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

CHAPTER 284--H.F.No. 183

An act

relating to data practices; enhancing certain penalties and procedures related to unauthorized access to data by a public employee; requiring disclosure of certain data related to use of the CIBRS law enforcement database;

amending Minnesota Statutes 2012, sections 13.05, subdivision 5; 13.055; 13.09; 299C.40, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 13.05, subdivision 5, is amended to read:

Subd. 5.

Data protection.

(a) The responsible authority shallnew text begin :new text end

(1) establish procedures to assure that all data on individuals is accurate, complete, and current for the purposes for which it was collected; deleted text begin anddeleted text end

(2) establish appropriate security safeguards for all records containing data on individualsnew text begin , including procedures for ensuring that data that are not public are only accessible to persons whose work assignment reasonably requires access to the data, and is only being accessed by those persons for purposes described in the procedure; andnew text end

new text begin (3) develop a policy incorporating these procedures, which may include a model policy governing access to the data if sharing of the data with other government entities is authorized by lawnew text end .

(b) When not public data is being disposed of, the data must be destroyed in a way that prevents its contents from being determined.

Sec. 2.

Minnesota Statutes 2012, section 13.055, is amended to read:

13.055 deleted text begin STATE AGENCIES;deleted text end DISCLOSURE OF BREACH IN SECURITYnew text begin ; NOTIFICATION AND INVESTIGATION REPORT REQUIREDnew text end .

Subdivision 1.

Definitions.

For purposes of this section, the following terms have the meanings given to them.

(a) "Breach of the security of the data" means unauthorized acquisition of data maintained by a deleted text begin state agencydeleted text end new text begin government entitynew text end that compromises the security and classification of the data. Good faith acquisition of new text begin or access to new text end government data by an employee, contractor, or agent of a deleted text begin state agencydeleted text end new text begin government entitynew text end for the purposes of the deleted text begin state agencydeleted text end new text begin entitynew text end is not a breach of the security of the data, if the government data is not provided tonew text begin or viewable bynew text end an unauthorized personnew text begin , or accessed for a purpose not described in the procedures required by section 13.05, subdivision 5new text end new text begin . For purposes of this paragraph, data maintained by a government entity includes data maintained by a person under a contract with the government entity that provides for the acquisition of or access to the data by an employee, contractor, or agent of the government entitynew text end .

(b) "Contact information" means either name and mailing address or name and e-mail address for each individual who is the subject of data maintained by the deleted text begin state agencydeleted text end new text begin government entitynew text end .

(c) "Unauthorized acquisition" means that a person has obtainednew text begin , accessed, or viewednew text end government data without the informed consent of the individuals who are the subjects of the data or statutory authority and with the intent to use the data for nongovernmental purposes.

(d) "Unauthorized person" means any person who accesses government data deleted text begin without permission ordeleted text end without a work assignment that reasonably requires deleted text begin the person to havedeleted text end access deleted text begin to the datadeleted text end new text begin , or regardless of the person's work assignment, for a purpose not described in the procedures required by section 13.05, subdivision 5new text end .

Subd. 2.

Notice to individualsnew text begin ; investigation reportnew text end .

new text begin (a) new text end A deleted text begin state agencydeleted text end new text begin government entitynew text end that collects, creates, receives, maintains, or disseminates private or confidential data on individuals must disclose any breach of the security of the data following discovery or notification of the breach. new text begin Writtennew text end notification must be made to any individual who is the subject of the data and whose private or confidential data was, or is reasonably believed to have been, acquired by an unauthorized personnew text begin and must inform the individual that a report will be prepared under paragraph (b), how the individual may obtain access to the report, and that the individual may request delivery of the report by mail or e-mailnew text end . The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement agency as provided in subdivision 3; or (2) any measures necessary to determine the scope of the breach and restore the reasonable security of the data.

new text begin (b) Notwithstanding section 13.15 or 13.37, upon completion of an investigation into any breach in the security of data and final disposition of any disciplinary action for purposes of section 13.43, including exhaustion of all rights of appeal under any applicable collective bargaining agreement, the responsible authority shall prepare a report on the facts and results of the investigation. If the breach involves unauthorized access to or acquisition of data by an employee, contractor, or agent of the government entity, the report must at a minimum include: new text end

new text begin (1) a description of the type of data that were accessed or acquired; new text end

new text begin (2) the number of individuals whose data was improperly accessed or acquired; new text end

new text begin (3) if there has been final disposition of disciplinary action for purposes of section 13.43, the name of each employee determined to be responsible for the unauthorized access or acquisition, unless the employee was performing duties under chapter 5B; and new text end

new text begin (4) the final disposition of any disciplinary action taken against each employee in response. new text end

Subd. 3.

Delayed notice.

The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede an active criminal investigation. The notification required by this section must be made after the law enforcement agency determines that it will not compromise the investigation.

Subd. 4.

Method of notice.

Notice under this section may be provided by one of the following methods:

(a) written notice by first class mail to each affected individual;

(b) electronic notice to each affected individual, if the notice provided is consistent with the provisions regarding electronic records and signatures as set forth in United States Code, title 15, section 7001; or

(c) substitute notice, if the deleted text begin state agencydeleted text end new text begin government entitynew text end demonstrates that the cost of providing the written notice required by paragraph (a) would exceed $250,000, or that the affected class of individuals to be notified exceeds 500,000, or the deleted text begin state agencydeleted text end new text begin government entitynew text end does not have sufficient contact information. Substitute notice consists of all of the following:

(i) e-mail notice if the deleted text begin state agencydeleted text end new text begin government entitynew text end has an e-mail address for the affected individuals;

(ii) conspicuous posting of the notice on the Web site page of the deleted text begin state agencydeleted text end new text begin government entitynew text end , if the deleted text begin state agencydeleted text end new text begin government entitynew text end maintains a Web site; and

(iii) notification to major media outlets that reach the general publicnew text begin within the government entity's jurisdictionnew text end .

Subd. 5.

Coordination with consumer reporting agencies.

If the deleted text begin state agencydeleted text end new text begin government entitynew text end discovers circumstances requiring notification under this section of more than 1,000 individuals at one time, the deleted text begin state agencydeleted text end new text begin government entitynew text end must also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in United States Code, title 15, section 1681a, of the timing, distribution, and content of the notices.

Subd. 6.

Security assessments.

new text begin At least annually, new text end each government entity shall conduct a comprehensive security assessment of any personal information maintained by the government entity. For the purposes of this subdivision, personal information is defined under section 325E.61, subdivision 1, paragraphs (e) and (f).

new text begin Subd. 7. new text end

new text begin Access to data for audit purposes. new text end

new text begin Nothing in this section or section 13.05, subdivision 5, restricts access to not public data by the legislative auditor or state auditor in the performance of official duties. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to security breaches occurring on or after that date. new text end

Sec. 3.

Minnesota Statutes 2012, section 13.09, is amended to read:

13.09 PENALTIES.

new text begin (a) new text end Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter new text begin or whose conduct constitutes the knowing unauthorized acquisition of not public data, as defined in section 13.055, subdivision 1, new text end is guilty of a misdemeanor.

new text begin (b) new text end Willful violation of this chapter deleted text begin bydeleted text end new text begin , including any action subject to a criminal penalty under paragraph (a), bynew text end any public employee constitutes just cause for suspension without pay or dismissal of the public employee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes committed on or after that date. new text end

Sec. 4.

Minnesota Statutes 2012, section 299C.40, subdivision 4, is amended to read:

Subd. 4.

Data classification; general rule; changes in classification; audit trail.

(a) The classification of data in the law enforcement agency does not change after the data is submitted to CIBRS. If CIBRS is the only source of data made public by section 13.82, subdivisions 2, 3, 6, and 7, data described in those subdivisions must be downloaded and made available to the public as required by section 13.03.

(b) Data on individuals created, collected, received, maintained, or disseminated by CIBRS is classified as confidential data on individuals as defined in section 13.02, subdivision 3, and becomes private data on individuals as defined in section 13.02, subdivision 12, as provided by this section.

(c) Data not on individuals created, collected, received, maintained, or disseminated by CIBRS is classified as protected nonpublic data as defined in section 13.02, subdivision 13, and becomes nonpublic data as defined in section 13.02, subdivision 9, as provided by this section.

(d) Confidential or protected nonpublic data created, collected, received, maintained, or disseminated by CIBRS must automatically change classification from confidential data to private data or from protected nonpublic data to nonpublic data on the earlier of the following dates:

(1) upon receipt by CIBRS of notice from a law enforcement agency that an investigation has become inactive; or

(2) when the data has not been updated by the law enforcement agency that submitted it for a period of 120 days.

(e) For the purposes of this section, an investigation becomes inactive upon the occurrence of any of the events listed in section 13.82, subdivision 7, clauses (a) to (c).

(f) Ten days before making a data classification change because data has not been updated, CIBRS must notify the law enforcement agency that submitted the data that a classification change will be made on the 120th day. The notification must inform the law enforcement agency that the data will retain its classification as confidential or protected nonpublic data if the law enforcement agency updates the data or notifies CIBRS that the investigation is still active before the 120th day. A new 120-day period begins if the data is updated or if a law enforcement agency notifies CIBRS that an active investigation is continuing.

(g) A law enforcement agency that submits data to CIBRS must notify CIBRS if an investigation has become inactive so that the data is classified as private data or nonpublic data. The law enforcement agency must provide this notice to CIBRS within ten days after an investigation becomes inactive.

(h) All queries and responses and all actions in which data is submitted to CIBRS, changes classification, or is disseminated by CIBRS to any law enforcement agency must be recorded in the CIBRS audit trail.

new text begin (i) Notwithstanding paragraphs (b) and (c), the name of each law enforcement agency that submits data to CIBRS, and a general description of the types of data submitted by the agency, are public. new text end

Presented to the governor May 16, 2014

Signed by the governor May 21, 2014, 10:36 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes