1.1                          A bill for an act 
  1.2             relating to government data practices; providing for 
  1.3             classification of computer data; clarifying 
  1.4             classification of information in bids and proposals; 
  1.5             classifying certain burial site data; amending 
  1.6             Minnesota Statutes 2002, sections 16C.06, by adding a 
  1.7             subdivision; 16C.10, subdivision 7; 307.08, by adding 
  1.8             a subdivision; proposing coding for new law in 
  1.9             Minnesota Statutes, chapter 13; repealing Minnesota 
  1.10            Statutes 2002, sections 13.6401, subdivision 4; Laws 
  1.11            2001, First Special Session chapter 10, article 2, 
  1.12            section 40. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [13.15] [COMPUTER DATA.] 
  1.15     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  1.16  following terms have the meanings given. 
  1.17     (a)  [ELECTRONIC ACCESS DATA.] "Electronic access data" 
  1.18  means data created, collected, or maintained about a person's 
  1.19  access to a government entity's computer for the purpose of:  
  1.20     (1) gaining access to data or information; 
  1.21     (2) transferring data or information; or 
  1.22     (3) using government services. 
  1.23     (b)  [COOKIE.] "Cookie" means any data that a 
  1.24  government-operated computer electronically places on the 
  1.25  computer of a person who has gained access to a government 
  1.26  computer.  
  1.27     Subd. 2.  [CLASSIFICATION OF DATA.] Electronic access data 
  1.28  are private data on individuals or nonpublic data. 
  1.29     Subd. 3.  [NOTICE.] A government entity that creates, 
  2.1   collects, or maintains electronic access data or uses its 
  2.2   computer to install a cookie on a person's computer must inform 
  2.3   persons gaining access to the entity's computer of the creation, 
  2.4   collection, or maintenance of electronic access data or the 
  2.5   entity's use of cookies before requiring the person to provide 
  2.6   any data about the person to the government entity.  As part of 
  2.7   that notice, the government entity must inform the person how 
  2.8   the data will be used and disseminated, including the uses and 
  2.9   disseminations in subdivision 4. 
  2.10     Subd. 4.  [USE OF ELECTRONIC ACCESS DATA.] Electronic 
  2.11  access data may be disseminated: 
  2.12     (1) to the commissioner for the purpose of evaluating 
  2.13  electronic government services; 
  2.14     (2) to another government entity to prevent unlawful 
  2.15  intrusions into government electronic systems; or 
  2.16     (3) as otherwise provided by law. 
  2.17     Sec. 2.  Minnesota Statutes 2002, section 16C.06, is 
  2.18  amended by adding a subdivision to read: 
  2.19     Subd. 3a.  [INFORMATION IN BIDS AND PROPOSALS.] Data 
  2.20  relating to bids and proposals are governed by section 13.591. 
  2.21     Sec. 3.  Minnesota Statutes 2002, section 16C.10, 
  2.22  subdivision 7, is amended to read: 
  2.23     Subd. 7.  [REVERSE AUCTION.] (a) For the purpose of this 
  2.24  subdivision, "reverse auction" means a purchasing process in 
  2.25  which vendors compete to provide goods at the lowest selling 
  2.26  price in an open and interactive environment. 
  2.27     (b) The provisions of ~~section~~ sections 13.591, subdivision 
  2.28  3, and 16C.06, ~~subdivisions~~ subdivision 2 ~~and 3~~, do not apply 
  2.29  when the commissioner determines that a reverse auction is the 
  2.30  appropriate purchasing process. 
  2.31     Sec. 4.  Minnesota Statutes 2002, section 307.08, is 
  2.32  amended by adding a subdivision to read: 
  2.33     Subd. 11.  [BURIAL SITES DATA.] Burial sites locational and 
  2.34  related data maintained by the office of the state archaeologist 
  2.35  and accessible through the office's "Unplatted Burial Sites and 
  2.36  Earthworks in Minnesota" Web site are security information for 
  3.1   purposes of section 13.37.  Persons who gain access to the data 
  3.2   maintained on the site are subject to liability under section 
  3.3   13.08 and the penalty established by section 13.09 if they 
  3.4   improperly use or further disseminate the data. 
  3.5      Sec. 5.  [REPEALER.] 
  3.6      Minnesota Statutes 2002, sections 13.6401, subdivision 4; 
  3.7   Laws 2001, First Special Session chapter 10, article 2, section 
  3.8   40, are repealed.