall may not be disclosed except 
pursuant to this subdivision or pursuant to a valid court 
order.  This These private data may be disseminated to and used 
by the following agencies without the consent of the subject of 
the data:  
    (a) State and federal agencies specifically authorized 
access to the data by state or federal law;  
    (b) Any agency of this or any other state; or any federal 
agency charged with the administration of an employment security 
law or the maintenance of a system of public employment offices; 
    (c) Local human rights groups within the state which have 
enforcement powers;  
     (d) The Minnesota department of revenue on an 
interchangeable basis with the department of jobs and training 
subject to the following restrictions and notwithstanding any 
law to the contrary:  
    (1) The department of revenue may have access to department 
of jobs and training data on individuals and employing units 
only to the extent necessary for proper enforcement of tax laws; 
and 
    (2) The department of jobs and training may have access to 
department of revenue data pertaining only to individuals who 
have claimed benefits under sections 268.03 to 268.24 and only 
if the individuals are the subject of investigations based on 
other information available to the department of jobs and 
training.  The data provided by the department of revenue shall 
be limited to the amount of gross income earned by an 
individual, the total amount of earnings from each employer and 
the employers' names.  Upon receipt of the data, the department 
of jobs and training may not disseminate the data to any 
individual or agency except in connection with a prosecution for 
violation of the provisions of sections 268.03 to 268.24.  This 
clause shall not be construed to be a restriction on the 
exchange of information pertaining to corporations or other 
employing units to the extent necessary for the proper 
enforcement of this chapter;  
    (e) Public and private agencies responsible for 
administering publicly financed assistance programs for the 
purpose of monitoring the eligibility of the program's 
recipients;  
    (f) The department of labor and industry for the purpose of 
determining the eligibility of the data subject;  
    (g) The department of energy and economic development may 
have access to nonpublic data as defined in section 13.02, 
subdivision 9, for its internal use only; when received by the 
department of energy and economic development, the data remain 
nonpublic data; 
     (h) Local and state welfare agencies for monitoring the 
eligibility of the data subject for assistance programs, or for 
any employment or training program administered by those 
agencies, whether alone, in combination with another welfare 
agency, or in conjunction with the department of jobs and 
training; and 
    (h) (i) Local, state and federal law enforcement agencies 
for the sole purpose of ascertaining the last known address and 
employment location of the data subject, provided the data 
subject is the subject of a criminal investigation.  
    Data on individuals, employers, and employing units which 
are collected, maintained, or used by the department in an 
investigation pursuant to section 268.18, subdivision 3 are 
confidential as to data on individuals and protected nonpublic 
data as defined in section 13.02, subdivisions 3 and 13 as to 
nonindividual employers and employing units, and shall not be 
disclosed except pursuant to statute or valid court order or to 
a party named in a criminal proceeding, administrative or 
judicial, for preparation of a defense.  
    Data on individuals, employers, and employing units which 
are collected, maintained, or used by the department in the 
adjudication of a separation or eligibility issue pursuant to 
the administration of section 268.10, subdivision 2 are 
confidential as to data on individuals and protected nonpublic 
data as to nonindividual employers and employing units as 
defined in section 13.02, subdivisions 3 and 13 and shall not be 
disclosed except pursuant to the administration of section 
268.10, subdivisions 3 to 8 or pursuant to a valid court order.  
    Aggregate data about employers compiled from individual job 
orders placed with the department of jobs and training are 
nonpublic data as defined in section 13.02, subdivision 9 if the 
commissioner determines that divulging the data would result in 
disclosure of the identity of the employer.  The general 
aptitude test battery and the nonverbal aptitude test battery as 
administered by the department are also classified as nonpublic 
data.  
    Data on individuals collected, maintained or created 
because an individual applies for benefits or services provided 
by the energy assistance and weatherization programs 
administered by the department of jobs and training is private 
data on individuals and shall not be disseminated except 
pursuant to section 13.05, subdivisions 3 and 4.  
    Data gathered by the department pursuant to the 
administration of sections 268.03 to 268.24 shall not be made 
the subject or the basis for any suit in any civil proceedings, 
administrative or judicial, unless the action is initiated by 
the department. 
    Approved May 16, 1987