1.1 	A bill for an act
1.2 	relating to government data practices; making
1.3 	technical, conforming, and clarifying changes to the
1.4 	Minnesota Government Data Practices Act; amending
1.5 	Minnesota Statutes 2004, sections 13.01, subdivisions
1.6 	1, 3; 13.02, subdivision 7; 13.03, subdivisions 1, 2,
1.7 	3, 4, 5, 6, 8; 13.04, subdivisions 2, 4; 13.05,
1.8 	subdivisions 1, 4, 6, 7, 8, 9; 13.06, subdivisions 1,
1.9 	2, 3, 4; 13.07; 13.072, subdivision 4; 13.073,
1.10 	subdivision 3; 13.08, subdivisions 1, 2, 5; 13.32, by
1.11 	adding a subdivision; 13.82, subdivision 16; repealing
1.12 	Minnesota Statutes 2004, section 13.04, subdivision 5.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	Section 1. Minnesota Statutes 2004, section 13.01,
1.15 	subdivision 1, is amended to read:
1.16 		Subdivision 1.Applicability.  All state agencies,
1.17 	political subdivisions and statewide systems government entities 
1.18 	shall be governed by this chapter.

1.19 	Sec. 2. Minnesota Statutes 2004, section 13.01,
1.20 	subdivision 3, is amended to read:
1.21 		Subd. 3.Scope.  This chapter regulates the collection,
1.22 	creation, storage, maintenance, dissemination, and access to
1.23 	government data in state agencies, statewide systems, and
1.24 	political subdivisions government entities.  It establishes a
1.25 	presumption that government data are public and are accessible
1.26 	by the public for both inspection and copying unless there is
1.27 	federal law, a state statute, or a temporary classification of
1.28 	data that provides that certain data are not public.

1.29 	Sec. 3. Minnesota Statutes 2004, section 13.02,
2.1 	subdivision 7, is amended to read:
2.2 		Subd. 7.Government data.  "Government data" means all
2.3 	data collected, created, received, maintained or disseminated by
2.4 	any state agency, political subdivision, or statewide
2.5 	system government entity regardless of its physical form,
2.6 	storage media or conditions of use.

2.7 	Sec. 4. Minnesota Statutes 2004, section 13.03,
2.8 	subdivision 1, is amended to read:
2.9 		Subdivision 1.Public data.  All government data
2.10 	collected, created, received, maintained or disseminated by a
2.11 	state agency, political subdivision, or statewide
2.12 	system government entity shall be public unless classified by
2.13 	statute, or temporary classification pursuant to section 13.06,
2.14 	or federal law, as nonpublic or protected nonpublic, or with
2.15 	respect to data on individuals, as private or confidential. The
2.16 	responsible authority in every state agency, political
2.17 	subdivision and statewide system government entity shall keep
2.18 	records containing government data in such an arrangement and
2.19 	condition as to make them easily accessible for convenient use.
2.20 	Photographic, photostatic, microphotographic, or microfilmed
2.21 	records shall be considered as accessible for convenient use
2.22 	regardless of the size of such records.

2.23 	Sec. 5. Minnesota Statutes 2004, section 13.03,
2.24 	subdivision 2, is amended to read:
2.25 		Subd. 2.Procedures.  (a) The responsible authority in
2.26 	every state agency, political subdivision, and statewide
2.27 	system government entity shall establish procedures, consistent
2.28 	with this chapter, to insure that requests for government data
2.29 	are received and complied with in an appropriate and prompt
2.30 	manner.
2.31 	(b) The responsible authority shall prepare public access
2.32 	procedures in written form and update them no later than August
2.33 	1 of each year as necessary to reflect any changes in personnel
2.34 	or circumstances that might affect public access to government
2.35 	data.  The responsible authority shall make copies of the
2.36 	written public access procedures easily available to the public
3.1 	by distributing free copies of the procedures to the public or
3.2 	by posting a copy of the procedures in a conspicuous place
3.3 	within the government entity that is easily accessible to the
3.4 	public.
3.5 	(c) Full convenience and comprehensive accessibility shall
3.6 	be allowed to researchers including historians, genealogists and
3.7 	other scholars to carry out extensive research and complete
3.8 	copying of all records containing government data except as
3.9 	otherwise expressly provided by law.
3.10 	A responsible authority may designate one or more designees.

3.11 	Sec. 6. Minnesota Statutes 2004, section 13.03,
3.12 	subdivision 3, is amended to read:
3.13 		Subd. 3.Request for access to data.  (a) Upon request to
3.14 	a responsible authority or designee, a person shall be permitted
3.15 	to inspect and copy public government data at reasonable times
3.16 	and places, and, upon request, shall be informed of the data's
3.17 	meaning.  If a person requests access for the purpose of
3.18 	inspection, the responsible authority may not assess a charge or
3.19 	require the requesting person to pay a fee to inspect data.
3.20 	(b) For purposes of this section, "inspection" includes,
3.21 	but is not limited to, the visual inspection of paper and
3.22 	similar types of government data.  Inspection does not include
3.23 	printing copies by the government entity, unless printing a copy
3.24 	is the only method to provide for inspection of the data.  In
3.25 	the case of data stored in electronic form and made available in
3.26 	electronic form on a remote access basis to the public by the
3.27 	government entity, inspection includes remote access to the data
3.28 	by the public and the ability to print copies of or download the
3.29 	data on the public's own computer equipment.  Nothing in this
3.30 	section prohibits a government entity from charging a reasonable
3.31 	fee for remote access to data under a specific statutory grant
3.32 	of authority.  A government entity may charge a fee for remote
3.33 	access to data where either the data or the access is enhanced
3.34 	at the request of the person seeking access.
3.35 	(c) The responsible authority or designee shall provide
3.36 	copies of public data upon request.  If a person requests copies
4.1 	or electronic transmittal of the data to the person, the
4.2 	responsible authority may require the requesting person to pay
4.3 	the actual costs of searching for and retrieving government
4.4 	data, including the cost of employee time, and for making,
4.5 	certifying, compiling, and electronically transmitting the
4.6 	copies of the data or the data, but may not charge for
4.7 	separating public from not public data.  If the responsible
4.8 	authority or designee is not able to provide copies at the time
4.9 	a request is made, copies shall be supplied as soon as
4.10 	reasonably possible.
4.11 	(d) When a request under this subdivision involves any
4.12 	person's receipt of copies of public government data that has
4.13 	commercial value and is a substantial and discrete portion of or
4.14 	an entire formula, pattern, compilation, program, device,
4.15 	method, technique, process, database, or system developed with a
4.16 	significant expenditure of public funds by the agency government
4.17 	entity, the responsible authority may charge a reasonable fee
4.18 	for the information in addition to the costs of making,
4.19 	certifying, and compiling the copies.  Any fee charged must be
4.20 	clearly demonstrated by the agency government entity to relate
4.21 	to the actual development costs of the information.  The
4.22 	responsible authority, upon the request of any person, shall
4.23 	provide sufficient documentation to explain and justify the fee
4.24 	being charged.
4.25 	(e) The responsible authority of a state agency, statewide
4.26 	system, or political subdivision government entity that
4.27 	maintains public government data in a computer storage medium
4.28 	shall provide to any person making a request under this section
4.29 	a copy of any public data contained in that medium, in
4.30 	electronic form, if the government entity can reasonably make
4.31 	the copy or have a copy made.  This does not require a
4.32 	government entity to provide the data in an electronic format or
4.33 	program that is different from the format or program in which
4.34 	the data are maintained by the government entity.  The entity
4.35 	may require the requesting person to pay the actual cost of
4.36 	providing the copy.
5.1 	(f) If the responsible authority or designee determines
5.2 	that the requested data is classified so as to deny the
5.3 	requesting person access, the responsible authority or designee
5.4 	shall inform the requesting person of the determination either
5.5 	orally at the time of the request, or in writing as soon after
5.6 	that time as possible, and shall cite the specific statutory
5.7 	section, temporary classification, or specific provision of
5.8 	federal law on which the determination is based.  Upon the
5.9 	request of any person denied access to data, the responsible
5.10 	authority or designee shall certify in writing that the request
5.11 	has been denied and cite the specific statutory section,
5.12 	temporary classification, or specific provision of federal law
5.13 	upon which the denial was based.

5.14 	Sec. 7. Minnesota Statutes 2004, section 13.03,
5.15 	subdivision 4, is amended to read:
5.16 		Subd. 4.Change in classification of data; effect of
5.17 	dissemination among agencies.  (a) The classification of data in
5.18 	the possession of an agency entity shall change if it is
5.19 	required to do so to comply with either judicial or
5.20 	administrative rules pertaining to the conduct of legal actions
5.21 	or with a specific statute applicable to the data in the
5.22 	possession of the disseminating or receiving agency entity.
5.23 	(b) If data on individuals is classified as both private
5.24 	and confidential by this chapter, or any other statute or
5.25 	federal law, the data is private.
5.26 	(c) To the extent that government data is disseminated to
5.27 	state agencies, political subdivisions, or statewide systems a
5.28 	government entity by another state agency, political
5.29 	subdivision, or statewide system government entity, the data
5.30 	disseminated shall have the same classification in the hands of
5.31 	the agency entity receiving it as it had in the hands of the
5.32 	entity providing it.
5.33 	(d) If a state agency, statewide system, or political
5.34 	subdivision government entity disseminates data to another state
5.35 	agency, statewide system, or political subdivision government
5.36 	entity, a classification provided for by law in the hands of the
6.1 	entity receiving the data does not affect the classification of
6.2 	the data in the hands of the entity that disseminates the data.

6.3 	Sec. 8. Minnesota Statutes 2004, section 13.03,
6.4 	subdivision 5, is amended to read:
6.5 		Subd. 5.Copyright or patent of government data.  A state
6.6 	agency, statewide system, or political subdivision government
6.7 	entity may enforce a copyright or acquire a patent for a
6.8 	computer software program or components of a program created by
6.9 	that government agency entity without statutory authority.  In
6.10 	the event that a government agency entity acquires a patent to a
6.11 	computer software program or component of a program, the data
6.12 	shall be treated as trade secret information pursuant to section
6.13 	13.37.

6.14 	Sec. 9. Minnesota Statutes 2004, section 13.03,
6.15 	subdivision 6, is amended to read:
6.16 		Subd. 6.Discoverability of not public data.  If a state
6.17 	agency, political subdivision, or statewide system government
6.18 	entity opposes discovery of government data or release of data
6.19 	pursuant to court order on the grounds that the data are
6.20 	classified as not public, the party that seeks access to the
6.21 	data may bring before the appropriate presiding judicial
6.22 	officer, arbitrator, or administrative law judge an action to
6.23 	compel discovery or an action in the nature of an action to
6.24 	compel discovery.
6.25 	The presiding officer shall first decide whether the data
6.26 	are discoverable or releasable pursuant to the rules of evidence
6.27 	and of criminal, civil, or administrative procedure appropriate
6.28 	to the action.
6.29 	If the data are discoverable the presiding officer shall
6.30 	decide whether the benefit to the party seeking access to the
6.31 	data outweighs any harm to the confidentiality interests of the
6.32 	agency entity maintaining the data, or of any person who has
6.33 	provided the data or who is the subject of the data, or to the
6.34 	privacy interest of an individual identified in the data.  In
6.35 	making the decision, the presiding officer shall consider
6.36 	whether notice to the subject of the data is warranted and, if
7.1 	warranted, what type of notice must be given.  The presiding
7.2 	officer may fashion and issue any protective orders necessary to
7.3 	assure proper handling of the data by the parties.  If the data
7.4 	are a videotape of a child victim or alleged victim alleging,
7.5 	explaining, denying, or describing an act of physical or sexual
7.6 	abuse, the presiding officer shall consider the provisions of
7.7 	section 611A.90, subdivision 2, paragraph (b).

7.8 	Sec. 10. Minnesota Statutes 2004, section 13.03,
7.9 	subdivision 8, is amended to read:
7.10 		Subd. 8.Change to classification of data not on
7.11 	individuals.  Except for security information, nonpublic and
7.12 	protected nonpublic data shall become public either ten years
7.13 	after the creation of the data by the government agency entity 
7.14 	or ten years after the data was received or collected by any
7.15 	governmental agency entity unless the responsible authority for
7.16 	the originating or custodial agency entity for the data
7.17 	reasonably determines that, if the data were made available to
7.18 	the public or to the data subject, the harm to the public or to
7.19 	a data subject would outweigh the benefit to the public or to
7.20 	the data subject.  If the responsible authority denies access to
7.21 	the data, the person denied access may challenge the denial by
7.22 	bringing an action in district court seeking release of the
7.23 	data.  The action shall be brought in the district court located
7.24 	in the county where the data are being maintained, or, in the
7.25 	case of data maintained by a state agency, in any county.  The
7.26 	data in dispute shall be examined by the court in camera.  In
7.27 	deciding whether or not to release the data, the court shall
7.28 	consider the benefits and harms in the same manner as set forth
7.29 	above.  The court shall make a written statement of findings in
7.30 	support of its decision.

7.31 	Sec. 11. Minnesota Statutes 2004, section 13.04,
7.32 	subdivision 2, is amended to read:
7.33 		Subd. 2.Information required to be given individual.  An
7.34 	individual asked to supply private or confidential data
7.35 	concerning the individual shall be informed of:  (a) the purpose
7.36 	and intended use of the requested data within the collecting
8.1 	state agency, political subdivision, or statewide
8.2 	system government entity; (b) whether the individual may refuse
8.3 	or is legally required to supply the requested data; (c) any
8.4 	known consequence arising from supplying or refusing to supply
8.5 	private or confidential data; and (d) the identity of other
8.6 	persons or entities authorized by state or federal law to
8.7 	receive the data.  This requirement shall not apply when an
8.8 	individual is asked to supply investigative data, pursuant to
8.9 	section 13.82, subdivision 7, to a law enforcement officer.

8.10 	Sec. 12. Minnesota Statutes 2004, section 13.04,
8.11 	subdivision 4, is amended to read:
8.12 		Subd. 4.Procedure when data is not accurate or
8.13 	complete.  (a) An individual subject of the data may contest the
8.14 	accuracy or completeness of public or private data.  To exercise
8.15 	this right, an individual shall notify in writing the
8.16 	responsible authority describing the nature of the
8.17 	disagreement.  The responsible authority shall within 30 days
8.18 	either:  (1) correct the data found to be inaccurate or
8.19 	incomplete and attempt to notify past recipients of inaccurate
8.20 	or incomplete data, including recipients named by the
8.21 	individual; or (2) notify the individual that the authority
8.22 	believes the data to be correct.  Data in dispute shall be
8.23 	disclosed only if the individual's statement of disagreement is
8.24 	included with the disclosed data.
8.25 	The determination of the responsible authority may be
8.26 	appealed pursuant to the provisions of the Administrative
8.27 	Procedure Act relating to contested cases.  Upon receipt of an
8.28 	appeal by an individual, the commissioner shall, before issuing
8.29 	the order and notice of a contested case hearing required by
8.30 	chapter 14, try to resolve the dispute through education,
8.31 	conference, conciliation, or persuasion.  If the parties
8.32 	consent, the commissioner may refer the matter to mediation.
8.33 	Following these efforts, the commissioner shall dismiss the
8.34 	appeal or issue the order and notice of hearing.
8.35 	(b) Data on individuals that have been successfully
8.36 	challenged by an individual must be completed, corrected, or
9.1 	destroyed by a state agency, political subdivision, or statewide
9.2 	system without regard to the requirements of section 138.17.
9.3 	After completing, correcting, or destroying successfully
9.4 	challenged data, a state agency, political subdivision, or
9.5 	statewide system government entity may retain a copy of the
9.6 	commissioner of administration's order issued under chapter 14
9.7 	or, if no order were issued, a summary of the dispute between
9.8 	the parties that does not contain any particulars of the
9.9 	successfully challenged data.

9.10 	Sec. 13. Minnesota Statutes 2004, section 13.05,
9.11 	subdivision 1, is amended to read:
9.12 		Subdivision 1.Public document of data categories.  The
9.13 	responsible authority shall prepare a public document containing
9.14 	the authority's name, title and address, and a description of
9.15 	each category of record, file, or process relating to private or
9.16 	confidential data on individuals maintained by the
9.17 	authority's state agency, statewide system, or political
9.18 	subdivision government entity.  Forms used to collect private
9.19 	and confidential data shall be included in the public document.
9.20 	Beginning August 1, 1977 and annually thereafter, the
9.21 	responsible authority shall update the public document and make
9.22 	any changes necessary to maintain the accuracy of the document.
9.23 	The document shall be available from the responsible authority
9.24 	to the public in accordance with the provisions of sections
9.25 	13.03 and 15.17.

9.26 	Sec. 14. Minnesota Statutes 2004, section 13.05,
9.27 	subdivision 4, is amended to read:
9.28 		Subd. 4.Limitations on collection and use of data.
 9.29 	Private or confidential data on an individual shall not be
9.30 	collected, stored, used, or disseminated by political
9.31 	subdivisions, statewide systems, or state agencies government
9.32 	entities for any purposes other than those stated to the
9.33 	individual at the time of collection in accordance with section
9.34 	13.04, except as provided in this subdivision.
9.35 	(a) Data collected prior to August 1, 1975, and which have
9.36 	not been treated as public data, may be used, stored, and
10.1 	disseminated for the purposes for which the data was originally
10.2 	collected or for purposes which are specifically approved by the
10.3 	commissioner as necessary to public health, safety, or welfare.
10.4 	(b) Private or confidential data may be used and
10.5 	disseminated to individuals or agencies entities specifically
10.6 	authorized access to that data by state, local, or federal law
10.7 	enacted or promulgated after the collection of the data.
10.8 	(c) Private or confidential data may be used and
10.9 	disseminated to individuals or agencies entities subsequent to
10.10 	the collection of the data when the responsible authority
10.11 	maintaining the data has requested approval for a new or
10.12 	different use or dissemination of the data and that request has
10.13 	been specifically approved by the commissioner as necessary to
10.14 	carry out a function assigned by law.
10.15 	(d) Private data may be used by and disseminated to any
10.16 	person or agency entity if the individual subject or subjects of
10.17 	the data have given their informed consent.  Whether a data
10.18 	subject has given informed consent shall be determined by rules
10.19 	of the commissioner.  The format for informed consent is as
10.20 	follows, unless otherwise prescribed by the HIPAA, Standards for
10.21 	Privacy of Individually Identifiable Health Information, 65 Fed.
10.22 	Reg. 82, 461 (2000) (to be codified as Code of Federal
10.23 	Regulations, title 45, section 164):  informed consent shall not
10.24 	be deemed to have been given by an individual subject of the
10.25 	data by the signing of any statement authorizing any person
10.26 	or agency entity to disclose information about the individual to
10.27 	an insurer or its authorized representative, unless the
10.28 	statement is:
10.29 	(1) in plain language;
10.30 	(2) dated;
10.31 	(3) specific in designating the particular persons or
10.32 	agencies the data subject is authorizing to disclose information
10.33 	about the data subject;
10.34 	(4) specific as to the nature of the information the
10.35 	subject is authorizing to be disclosed;
10.36 	(5) specific as to the persons or agencies entities to whom
11.1 	the subject is authorizing information to be disclosed;
11.2 	(6) specific as to the purpose or purposes for which the
11.3 	information may be used by any of the parties named in clause
11.4 	(5), both at the time of the disclosure and at any time in the
11.5 	future;
11.6 	(7) specific as to its expiration date which should be
11.7 	within a reasonable period of time, not to exceed one year
11.8 	except in the case of authorizations given in connection with
11.9 	applications for (i) life insurance or noncancelable or
11.10 	guaranteed renewable health insurance and identified as such,
11.11 	two years after the date of the policy or (ii) medical
11.12 	assistance under chapter 256B or MinnesotaCare under chapter
11.13 	256L, which shall be ongoing during all terms of eligibility,
11.14 	for individual education plan health-related services provided
11.15 	by a school district under section 125A.21, subdivision 2.
11.16 	The responsible authority may require a person requesting
11.17 	copies of data under this paragraph to pay the actual costs of
11.18 	making, certifying, and compiling the copies.
11.19 	(e) Private or confidential data on an individual may be
11.20 	discussed at a meeting open to the public to the extent provided
11.21 	in section 13D.05.

11.22 	Sec. 15. Minnesota Statutes 2004, section 13.05,
11.23 	subdivision 6, is amended to read:
11.24 		Subd. 6.Contracts.  Except as provided in section 13.46,
11.25 	subdivision 5, in any contract between a governmental
11.26 	unit government entity subject to this chapter and any person,
11.27 	when the contract requires that data on individuals be made
11.28 	available to the contracting parties by the governmental unit 
11.29 	government entity, that data shall be administered consistent
11.30 	with this chapter.  A contracting party shall maintain the data
11.31 	on individuals which it received according to the statutory
11.32 	provisions applicable to the data.

11.33 	Sec. 16. Minnesota Statutes 2004, section 13.05,
11.34 	subdivision 7, is amended to read:
11.35 		Subd. 7.Preparation of summary data.  The use of summary
11.36 	data derived from private or confidential data on individuals
12.1 	under the jurisdiction of one or more responsible authorities is
12.2 	permitted.  Unless classified pursuant to section 13.06, another
12.3 	statute, or federal law, summary data is public.  The
12.4 	responsible authority shall prepare summary data from private or
12.5 	confidential data on individuals upon the request of any person
12.6 	if the request is in writing and the cost of preparing the
12.7 	summary data is borne by the requesting person.  The responsible
12.8 	authority may delegate the power to prepare summary data (1) to
12.9 	the administrative officer responsible for any central
12.10 	repository of summary data; or (2) to a person outside of its
12.11 	agency the entity if the person's purpose is set forth, in
12.12 	writing, and the person agrees not to disclose, and the
12.13 	agency entity reasonably determines that the access will not
12.14 	compromise private or confidential data on individuals.

12.15 	Sec. 17. Minnesota Statutes 2004, section 13.05,
12.16 	subdivision 8, is amended to read:
12.17 		Subd. 8.Publication of access procedures.  The
12.18 	responsible authority shall prepare a public document setting
12.19 	forth in writing the rights of the data subject pursuant to
12.20 	section 13.04 and the specific procedures in effect in the state
12.21 	agency, statewide system or political subdivision government
12.22 	entity for access by the data subject to public or private data
12.23 	on individuals.

12.24 	Sec. 18. Minnesota Statutes 2004, section 13.05,
12.25 	subdivision 9, is amended to read:
12.26 		Subd. 9.Intergovernmental access of data.  A responsible
12.27 	authority shall allow another responsible authority access to
12.28 	data classified as not public only when the access is authorized
12.29 	or required by statute or federal law.  An agency entity that
12.30 	supplies government data under this subdivision may require the
12.31 	requesting agency entity to pay the actual cost of supplying the
12.32 	data.

12.33 	Sec. 19. Minnesota Statutes 2004, section 13.06,
12.34 	subdivision 1, is amended to read:
12.35 		Subdivision 1.Application to commissioner.
 12.36 	Notwithstanding the provisions of section 13.03, the responsible
13.1 	authority of a state agency, political subdivision, or statewide
13.2 	system government entity may apply to the commissioner for
13.3 	permission to classify data or types of data on individuals as
13.4 	private or confidential, or data not on individuals as nonpublic
13.5 	or protected nonpublic, for its own use and for the use of other
13.6 	similar agencies, political subdivisions, or statewide
13.7 	systems government entities on a temporary basis until a
13.8 	proposed statute can be acted upon by the legislature.  The
13.9 	application for temporary classification is public.
13.10 	Upon the filing of an application for temporary
13.11 	classification, the data which is the subject of the application
13.12 	shall be deemed to be classified as set forth in the application
13.13 	for a period of 45 days, or until the application is
13.14 	disapproved, rejected, or granted by the commissioner, whichever
13.15 	is earlier.
13.16 	If the commissioner determines that an application has been
13.17 	submitted for purposes not consistent with this section, the
13.18 	commissioner may immediately reject the application, give notice
13.19 	of that rejection to the applicant, and return the application.
13.20 	When the applicant receives the notice of rejection from the
13.21 	commissioner, the data which was the subject of the application
13.22 	shall have the classification it had before the application was
13.23 	submitted to the commissioner.

13.24 	Sec. 20. Minnesota Statutes 2004, section 13.06,
13.25 	subdivision 2, is amended to read:
13.26 		Subd. 2.Contents of application for private or
13.27 	confidential data.  An application for temporary classification
13.28 	of data on individuals shall include and the applicant shall
13.29 	have the burden of clearly establishing that no statute
13.30 	currently exists which either allows or forbids classification
13.31 	as private or confidential; and either
13.32 	(a) that data similar to that for which the temporary
13.33 	classification is sought has been treated as either private or
13.34 	confidential by other state agencies or political
13.35 	subdivisions government entities, and by the public; or
13.36 	(b) that a compelling need exists for immediate temporary
14.1 	classification, which if not granted could adversely affect the
14.2 	public interest or the health, safety, well being or reputation
14.3 	of the data subject.

14.4 	Sec. 21. Minnesota Statutes 2004, section 13.06,
14.5 	subdivision 3, is amended to read:
14.6 		Subd. 3.Contents of application for nonpublic or
14.7 	nonpublic protected data.  An application for temporary
14.8 	classification of government data not on individuals shall
14.9 	include and the applicant shall have the burden of clearly
14.10 	establishing that no statute currently exists which either
14.11 	allows or forbids classification as nonpublic or protected
14.12 	nonpublic; and either
14.13 	(a) that data similar to that for which the temporary
14.14 	classification is sought has been treated as nonpublic or
14.15 	protected nonpublic by other state agencies or political
14.16 	subdivisions government entities, and by the public; or
14.17 	(b) public access to the data would render unworkable a
14.18 	program authorized by law; or
14.19 	(c) that a compelling need exists for immediate temporary
14.20 	classification, which if not granted could adversely affect the
14.21 	health, safety or welfare of the public.

14.22 	Sec. 22. Minnesota Statutes 2004, section 13.06,
14.23 	subdivision 4, is amended to read:
14.24 		Subd. 4.Procedure when classification affects others.
 14.25 	If the commissioner determines that an application for temporary
14.26 	classification involves data which would reasonably be
14.27 	classified in the same manner by all agencies, political
14.28 	subdivisions, or statewide systems government entities similar
14.29 	to the one which made the application, the commissioner may
14.30 	approve or disapprove the classification for data of the kind
14.31 	which is the subject of the application for the use of
14.32 	all agencies, political subdivisions, or statewide
14.33 	systems government entities similar to the applicant.  On
14.34 	deeming this approach advisable, the commissioner shall provide
14.35 	notice of the proposed action by publication in the State
14.36 	Register within ten days of receiving the application.  Within
15.1 	30 days after publication in the State Register an
15.2 	affected agency, political subdivision,government entity or the
15.3 	public, or statewide system may submit comments on the
15.4 	commissioner's proposal.  The commissioner shall consider any
15.5 	comments received when granting or denying a classification for
15.6 	data of the kind which is the subject of the application, for
15.7 	the use of all agencies, political subdivisions, or statewide
15.8 	systems government entities similar to the applicant.  Within 45
15.9 	days after the close of the period for submitting comment, the
15.10 	commissioner shall grant or disapprove the application.
15.11 	Applications processed under this subdivision shall be either
15.12 	approved or disapproved by the commissioner within 90 days of
15.13 	the receipt of the application.  For purposes of subdivision 1,
15.14 	the data which is the subject of the classification shall be
15.15 	deemed to be classified as set forth in the application for a
15.16 	period of 90 days, or until the application is disapproved or
15.17 	granted by the commissioner, whichever is earlier.  If requested
15.18 	in the application, or determined to be necessary by the
15.19 	commissioner, the data in the application shall be so classified
15.20 	for all agencies, political subdivisions, or statewide
15.21 	systems government entities similar to the applicant until the
15.22 	application is disapproved or granted by the commissioner,
15.23 	whichever is earlier.  Proceedings after the grant or
15.24 	disapproval shall be governed by the provisions of subdivision 5.

15.25 	Sec. 23. Minnesota Statutes 2004, section 13.07, is
15.26 	amended to read:
15.27 	13.07 DUTIES OF THE COMMISSIONER.
15.28 	The commissioner shall promulgate rules, in accordance with
15.29 	the rulemaking procedures in the Administrative Procedure Act
15.30 	which shall apply to state agencies, statewide systems and
15.31 	political subdivisions government entities to implement the
15.32 	enforcement and administration of this chapter.  The rules shall
15.33 	not affect section 13.04, relating to rights of subjects of
15.34 	data.  Prior to the adoption of rules authorized by this section
15.35 	the commissioner shall give notice to all state agencies and
15.36 	political subdivisions in the same manner and in addition to
16.1 	other parties as required by section 14.06 of the date and place
16.2 	of hearing, enclosing a copy of the rules to be adopted.

16.3 	Sec. 24. Minnesota Statutes 2004, section 13.072,
16.4 	subdivision 4, is amended to read:
16.5 		Subd. 4.Data submitted to commissioner.  A state agency,
16.6 	statewide system, or political subdivision government entity may
16.7 	submit not public data to the commissioner for the purpose of
16.8 	requesting or responding to a person's request for an opinion.
16.9 	Government data submitted to the commissioner by a state agency,
16.10 	statewide system, or political subdivision government entity or
16.11 	copies of government data submitted by other persons have the
16.12 	same classification as the data have when held by the state
16.13 	agency, statewide system, or political subdivision government
16.14 	entity.  If the nature of the opinion is such that the release
16.15 	of the opinion would reveal not public data, the commissioner
16.16 	may issue an opinion using pseudonyms for individuals.  Data
16.17 	maintained by the commissioner, in the record of an opinion
16.18 	issued using pseudonyms that would reveal the identities of
16.19 	individuals protected by the use of the pseudonyms, are private
16.20 	data on individuals.

16.21 	Sec. 25. Minnesota Statutes 2004, section 13.073,
16.22 	subdivision 3, is amended to read:
16.23 		Subd. 3.Basic training.  The basic training component
16.24 	should be designed to meet the basic information policy needs of
16.25 	all government employees and public officials with a focus on
16.26 	key data practices laws and procedures that apply to all
16.27 	government entities.  The commissioner should design the basic
16.28 	training component in a manner that minimizes duplication of the
16.29 	effort and cost for government entities to provide basic
16.30 	training.  The commissioner may develop general programs and
16.31 	materials for basic training such as video presentations, data
16.32 	practices booklets, and training guides.  The commissioner may
16.33 	assist state and local government agencies entities in
16.34 	developing training expertise within their own agencies entities 
16.35 	and offer assistance for periodic training sessions for this
16.36 	purpose.

17.1 	Sec. 26. Minnesota Statutes 2004, section 13.08,
17.2 	subdivision 1, is amended to read:
17.3 		Subdivision 1.Action for damages.  Notwithstanding
17.4 	section 466.03, a political subdivision,responsible authority,
17.5 	statewide system,or state agency government entity which
17.6 	violates any provision of this chapter is liable to a person or
17.7 	representative of a decedent who suffers any damage as a result
17.8 	of the violation, and the person damaged or a representative in
17.9 	the case of private data on decedents or confidential data on
17.10 	decedents may bring an action against the political subdivision,
17.11 	responsible authority, statewide system or state agency 
17.12 	government entity to cover any damages sustained, plus costs and
17.13 	reasonable attorney fees.  In the case of a willful violation,
17.14 	the political subdivision, statewide system or state
17.15 	agency government entity shall, in addition, be liable to
17.16 	exemplary damages of not less than $100, nor more than $10,000
17.17 	for each violation.  The state is deemed to have waived any
17.18 	immunity to a cause of action brought under this chapter.

17.19 	Sec. 27. Minnesota Statutes 2004, section 13.08,
17.20 	subdivision 2, is amended to read:
17.21 		Subd. 2.Injunction.  A political subdivision,
17.22 	responsible authority, statewide system or state agency 
17.23 	government entity which violates or proposes to violate this
17.24 	chapter may be enjoined by the district court.  The court may
17.25 	make any order or judgment as may be necessary to prevent the
17.26 	use or employment by any person of any practices which violate
17.27 	this chapter.

17.28 	Sec. 28. Minnesota Statutes 2004, section 13.08,
17.29 	subdivision 5, is amended to read:
17.30 		Subd. 5.Immunity from liability.  A state agency,
17.31 	statewide system, political subdivision,government entity or
17.32 	person that releases not public data pursuant to an order under
17.33 	section 13.03, subdivision 6 is immune from civil and criminal
17.34 	liability.

17.35 	Sec. 29. Minnesota Statutes 2004, section 13.32, is
17.36 	amended by adding a subdivision to read:
18.1 		Subd. 10.Education records; child with disability.
 18.2 	Nothing in this chapter shall be construed as limiting the
18.3 	frequency of inspection of the educational records of a child
18.4 	with a disability by the child's parent or guardian or by the
18.5 	child upon the child reaching the age of majority.  An agency or
18.6 	institution may not charge a fee to search for or to retrieve
18.7 	the educational records.  An agency or institution that receives
18.8 	a request for copies of the educational records of a child with
18.9 	a disability may charge a fee that reflects the costs of
18.10 	reproducing the records except when to do so would impair the
18.11 	ability of the child's parent or guardian, or the child who has
18.12 	reached the age of majority, to exercise their right to inspect
18.13 	and review those records.

18.14 	Sec. 30. Minnesota Statutes 2004, section 13.82,
18.15 	subdivision 16, is amended to read:
18.16 		Subd. 16.Public access.  When data is classified as
18.17 	public under this section, a law enforcement agency shall not be
18.18 	required to make the actual physical data available to the
18.19 	public if it is not administratively feasible to segregate the
18.20 	public data from the confidential not public.  However, the
18.21 	agency must make the information described as public data
18.22 	available to the public in a reasonable manner.  When
18.23 	investigative data becomes inactive, as described in subdivision
18.24 	7, the actual physical data associated with that investigation,
18.25 	including the public data, shall be available for public access.

18.26 	Sec. 31. REPEALER.
 18.27 	Minnesota Statutes 2004, section 13.04, subdivision 5, is
18.28 	repealed.