Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 468-H.F.No. 3501
An act relating to government data practices;
classifying data; providing for access to and sharing
of data; authorizing certain restrictions on access to
data; clarifying definitions and application
provisions; modifying penalty provisions; providing
for electronic copies of data; classifying and
regulating disclosure of information held by health
maintenance organizations; prohibiting monitoring of
persons requesting access to public data; requiring
government entities to have a data practices
compliance official; limiting tort liability for
disclosure of geographic information systems data;
providing for administrative and civil remedies;
amending Minnesota Statutes 1998, sections 13.01, by
adding subdivisions; 13.02, by adding a subdivision;
13.03, subdivision 5; 13.05, by adding subdivisions;
13.08, subdivision 4; 13.41, subdivision 2; 13.84,
subdivisions 5 and 6; 62D.14, by adding a subdivision;
72A.491, subdivision 17; 119A.376, by adding a
subdivision; 119A.44, by adding a subdivision;
119A.50; 270B.14, subdivision 8; 466.03, by adding a
subdivision; and 609.115, subdivision 5; Minnesota
Statutes 1999 Supplement, sections 13.03, subdivision
3; 13.32, subdivision 7; 13.99, subdivision 19, and by
adding a subdivision; 256.978, subdivision 1; and
268.19; Laws 1999, chapter 216, article 2, section 27,
subdivision 1, and by adding subdivisions; proposing
coding for new law in Minnesota Statutes, chapters 13;
and 62D; repealing Minnesota Statutes 1998, section
62D.14, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 13.01, is
amended by adding a subdivision to read:
Subd. 4. [HEADNOTES.] The headnotes printed in boldface
type before paragraphs in this chapter are mere catchwords to
indicate the content of a paragraph and are not part of the
statute.
Sec. 2. Minnesota Statutes 1998, section 13.01, is amended
by adding a subdivision to read:
Subd. 5. [PROVISIONS CODED IN OTHER CHAPTERS.] (a) The
sections referenced in this chapter that are codified outside
this chapter classify government data as other than public,
place restrictions on access to government data, or involve data
sharing.
(b) Those sections are governed by the definitions and
general provisions in sections 13.01 to 13.07 and the remedies
and penalties provided in sections 13.08 and 13.09, except:
(1) for records of the judiciary, as provided in section
13.90; or
(2) as specifically provided otherwise by law.
Sec. 3. Minnesota Statutes 1998, section 13.02, is amended
by adding a subdivision to read:
Subd. 7a. [GOVERNMENT ENTITY.] "Government entity" means a
state agency, statewide system, or political subdivision.
Sec. 4. Minnesota Statutes 1999 Supplement, section 13.03,
subdivision 3, is amended to read:
Subd. 3. [REQUEST FOR ACCESS TO DATA.] (a) 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, upon request, shall be informed of the data's
meaning. If a person requests access for the purpose of
inspection, the responsible authority may not assess a charge or
require the requesting person to pay a fee to inspect data.
(b) For purposes of this section, "inspection" includes,
but is not limited to, the visual inspection of paper and
similar types of government data. Inspection does not include
printing copies by the government entity, unless printing a copy
is the only method to provide for inspection of the data. In
the case of data stored in electronic form and made available in
electronic form on a remote access basis to the public by the
government entity, inspection includes remote access to the data
by the public and the ability to print copies of or download the
data on the public's own computer equipment. Nothing in this
section prohibits a government entity from charging a reasonable
fee for remote access to data under a specific statutory grant
of authority. A government entity may charge a fee for remote
access to data where either the data or the access is enhanced
at the request of the person seeking access.
(c) The responsible authority or designee shall provide
copies of public data upon request. If a person requests copies
or electronic transmittal of the data to the person, the
responsible authority may require the requesting person to pay
the actual costs of searching for and retrieving government
data, including the cost of employee time, and for making,
certifying, compiling, and electronically transmitting the
copies of the data or 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, copies shall be supplied as soon as
reasonably possible.
(d) When a request under this subdivision involves any
person's receipt of copies of public government data that has
commercial value and is a substantial and discrete portion of or
an entire formula, pattern, compilation, program, device,
method, technique, process, database, 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.
(e) The responsible authority of a state agency, statewide
system, or political subdivision that maintains public
government data in a computer storage medium shall provide to
any person making a request under this section a copy of any
public data contained in that medium, in electronic form, if the
government entity can reasonably make the copy or have a copy
made. This does not require a government entity to provide the
data in an electronic format or program that is different from
the format or program in which the data are maintained by the
government entity. The entity may require the requesting person
to pay the actual cost of providing the copy.
(e) (f) 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. 5. Minnesota Statutes 1998, section 13.03,
subdivision 5, is amended to read:
Subd. 5. [COPYRIGHT OR PATENT OF COMPUTER PROGRAM
GOVERNMENT DATA.] Nothing in this chapter or any other statute
shall be construed to prevent A state agency, statewide system,
or political subdivision from acquiring may enforce a copyright
or acquire a patent for a computer software program or
components of a program created by that government
agency without statutory authority. In the event that a
government agency does acquire acquires a patent or copyright to
a computer software program or component of a program, the data
shall be treated as trade secret information pursuant to section
13.37.
Sec. 6. Minnesota Statutes 1998, section 13.05, is amended
by adding a subdivision to read:
Subd. 12. [IDENTIFICATION OR JUSTIFICATION.] Unless
specifically authorized by statute, government entities may not
require persons to identify themselves, state a reason for, or
justify a request to gain access to public government data. A
person may be asked to provide certain identifying or clarifying
information for the sole purpose of facilitating access to the
data.
Sec. 7. Minnesota Statutes 1998, section 13.05, is amended
by adding a subdivision to read:
Subd. 13. [DATA PRACTICES COMPLIANCE OFFICIAL.] By
December 1, 2000, each responsible authority or other
appropriate authority in every government entity shall appoint
or designate an employee of the government entity to act as the
entity's data practices compliance official. The data practices
compliance official is the designated employee of the government
entity to whom persons may direct questions or concerns
regarding problems in obtaining access to data or other data
practices problems. The responsible authority may be the data
practices compliance official.
Sec. 8. Minnesota Statutes 1998, section 13.08,
subdivision 4, is amended to read:
Subd. 4. [ACTION TO COMPEL COMPLIANCE.] (a) In addition to
the remedies provided in subdivisions 1 to 3 or any other law,
any aggrieved person seeking to enforce the person's rights
under this chapter or obtain access to data may bring an action
in district court to compel compliance with this chapter and may
recover costs and disbursements, including reasonable attorney's
fees, as determined by the court. If the court determines that
an action brought under this subdivision is frivolous and
without merit and a basis in fact, it may award reasonable costs
and attorney fees to the responsible authority. If the court
issues an order to compel compliance under this subdivision, the
court may impose a civil penalty of up to $300 against the
government entity. This penalty is payable to the state general
fund and is in addition to damages under subdivision 1. The
matter shall be heard as soon as possible. In an action
involving a request for government data under section 13.03 or
13.04, the court may inspect in camera the government data in
dispute, but shall conduct its hearing in public and in a manner
that protects the security of data classified as not public. If
the court issues an order to compel compliance under this
subdivision, the court shall forward a copy of the order to the
commissioner of administration.
(b) In determining whether to assess a civil penalty under
this subdivision, the court shall consider whether the
government entity has substantially complied with general data
practices under this chapter, including but not limited to,
whether the government entity has:
(1) designated a responsible authority under section 13.02,
subdivision 16;
(2) designated a data practices compliance official under
section 13.05, subdivision 13;
(3) prepared the public document that names the responsible
authority and describes the records and data on individuals that
are maintained by the government entity under section 13.05,
subdivision 1;
(4) developed public access procedures under section 13.03,
subdivision 2; procedures to guarantee the rights of data
subjects under section 13.05, subdivision 8; and procedures to
ensure that data on individuals are accurate and complete and to
safeguard the data's security under section 13.05, subdivision
5;
(5) sought an oral, written, or electronic opinion from the
commissioner of administration related to the matter at issue
and acted in conformity with that opinion or an opinion sought
by another person; or
(6) provided ongoing training to government entity
personnel who respond to requests under this chapter.
Sec. 9. [13.081] [ADMINISTRATIVE REMEDIES.]
Subdivision 1. [COMPLAINTS.] Any person who believes that
a government entity is not in compliance with this chapter may
file a complaint with the commissioner. The commissioner shall
specify the form of the complaint. The commissioner shall
conduct an investigation to determine whether the complaint is
valid or whether another alternative dispute resolution process
exists to address the issue presented. If the commissioner
determines the complaint is not valid or another alternative
dispute resolution process is a more appropriate forum for
resolving the dispute, the commissioner shall dismiss the
complaint and so inform the person who filed the complaint and
the government entity that was the subject of the complaint. If
the commissioner determines the complaint is valid, the
commissioner may take any of the actions under subdivision 2 to
resolve the complaint. The commissioner shall either dismiss
the complaint or refer it for one of the actions under
subdivision 2 within 20 days of receipt of the complaint. For
good cause and upon written notice to the person bringing the
complaint, the commissioner may extend this deadline for one
additional 30-day period.
Subd. 2. [INFORMAL RESOLUTION OF COMPLAINT.] The
commissioner may attempt to resolve a complaint informally or,
with the consent of both parties, refer the matter to an
alternative dispute resolution process and use the services of
the office of dispute resolution or the office of administrative
hearings to arbitrate or mediate the dispute.
Sec. 10. Minnesota Statutes 1999 Supplement, section
13.32, subdivision 7, is amended to read:
Subd. 7. [USES OF DATA.] School officials who receive data
on juveniles, as authorized under sections 260B.171 and
260C.171, may use and share that data within the school district
or educational entity as necessary to protect persons and
property or to address the educational and other needs of
students. A school district, its agents, and employees who use
and share this data in good faith are immune from civil or
criminal liability that might otherwise result from their
actions.
Sec. 11. Minnesota Statutes 1998, section 13.41,
subdivision 2, is amended to read:
Subd. 2. [PRIVATE DATA; DESIGNATED ADDRESSES AND TELEPHONE
NUMBERS.] (a) The following data collected, created or
maintained by any licensing agency are classified as private,
pursuant to section 13.02, subdivision 12: data, other than
their names and designated addresses, submitted by applicants
for licenses; the identity of complainants who have made reports
concerning licensees or applicants which appear in inactive
complaint data unless the complainant consents to the
disclosure; the nature or content of unsubstantiated complaints
when the information is not maintained in anticipation of legal
action; the identity of patients whose medical records are
received by any health licensing agency for purposes of review
or in anticipation of a contested matter; inactive investigative
data relating to violations of statutes or rules; and the record
of any disciplinary proceeding except as limited by subdivision
4.
(b) An applicant for a license shall designate on the
application a residence or business address and telephone number
at which the applicant can be contacted in connection with the
license application. A licensee who is subject to a
health-related licensing board, as defined in section 214.01,
subdivision 2, shall designate a residence or business address
and telephone number at which the licensee can be contacted in
connection with the license. By designating an address under
this paragraph other than a residence address, the applicant or
licensee consents to accept personal service of process by
service on the licensing agency for legal or administrative
proceedings. The licensing agency shall mail a copy of the
documents to the applicant or licensee at the last known
residence address.
Sec. 12. [13.623] [ST. PAUL HOUSING AND REDEVELOPMENT
AUTHORITY DATA.]
Subdivision 1. [PRIVATE AND NONPUBLIC DATA.] The following
data that are submitted to the St. Paul housing and
redevelopment authority by individuals and business entities
that are requesting financial assistance are private data on
individuals or nonpublic data: financial statements; credit
reports; business plans; income and expense projections;
customer lists; balance sheets; income tax returns; and design,
market, and feasibility studies not paid for with public funds.
Subd. 2. [PUBLIC DATA.] Data submitted to the authority
under subdivision 1 become public data if the authority provides
financial assistance to the individual or business entity,
except that the following data remain private or nonpublic:
business plans; income and expense projections not related to
the financial assistance provided; customer lists; income tax
returns; and design, market, and feasibility studies not paid
for with public funds.
Sec. 13. [13.624] [ST. PAUL ECONOMIC ASSISTANCE DATA.]
Subdivision 1. [PRIVATE AND NONPUBLIC DATA.] The following
data that are submitted to the city of St. Paul by individuals
and business entities that are requesting financial assistance
are private data on individuals or nonpublic data: financial
statements; credit reports; business plans; income and expense
projections; customer lists; balance sheets; income tax returns;
and design, market, and feasibility studies not paid for with
public funds.
Subd. 2. [PUBLIC DATA.] Data submitted to the city under
subdivision 1 become public data if the city provides financial
assistance to the individual or business entity, except that the
following data remain private or nonpublic: business plans;
income and expense projections not related to the financial
assistance provided; customer lists; income tax returns; and
design, market, and feasibility studies not paid for with public
funds.
Sec. 14. Minnesota Statutes 1998, section 13.84,
subdivision 5, is amended to read:
Subd. 5. [DISCLOSURE.] Private or confidential court
services data shall not be disclosed except:
(a) Pursuant to section 13.05;
(b) Pursuant to a statute specifically authorizing
disclosure of court services data;
(c) With the written permission of the source of
confidential data;
(d) To the court services department, parole or probation
authority or state or local correctional agency or facility
having statutorily granted supervision over the individual
subject of the data;
(e) Pursuant to subdivision 5a; or
(f) Pursuant to a valid court order.
Sec. 15. Minnesota Statutes 1998, 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, date of birth, 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. 16. Minnesota Statutes 1999 Supplement, section
13.99, subdivision 19, is amended to read:
Subd. 19. [HMO EXAMINATIONS.] Data obtained by the
commissioner of health in the course of an examination of the
affairs of a health maintenance organization are classified
under section 62D.14, subdivisions 1 and 4 4a.
Sec. 17. Minnesota Statutes 1999 Supplement, section
13.99, is amended by adding a subdivision to read:
Subd. 27h. [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING
PROGRAM SERVICES.] Data on individuals receiving services under
certain programs administered by the department of children,
families, and learning are classified under sections 119A.376,
subdivision 4; 119A.44, subdivision 7; and 119A.50, subdivision
2.
Sec. 18. Minnesota Statutes 1998, section 62D.14, is
amended by adding a subdivision to read:
Subd. 4a. [CLASSIFICATION OF DATA.] Any data or
information obtained by the commissioner under this section or
section 62D.145 shall be classified as private data on
individuals as defined in chapter 13. Such data shall be
protected and may be released consistent with the provisions of
section 60A.03, subdivision 9.
Sec. 19. [62D.145] [DISCLOSURE OF INFORMATION HELD BY
HEALTH MAINTENANCE ORGANIZATIONS.]
Subdivision 1. [PERSONAL AND PRIVILEGED INFORMATION.] The
ability of a health maintenance organization to disclose
personal information, as defined in section 72A.491, subdivision
17, and privileged information, as defined in section 72A.491,
subdivision 19, is governed by sections 72A.497, 72A.499, and
72A.502.
Subd. 2. [HEALTH DATA OR INFORMATION.] (a) A health
maintenance organization is prohibited from disclosing to any
person any individually identifiable data or information held by
the health maintenance organization pertaining to the diagnosis,
treatment, or health of any enrollee, or any application
obtained from any person, except:
(1) to the extent necessary to carry out the purposes of
this chapter, the commissioner and a designee shall have access
to the above data or information but the data removed from the
health maintenance organization or participating entity shall
not identify any particular patient or client by name or contain
any other unique personal identifier;
(2) upon the express consent of the enrollee or applicant;
(3) pursuant to statute or court order for the production
of evidence or the discovery thereof;
(4) in the event of claim or litigation between the person
and the provider or health maintenance organization wherein such
data or information is pertinent;
(5) to meet the requirements of contracts for prepaid
medical services with the commissioner of human services
authorized under chapter 256B, 256D, or 256L;
(6) to meet the requirements of contracts for benefit plans
with the commissioner of employee relations under chapter 43A;
or
(7) as otherwise authorized pursuant to statute.
No provision in a contract for a benefit plan under chapter
43A shall authorize dissemination of individually identifiable
health records, unless the dissemination of the health records
is required to carry out the requirements of the contract and
employees whose health records will be disseminated are fully
informed of the dissemination by the department of employee
relations at the time the employees are enrolling for or
changing insurance coverage.
(b) In any case involving a suspected violation of a law
applicable to health maintenance organizations in which access
to health data maintained by the health maintenance organization
or participating entity is necessary, the commissioner and
agents, while maintaining the privacy rights of individuals and
families, shall be permitted to obtain data that identifies any
particular patient or client by name. A health maintenance
organization shall be entitled to claim any statutory privileges
against such disclosure which the provider who furnished the
information to the health maintenance organization is entitled
to claim.
Sec. 20. Minnesota Statutes 1998, section 72A.491,
subdivision 17, is amended to read:
Subd. 17. [PERSONAL INFORMATION.] "Personal information"
means any individually identifiable information gathered in
connection with an insurance transaction from which judgments
can be made about an individual's character, habits, avocations,
finances, occupation, general reputation, credit, health, or any
other personal characteristics. The term includes the
individual's name and address and health record information, but
does not include privileged information. Personal information
does not include health record information maintained by a
health maintenance organization as defined under section 62D.02,
subdivision 4, in its capacity as a health provider.
Sec. 21. Minnesota Statutes 1998, section 119A.376, is
amended by adding a subdivision to read:
Subd. 4. [DATA CLASSIFICATION.] Data collected on
individuals from which the identity of any individual receiving
services may be determined are private data on individuals as
defined in section 13.02.
Sec. 22. Minnesota Statutes 1998, section 119A.44, is
amended by adding a subdivision to read:
Subd. 7. [DATA CLASSIFICATION.] Data collected on
individuals from which the identity of any individual receiving
services may be determined are private data on individuals as
defined in section 13.02.
Sec. 23. Minnesota Statutes 1998, section 119A.50, is
amended to read:
119A.50 [HEAD START PROGRAM.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The department of children, families, and learning is
the state agency responsible for administering the Head Start
program. The commissioner of children, families, and learning
may make grants to public or private nonprofit agencies for the
purpose of providing supplemental funds for the federal Head
Start program.
Subd. 2. [DATA CLASSIFICATION.] Data collected on
individuals from which the identity of any individual receiving
services may be determined are private data on individuals as
defined in section 13.02.
Sec. 24. Minnesota Statutes 1999 Supplement, section
256.978, subdivision 1, is amended to read:
Subdivision 1. [REQUEST FOR INFORMATION.] (a) The public
authority responsible for child support in this state or any
other state, in order to locate a person or to obtain
information necessary to establish paternity and child support
or to modify or enforce child support or distribute collections,
may request information reasonably necessary to the inquiry from
the records of (1) all departments, boards, bureaus, or other
agencies of this state agencies or political subdivisions of
this state, as defined in section 13.02, which shall,
notwithstanding the provisions of section 268.19 or any other
law to the contrary, provide the information necessary for this
purpose; and (2) employers, utility companies, insurance
companies, financial institutions, credit grantors, and labor
associations doing business in this state. They shall provide a
response upon written or electronic request within 30 days of
service of the request made by the public authority.
Information requested and used or transmitted by the
commissioner according to the authority conferred by this
section may be made available to other agencies, statewide
systems, and political subdivisions of this state, and agencies
of other states, interstate information networks, federal
agencies, and other entities as required by federal regulation
or law for the administration of the child support enforcement
program.
(b) For purposes of this section, "state" includes the
District of Columbia, Puerto Rico, the United States Virgin
Islands, and any territory or insular possession subject to the
jurisdiction of the United States.
Sec. 25. Minnesota Statutes 1999 Supplement, section
268.19, is amended to read:
268.19 [INFORMATION DATA PRIVACY.]
(a) Except as otherwise provided by this section, data
gathered from any employer or individual pursuant to the
administration of sections 268.03 to 268.23 are private data on
individuals or nonpublic data not on individuals as defined in
section 13.02, subdivisions 9 and 12, and may not be disclosed
except pursuant to a court order or section 13.05. These data
may be disseminated to and used by the following agencies
without the consent of the subject of the data:
(1) state and federal agencies specifically authorized
access to the data by state or federal law;
(2) any agency of Minnesota 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;
(3) human rights agencies within Minnesota that have
enforcement powers;
(4) the department of revenue must have access to
department private data on individuals and nonpublic data not on
individuals only to the extent necessary for enforcement of
Minnesota tax laws;
(5) public and private agencies responsible for
administering publicly financed assistance programs for the
purpose of monitoring the eligibility of the program's
recipients;
(6) the department of labor and industry on an
interchangeable basis with the department subject to the
following limitations and regardless of any law to the contrary:
(i) the department must have access to private data on
individuals and nonpublic data not on individuals for uses
consistent with the administration of its duties under sections
268.03 to 268.23; and
(ii) the department of labor and industry must have access
to private data on individuals and nonpublic data not on
individuals for uses consistent with the administration of its
duties under Minnesota law;
(7) the department of trade and economic development may
have access to private data on individual employers and
nonpublic data not on individual employers for its internal use
only; when received by the department of trade and economic
development, the data remain private data on individuals or
nonpublic data;
(8) 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 or to monitor and
evaluate the statewide Minnesota family investment program by
providing data on recipients and former recipients of food
stamps, cash assistance under chapter 256, 256D, 256J, or 256K,
child care assistance under chapter 119B, or medical programs
under chapter 256B, 256D, or 256L;
(9) 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; and
(10) the federal Immigration and Naturalization Service
shall have access to data on specific individuals and specific
employers provided the specific individual or specific employer
is the subject of an investigation by that agency; and
(11) the department of health may have access to private
data on individuals and nonpublic data not on individuals solely
for the purposes of epidemiologic investigations.
(b) Data on individuals and employers that are collected,
maintained, or used by the department in an investigation
pursuant to section 268.182 are confidential as to data on
individuals and protected nonpublic data not on individuals as
defined in section 13.02, subdivisions 3 and 13, and must not be
disclosed except pursuant to statute or court order or to a
party named in a criminal proceeding, administrative or
judicial, for preparation of a defense.
(c) Tape recordings and transcripts of recordings of
proceedings conducted in accordance with section 268.105 and
exhibits received into evidence at those proceedings are private
data on individuals and nonpublic data not on individuals and
must be disclosed only pursuant to the administration of section
268.105, or pursuant to a court order.
(d) The department may disseminate an employer's name,
address, industry code, occupations employed, and the number of
employees by ranges of not less than 100 for the purpose of
assisting individuals using the Minnesota workforce center
system in obtaining employment.
(e) The general aptitude test battery and the nonverbal
aptitude test battery as administered by the department are
private data on individuals or nonpublic data.
(f) Data gathered by the department pursuant to the
administration of sections 268.03 to 268.23 must 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.
Sec. 26. Minnesota Statutes 1998, section 270B.14,
subdivision 8, is amended to read:
Subd. 8. [EXCHANGE BETWEEN DEPARTMENTS OF LABOR AND
INDUSTRY AND REVENUE.] The departments of labor and industry and
revenue may exchange information as follows:
(1) data used in determining whether a business is an
employer or a contracting agent;
(2) taxpayer identity information relating to employers and
employees for purposes of supporting tax administration and
chapter 176; and
(3) data to the extent provided in and for the purpose set
out in section 176.181, subdivision 8.
Sec. 27. Minnesota Statutes 1998, section 466.03, is
amended by adding a subdivision to read:
Subd. 21. [GEOGRAPHIC INFORMATION SYSTEMS (GIS) DATA.] (a)
Any claim against a municipality, based on alleged or actual
inaccuracies in geographic information systems data, arising
from the public's use of GIS data, if the municipality provides
a disclaimer of the accuracy of the information at any point of
initial contact with a geographic information system to which
the public has general access.
(b) Geographic information systems data is government data
subject to the presumption of section 13.01, subdivision 3. GIS
data is data generated by a computer database or system that is
designed to electronically capture, organize, store, update,
manipulate, analyze, and display all forms of geographically
referenced information that is compiled, from private or public
sources, either alone or in cooperation with other public or
private entities, for use by a municipality. GIS data is
accurate for its intended use by a municipality and may be
inaccurate for other uses.
Sec. 28. Minnesota Statutes 1998, section 609.115,
subdivision 5, is amended to read:
Subd. 5. [REPORT TO COMMISSIONER OR LOCAL CORRECTIONAL
AGENCY.] If the defendant is sentenced to the commissioner of
corrections, a copy of any report made pursuant to this section
and not made by the commissioner shall accompany the
commitment. If the defendant is sentenced to a local
correctional agency or facility, a copy of the report must be
provided to that agency or facility.
Sec. 29. Laws 1999, chapter 216, article 2, section 27,
subdivision 1, is amended to read:
Subdivision 1. [PILOT PROJECT AUTHORIZED; PURPOSE.] The
fourth judicial district may establish a domestic fatality
review team as a 30-month pilot project to review domestic
violence deaths that have occurred in the district. The team
may review cases in which prosecution has been completed or the
prosecutorial authority has decided not to pursue the case. The
purpose of the review team is to assess domestic violence deaths
in order to develop recommendations for policies and protocols
for community prevention and intervention initiatives to reduce
and eliminate the incidence of domestic violence and resulting
fatalities.
Sec. 30. Laws 1999, chapter 216, article 2, section 27, is
amended by adding a subdivision to read:
Subd. 3a. [DUTIES; ACCESS TO DATA.] (a) The domestic
fatality review team shall collect, review, and analyze death
certificates and death data, including investigative reports,
medical and counseling records, victim service records,
employment records, child abuse reports, or other information
concerning domestic violence deaths, survivor interviews and
surveys, and other information deemed by the team as necessary
and appropriate concerning the causes and manner of domestic
violence deaths.
(b) The review team has access to the following not public
data, as defined in Minnesota Statutes, section 13.02,
subdivision 8a, relating to a case being reviewed by the team:
inactive law enforcement investigative data under Minnesota
Statutes, section 13.82; autopsy records and coroner or medical
examiner investigative data under Minnesota Statutes, section
13.83; hospital, public health, or other medical records of the
victim under Minnesota Statutes, section 13.42; records under
Minnesota Statutes, section 13.46, created by social service
agencies that provided services to the victim, the alleged
perpetrator, or another victim who experienced or was threatened
with domestic abuse by the perpetrator; and child maltreatment
records under Minnesota Statutes, section 626.556, relating to
the victim or a family or household member of the victim.
Access to medical records under this paragraph also includes
records governed by Minnesota Statutes, section 144.335.
(c) As part of any review, the domestic fatality review
team may compel the production of other records by applying to
the district court for a subpoena, which will be effective
throughout the state according to the Rules of Civil Procedure.
Sec. 31. Laws 1999, chapter 216, article 2, section 27, is
amended by adding a subdivision to read:
Subd. 3b. [CONFIDENTIALITY; DATA PRIVACY.] A person
attending a domestic fatality review team meeting may not
disclose what transpired at the meeting, except to carry out the
purposes of the review team or as otherwise provided in this
subdivision. The review team may disclose the names of the
victims in the cases it reviewed. The proceedings and records
of the review team are confidential data as defined in Minnesota
Statutes, section 13.02, subdivision 3, or protected nonpublic
data as defined in Minnesota Statutes, section 13.02,
subdivision 13, regardless of their classification in the hands
of the person who provided the data, and are not subject to
discovery or introduction into evidence in a civil or criminal
action against a professional, the state or a county agency,
arising out of the matters the team is reviewing. Information,
documents, and records otherwise available from other sources
are not immune from discovery or use in a civil or criminal
action solely because they were presented during proceedings of
the review team. This section does not limit a person who
presented information before the review team or who is a member
of the panel from testifying about matters within the person's
knowledge. However, in a civil or criminal proceeding, a person
may not be questioned about the person's good faith presentation
of information to the review team or opinions formed by the
person as a result of the review team meetings.
Sec. 32. Laws 1999, chapter 216, article 2, section 27, is
amended by adding a subdivision to read:
Subd. 3c. [IMMUNITY.] Members of the fourth judicial
district domestic fatality advisory board, members of the
domestic fatality review team, and members of each review panel,
as well as their agents or employees, are immune from claims and
are not subject to any suits, liability, damages, or any other
recourse, civil or criminal, arising from any act, proceeding,
decision, or determination undertaken or performed or
recommendation made by the domestic fatality review team,
provided they acted in good faith and without malice in carrying
out their responsibilities. Good faith is presumed until proven
otherwise and the complainant has the burden of proving malice
or a lack of good faith. No organization, institution, or
person furnishing information, data, testimony, reports, or
records to the domestic fatality review team as part of an
investigation is civilly or criminally liable or subject to any
other recourse for providing the information.
Sec. 33. [REPEALER.]
Minnesota Statutes 1998, section 62D.14, subdivision 4, is
repealed.
Sec. 34. [EFFECTIVE DATE.]
Section 9 is effective July 1, 2001. Section 27 is
effective the day following final enactment and applies to
causes of action arising on or after that date.
Presented to the governor May 11, 2000
Signed by the governor May 15, 2000, 10:40 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes