Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 598-S.F.No. 1727 
           An act relating to government data practices; defining 
          employment and training data as private data on 
          individuals; providing for the dissemination of 
          certain data; amending Minnesota Statutes 1986, 
          section 13.46, subdivision 2; Minnesota Statutes 1987 
          Supplement, section 13.43, subdivision 1; proposing 
          coding for new law in Minnesota Statutes, chapter 13. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1987 Supplement, section 
13.43, subdivision 1, is amended to read:  
    Subdivision 1.  [DEFINITION.] As used in this section, 
"personnel data" means data on individuals collected because the 
individual is or was an employee of or an applicant for 
employment by, performs services on a voluntary basis for, or 
acts as an independent contractor with a state agency, statewide 
system or political subdivision or is a member of an advisory 
board or commission.  "Personnel data" includes data on 
individuals who apply for or are enrolled in employment and 
training programs funded with federal, state, or local resources 
unless the data are welfare data under section 13.46. 
    Sec. 2.  [13.47] [EMPLOYMENT AND TRAINING DATA.] 
    Subdivision 1.  [DEFINITION.] (a) "Employment and training 
data" means data on individuals collected, maintained, used, or 
disseminated because an individual applies for, is currently 
enrolled in, or has been enrolled in employment and training 
programs funded with federal, state, or local resources. 
    (b) "Employment and training service provider" means an 
administrative entity certified by the commissioner of jobs and 
training to deliver employment and training services under 
section 268.0122, subdivision 3, or an organization that 
contracts with a certified administrative entity or the 
department of jobs and training to deliver employment and 
training services. 
    Subd. 2.  [CLASSIFICATION.] Employment and training data 
are private data on individuals. 
    Subd. 3.  [DISSEMINATION.] Employment and training data may 
be disseminated: 
    (a) to other employment and training service providers to 
coordinate the employment and training services for the data 
subject or to determine eligibility or suitability for services 
from other programs; 
    (b) to local and state welfare agencies for monitoring the 
eligibility of the participant for assistance programs, or for 
any employment or training program administered by those 
agencies. 
    Sec. 3.  Minnesota Statutes 1986, 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:  
    (1) pursuant to section 13.05;  
    (2) pursuant to court order;  
    (3) pursuant to a statute specifically authorizing access 
to the private data;  
    (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;  
    (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;  
    (6) to administer federal funds or programs;  
    (7) between personnel of the welfare system working in the 
same program; 
    (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;  
    (9) to the Minnesota department of jobs and training for 
the purpose of monitoring the eligibility of the data subject 
for unemployment compensation, for any employment or training 
program administered, supervised, or certified by that agency, 
or for the purpose of administering any rehabilitation program, 
whether alone or in conjunction with the welfare system;  
    (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 Number 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) 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. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective June 1, 1988. 
    Approved April 21, 1988