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1989 Minnesota Session Laws

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                         Laws of Minnesota 1989 

                        CHAPTER 351-H.F.No. 1150 
           An act relating to the collection, access to, and 
          dissemination of data; proposing classifications of 
          data as private, confidential, nonpublic, and 
          protected nonpublic; clarifying classification of 
          data; clarifying what data on juveniles may be made 
          available to the public; amending Minnesota Statutes 
          1988, sections 3.97, subdivision 11; 13.02, 
          subdivision 9; 13.10, subdivision 1; 13.32, 
          subdivisions 3 and 5; 13.46, subdivision 8; 13.64; 
          13.76, subdivision 1; 13.82, subdivisions 8 and 10; 
          16A.055, subdivision 1; 144.581, by adding a 
          subdivision; 245.94, subdivision 1; and 260.161, 
          subdivision 3; proposing coding for new law in 
          Minnesota Statutes, chapter 13; repealing Minnesota 
          Statutes 1988, section 340A.503, subdivision 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 3.97, 
subdivision 11, is amended to read: 
    Subd. 11.  "Audit" as used in this subdivision means a 
financial audit, a program evaluation, or an investigation.  
Data relating to an audit are not public or with respect to data 
on individuals are confidential until the final report of the 
audit has been published or the audit is no longer being 
actively pursued.  Data that support the conclusions of the 
report and that the legislative auditor reasonably believes will 
result in litigation are not public and with respect to data on 
individuals are confidential until the litigation has been 
completed or is no longer being actively pursued.  Data on 
individuals that could reasonably be used to determine the 
identity of an individual supplying data for an audit are 
private if the data supplied by the individual were needed for 
an audit and the individual would not have provided the data to 
the legislative auditor without an assurance that the 
individual's identity would remain private, or the legislative 
auditor reasonably believes that the subject would not have 
provided the data.  The definitions of terms provided in section 
13.02 apply for purposes of this subdivision. 
    Sec. 2.  Minnesota Statutes 1988, section 13.02, 
subdivision 9, is amended to read: 
    Subd. 9.  [NONPUBLIC DATA.] "Nonpublic data" means data not 
on individuals which that is made by statute or federal law 
applicable to the data:  (a) not accessible to the public; and 
(b) accessible to the subject, if any, of the data. 
    Sec. 3.  Minnesota Statutes 1988, section 13.10, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this chapter: 
    (a) "Confidential data on decedents" means data which, 
prior to the death of the data subject, were classified by 
statute, federal law, or temporary classification as 
confidential data.  
    (b) "Private data on decedents" means data which, prior to 
the death of the data subject, were classified by statute, 
federal law, or temporary classification as private data.  
    (c) "Representative of the decedent" means the personal 
representative of the estate of the decedent during the period 
of administration, or if no personal representative has been 
appointed or after discharge, the surviving spouse, any child of 
the decedent, or, if there is no surviving spouse or children, 
any other of the decedent's living next of kin within one degree 
on consanguinity as determined in the order of priority 
established by the rules of civil law the parents of the 
decedent.  
    Sec. 4.  Minnesota Statutes 1988, section 13.32, 
subdivision 3, is amended to read: 
    Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
Except as provided in subdivision 5, educational data is private 
data on individuals and shall not be disclosed except as follows:
    (a) Pursuant to section 13.05; 
    (b) Pursuant to a valid court order; 
    (c) Pursuant to a statute specifically authorizing access 
to the private data; 
    (d) To disclose information in health and safety 
emergencies pursuant to the provisions of United States Code, 
title 20, section 1232g(b)(1)(I) and Code of Federal 
Regulations, title 45 34, section 99.36 which are in effect on 
July 1, 1979 1989; 
    (e) Pursuant to the provisions of United States Code, title 
20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
(b)(3) and Code of Federal Regulations, title 45 34, sections 
99.31, 99.32, 99.33, 99.34 and 99.35 which are in effect on July 
1, 1979 1989; or 
    (f) To appropriate health authorities to the extent 
necessary to administer immunization programs and for bona fide 
epidemiologic investigations which the commissioner of health 
determines are necessary to prevent disease or disability to 
individuals in the public educational agency or institution in 
which the investigation is being conducted. 
    Sec. 5.  Minnesota Statutes 1988, section 13.32, 
subdivision 5, is amended to read: 
    Subd. 5.  [DIRECTORY INFORMATION.] Information designated 
as directory information pursuant to the provisions of United 
States Code, title 20, section 1232g and regulations adopted 
pursuant thereto Code of Federal Regulations, title 34, section 
99.37 which are in effect on July 1, 1979 1989, is public data 
on individuals.  
    Sec. 6.  Minnesota Statutes 1988, section 13.46, 
subdivision 8, is amended to read: 
    Subd. 8.  [ACCESS FOR AUDITING.] To the extent required by 
state or federal law, representatives of federal, state, or 
local agencies shall have access to data maintained by public or 
private community mental health centers, mental health divisions 
of counties, and other providers under contract to deliver 
mental health services which is necessary to achieve the purpose 
of auditing.  Public or private community mental health centers, 
mental health divisions of counties, and other providers under 
contract to deliver mental health services shall not permit this 
data to identify any particular patient or client by name or 
contain any other unique personal identifier, except data 
provided to the legislative auditor.  Notwithstanding any 
statute or rule to the contrary, and solely for the purposes of 
conducting an audit approved by the legislative audit commission 
in 1988, the legislative auditor shall be given access to all 
data, records, and files classified as not public.  The 
legislative auditor shall maintain all data collected under this 
subdivision in accordance with chapter 13 and may not disclose 
data that identify a patient or client by name or that contain 
any other personal identifier. 
    Sec. 7.  [13.552] [HUMAN RIGHTS DATA.] 
    Data maintained by the human rights department of a 
political subdivision, including human rights investigative data 
and data contained in closed or open case files, are classified 
the same as and administered in accordance with chapter 363. 
    Sec. 8.  Minnesota Statutes 1988, section 13.64, is amended 
to read: 
    13.64 [DEPARTMENT OF ADMINISTRATION DATA.] 
    Notes and preliminary drafts of reports created, collected, 
or maintained by the management analysis division, department of 
administration, and prepared during management studies, audits, 
reviews, consultations, or investigations of state departments 
and agencies are classified as confidential or protected 
nonpublic data until the final report has been published or 
preparation of the report is no longer being actively pursued.  
Data that support the conclusions of the report and that the 
commissioner of administration reasonably believes will result 
in litigation are confidential or protected nonpublic until the 
litigation has been completed or until the litigation is no 
longer being actively pursued.  Data on individuals that could 
reasonably be used to determine the identity of an individual 
supplying data for a report are private if (a) the data supplied 
by the individual were needed for an audit a report and (b) the 
data would not have been provided to the management analysis 
division without an assurance to the individual that the 
individual's identity would remain private. 
    Sec. 9.  [13.671] [IRON RANGE RESOURCES AND REHABILITATION 
BOARD DATA.] 
    Subdivision 1.  [NONPUBLIC DATA.] The following data that 
are submitted to the commissioner of the iron range resources 
and rehabilitation board by businesses that are requesting 
financial assistance are nonpublic data:  the identity of the 
business and financial information about the business including, 
but not limited to, credit reports, financial statements, net 
worth calculations, business plans, income and expense 
projections, customer lists, and market and feasibility studies 
not paid for with public funds.  
    Subd. 2.  [PUBLIC DATA.] Data submitted to the commissioner 
under subdivision 1 become public data upon submission of the 
request for financial assistance to the iron range resources and 
rehabilitation board except that the following data remain 
nonpublic:  business plans, income and expense projections, 
customer lists, and market and feasibility studies not paid for 
with public funds.  
    Sec. 10.  Minnesota Statutes 1988, section 13.76, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEVELOPMENT LOAN DATA.] All financial 
information on individuals and business entities including, but 
not limited to, credit reports, financial statements, and net 
worth calculations, that are contained in applications an 
application received by the department of trade and economic 
development in its administration of the certified state 
development loan program are classified as private data with 
regard to data on individuals, and as nonpublic data with regard 
to data not on individuals until the application is approved. 
    Sec. 11.  [13.794] [INTERNAL AUDITING DATA.] 
    Subdivision 1.  [CONFIDENTIAL DATA OR PROTECTED NONPUBLIC 
DATA.] Data, notes, and preliminary drafts of reports created, 
collected, and maintained by the internal audit offices of state 
agencies or persons performing audits for state agencies and 
relating to an audit or investigation are confidential data on 
individuals or protected nonpublic data until the final report 
has been published or the audit or investigation is no longer 
being pursued actively. 
    Subd. 2.  [PRIVATE DATA ON INDIVIDUALS.] Data on an 
individual supplying information for an audit or investigation, 
that could reasonably be used to determine the individual's 
identity, are private data on individuals if the information 
supplied was needed for an audit or investigation and would not 
have been provided to the internal audit office or person 
performing audits without an assurance to the individual that 
the individual's identity would remain private. 
    Sec. 12.  Minnesota Statutes 1988, section 13.82, 
subdivision 8, is amended to read: 
    Subd. 8.  [PUBLIC BENEFIT DATA.] Any law enforcement agency 
may make any data classified as confidential or protected 
nonpublic pursuant to subdivision 5 accessible to any person, 
agency or the public if the agency determines that the access 
will aid the law enforcement process, promote public safety or 
dispel widespread rumor or unrest.  
    Sec. 13.  Minnesota Statutes 1988, section 13.82, 
subdivision 10, is amended to read: 
    Subd. 10.  [PROTECTION OF IDENTITIES.] A law enforcement 
agency may withhold public access to data on individuals to 
protect the identity of individuals in the following 
circumstances: 
    (a) When access to the data would reveal the identity of an 
undercover law enforcement officer; 
    (b) When access to the data would reveal the identity of a 
victim of criminal sexual conduct or intrafamilial sexual abuse 
or of a violation of section 617.246, subdivision 2; 
    (c) When access to the data would reveal the identity of a 
paid or unpaid informant being used by the agency if the agency 
reasonably determines that revealing the identity of the 
informant would threaten the personal safety of the informant; 
or 
    (d) When access to the data would reveal the identity of a 
victim of or witness to a crime if the victim or witness 
specifically requests not to be identified publicly, and the 
agency reasonably determines that revealing the identity of the 
victim or witness would threaten the personal safety or property 
of the individual. 
    Sec. 14.  Minnesota Statutes 1988, section 16A.055, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LIST.] The commissioner shall:  
    (1) receive and record all money paid into the state 
treasury and safely keep it until lawfully paid out; 
    (2) manage the state's financial affairs; 
    (3) keep the state's general account books according to 
generally accepted government accounting principles; 
    (4) keep expenditure and revenue accounts according to 
generally accepted government accounting principles; 
    (5) develop, provide instructions for, prescribe, and 
manage a state uniform accounting system; and 
    (6) provide to the state the expertise to ensure that all 
state funds are accounted for under generally accepted 
government accounting principles; and 
    (7) coordinate the development of, and develop standards 
for, internal auditing in state agencies and, in cooperation 
with the commissioner of administration, report to the 
legislature and the governor by December 31, 1990, on progress 
made. 
    Sec. 15.  Minnesota Statutes 1988, section 144.581, is 
amended by adding a subdivision to read: 
    Subd. 5.  [CLOSED MEETINGS; RECORDING.] (a) Notwithstanding 
subdivision 4 or section 471.705, a public hospital or an 
organization established under this section may hold a closed 
meeting to discuss specific marketing activity and contracts 
that might be entered into pursuant to the marketing activity in 
cases where the hospital or organization is in competition with 
health care providers that offer similar goods or services, and 
where disclosure of information pertaining to those matters 
would cause harm to the competitive position of the hospital or 
organization, provided that the goods or services do not require 
a tax levy.  No contracts referred to in this paragraph may be 
entered into earlier than 15 days after the proposed contract 
has been described at a public meeting and the description 
entered in the minutes, except for contracts for consulting 
services or with individuals for personal services.  
    (b) A meeting may not be closed under paragraph (a) except 
by a majority vote of the board of directors in a public 
meeting.  The time and place of the closed meeting must be 
announced at the public meeting.  A written roll of members 
present at the closed meeting must be available to the public 
after the closed meeting.  The proceedings of a closed meeting 
must be tape-recorded and preserved by the board of directors 
for two years.  The data on the tape are nonpublic data under 
section 13.02, subdivision 9.  However, the data become public 
data under section 13.02, subdivision 14, two years after the 
meeting, or when the hospital or organization takes action on 
matters referred to in paragraph (a), except for contracts for 
consulting services.  In the case of personal service contracts, 
the data become public when the contract is signed.  For 
entities subject to section 471.345, a contract entered into by 
the board is subject to the requirements of section 471.345. 
    (c) The board of directors may not discuss a tax levy at a 
closed meeting. 
    Sec. 16.  Minnesota Statutes 1988, section 245.94, 
subdivision 1, is amended to read: 
    Subdivision 1.  [POWERS.] (a) The ombudsman may prescribe 
the methods by which complaints to the office are to be made, 
reviewed, and acted upon.  The ombudsman may not levy a 
complaint fee. 
     (b) The ombudsman may mediate or advocate on behalf of a 
client.  
     (c) The ombudsman may investigate the quality of services 
provided to clients and determine the extent to which quality 
assurance mechanisms within state and county government work to 
promote the health, safety, and welfare of clients, other than 
clients in acute care facilities who are receiving services not 
paid for by public funds. 
     (d) At the request of a client, or upon receiving a 
complaint or other information affording reasonable grounds to 
believe that the rights of a client who is not capable of 
requesting assistance have been adversely affected, the 
ombudsman may gather information about and analyze, on behalf of 
the client, the actions of an agency, facility, or program. 
     (e) The ombudsman may examine, on behalf of a client, 
records of an agency, facility, or program if the records relate 
to a matter that is within the scope of the ombudsman's 
authority.  If the records are private and the client is capable 
of providing consent, the ombudsman shall first obtain the 
client's consent.  The ombudsman is not required to obtain 
consent for access to private data on clients with mental 
retardation or a related condition.  
    (f) The ombudsman may, at reasonable times in the course of 
conducting a review, enter and view premises within the control 
of an agency, facility, or program.  
    (g) The ombudsman may attend department of human services 
review board and special review board proceedings; proceedings 
regarding the transfer of patients or residents, as defined in 
section 246.50, subdivisions 4 and 4a, between institutions 
operated by the department of human services; and, subject to 
the consent of the affected client, other proceedings affecting 
the rights of clients.  The ombudsman is not required to obtain 
consent to attend meetings or proceedings and have access to 
private data on clients with mental retardation or a related 
condition. 
    (h) The ombudsman shall have access to data of agencies, 
facilities, or programs classified as private or confidential as 
defined in section 13.02, subdivisions 3 and 12 and 13, 
regarding services provided to clients with mental retardation 
or a related condition. 
    (i) To avoid duplication and preserve evidence, the 
ombudsman shall inform relevant licensing or regulatory 
officials before undertaking a review of an action of the 
facility or program. 
    (j) Sections 245.91 to 245.97 are in addition to other 
provisions of law under which any other remedy or right is 
provided. 
    Sec. 17.  Minnesota Statutes 1988, section 260.161, 
subdivision 3, is amended to read: 
    Subd. 3.  (a) Peace officers' records of children shall be 
kept separate from records of persons 18 years of age or older 
and shall not be open to public inspection or their contents 
disclosed to the public except (1) by order of the juvenile 
court, or (2) as required by section 126.036, or (3) as 
authorized under chapter 13 section 13.82, subdivision 2; except 
that traffic investigation reports may be open to inspection by 
a person who has sustained physical harm or economic loss as a 
result of the traffic accident.  No photographs of a child taken 
into custody may be taken without the consent of the juvenile 
court unless the child is alleged to have violated section 
169.121 or 169.129.  Any person violating any of the provisions 
of this subdivision shall be guilty of a misdemeanor.  
    (b) Nothing in this subdivision prohibits the exchange of 
information by law enforcement agencies if the exchanged 
information is pertinent and necessary to the requesting agency 
in initiating, furthering, or completing a criminal 
investigation. 
    Sec. 18.  [HOSPITAL STUDY DATA.] 
    The following data contained in a report prepared for 
Meeker county, entitled "Final Report:  Philanthropic Planning 
Study for a Capital Development/Foundation Endowment Program," 
are classified as confidential data or protected nonpublic data 
as defined in Minnesota Statutes, chapter 13:  data that 
identify staff of the county hospital, members of the medical 
staff, or individuals who made comments on the hospital or 
medical staff during the preparation of the report and data that 
describe the hospital's fundraising plans and strategies. 
    Sec. 19.  [REPEALER.] 
    Minnesota Statutes 1988, section 340A.503, subdivision 7, 
is repealed. 
    Sec. 20.  [EFFECTIVE DATE.] 
    Section 6 is effective the day following final enactment. 
    Presented to the governor May 26, 1989 
    Signed by the governor May 26, 1989, 6:20 p.m.

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