Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 172-S.F.No. 324 
                  An act relating to human rights; reclassifying certain 
                  investigative data; amending Minnesota Statutes 1996, 
                  section 363.061, subdivisions 2 and 3.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 363.061, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACCESS TO OPEN FILES.] (a) Except as otherwise 
        provided in this subdivision, human rights investigative data on 
        an individual, with the exception of the name and address of the 
        charging party and respondent, factual basis of the allegations, 
        and the statute under which the action is brought, contained in 
        an open case file is classified as are confidential data on 
        individuals or protected nonpublic data.  The name and address 
        of the charging party and respondent, factual basis of the 
        allegations, and the statute under which the action is brought 
        are classified as private data until seven working days after 
        the commissioner has mailed a copy of the charge to the 
        respondent, at which time the data become public, unless the 
        commissioner determines that release of the data would be 
        detrimental to the investigative and enforcement process private 
        data on individuals or nonpublic data but are accessible to the 
        charging party and the respondent. 
           (b) Human rights investigative data not on an individual 
        contained in an open case file is classified as protected 
        nonpublic data. 
           (c) Notwithstanding this subdivision, After making a 
        finding of probable cause, the commissioner may make human 
        rights investigative data contained in an open case file 
        accessible to a person, government agency, or the public if 
        access will aid the investigative and enforcement process. 
           Sec. 2.  Minnesota Statutes 1996, section 363.061, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ACCESS TO CLOSED FILES.] (a) Except as otherwise 
        provided in this subdivision, human rights investigative data on 
        an individual contained in a closed case file is classified as 
        are private, with the exception of the following documents: data 
        on individuals or nonpublic data.  The name and address of the 
        charging party and respondent, factual basis of the allegations, 
        and the statute under which the action is brought, the part of 
        the summary of the investigation that does not contain 
        identifying data on an individual a person other than the 
        complainant or respondent, and the commissioner's memorandum 
        determining whether probable cause has been shown are public 
        data. 
           (b) Human rights investigative data not on an individual 
        contained in a closed case file is classified as nonpublic. 
           (c) Notwithstanding this subdivision, The commissioner may 
        make human rights investigative data contained in a closed case 
        file inaccessible to the charging party or the respondent in 
        order to protect medical or other security interests of the 
        parties or third persons. 
           Presented to the governor May 17, 1997 
           Signed by the governor May 19, 1997, 7:07 p.m.