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2000 Minnesota Session Laws

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                            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.

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