1.1 	A bill for an act
1.2 	relating to data practices; amending certain temporary classification provisions; 
1.3 	classifying data; amending data privacy provisions;amending Minnesota Statutes 
1.4 	2006, sections 13.06, subdivisions 1, 3, 4, 5, by adding subdivisions; 13.601, 
1.5 	subdivision 3; 13.64; 13.72, subdivision 13; repealing Minnesota Statutes 2006, 
1.6 	section 13.06, subdivision 2; Minnesota Rules, part 1205.1800.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	ARTICLE 1
1.9 	TEMPORARY CLASSIFICATIONS

1.10 	Section 1. Minnesota Statutes 2006, section 13.06, subdivision 1, is amended to read:
1.11 		Subdivision 1.Application to commissioner. Notwithstanding the provisions 
1.12 	of section 13.03, the responsible authority of a government entity may apply to the 
1.13 	commissioner for permission to classify data or types of data on individuals as private 
1.14 	or confidential, or data not on individuals as nonpublic or protected nonpublic, for its 
1.15 	own use and for the use of other similar government entities on a temporary basis until 
1.16 	a proposed statute can be acted upon by the legislature. The application for temporary 
1.17 	classification is public.
1.18 	Upon the filing receipt by the commissioner of an application for temporary 
1.19 	classification, the data which is the subject of the application shall be deemed to be 
1.20 	classified as set forth in the application for a period of 45 days, or until the application is 
1.21 	disapproved, rejected, or granted by the commissioner, whichever is earlier.
1.22 	If the commissioner determines that an application has been submitted for purposes 
1.23 	not consistent with this section, the commissioner may immediately reject the application, 
1.24 	give notice of that rejection to the applicant, and return the application. When the 
1.25 	applicant receives the notice of rejection from the commissioner, the data which was the 
2.1 	subject of the application shall have the classification it had before the application was 
2.2 	submitted to the commissioner.

2.3 	Sec. 2. Minnesota Statutes 2006, section 13.06, subdivision 3, is amended to read:
2.4 		Subd. 3.Contents of application for nonpublic or nonpublic protected data.
 2.5 	An application for temporary classification of government data not on individuals shall 
2.6 	include and the applicant shall have the burden of clearly establishing that no statute 
2.7 	currently exists which either allows or forbids classification as nonpublic or protected 
2.8 	nonpublic not public; and either one or more of the following:
2.9 	(a) that data similar to that for which the temporary classification is sought has have
2.10 	been treated classified as nonpublic or protected nonpublic not public by other government 
2.11 	entities, and by the public; or
2.12 	(b) public access to the data would render unworkable a program authorized by 
2.13 	law; or and
2.14 	(c) that a compelling need exists for immediate temporary classification, which if not 
2.15 	granted could adversely affect the public interest, health, safety or, welfare of the public
2.16 	or data subject's well-being or reputation.

2.17 	Sec. 3. Minnesota Statutes 2006, section 13.06, subdivision 4, is amended to read:
2.18 		Subd. 4.Procedure when classification affects others. If the commissioner 
2.19 	determines that an application for temporary classification involves data which would 
2.20 	reasonably be classified in the same manner by all government entities similar to the 
2.21 	one which made the application, the commissioner may approve or disapprove the 
2.22 	classification for data of the kind which is the subject of the application for the use 
2.23 	of all government entities similar to the applicant. If requested in the application, the 
2.24 	commissioner may also determine how the data classification affects similar government 
2.25 	entities. On deeming this approach advisable, the commissioner shall provide notice of 
2.26 	the proposed action by publication in the State Register of the application on the Web site 
2.27 	of the Department of Administration's Information Policy Analysis Division within ten 
2.28 	business days of receiving the application. Within 30 days after publication in the State 
2.29 	Register on the division's Web site, an affected government entity or the public may 
2.30 	submit comments on the commissioner's proposal. The commissioner shall consider 
2.31 	any comments received when granting or denying a classification for data of the kind 
2.32 	which is the subject of the application, for the use of all government entities similar to 
2.33 	the applicant. Within 45 days after the close of the period for submitting comment, the 
2.34 	commissioner shall grant or disapprove the application. Applications processed under 
3.1 	this subdivision shall be either approved or disapproved by the commissioner within 90 
3.2 	days of the receipt of the application. For purposes of subdivision 1, the data which 
3.3 	is the subject of the classification shall be deemed to be classified as set forth in the 
3.4 	application for a period of 90 days, or until the application is disapproved or granted by 
3.5 	the commissioner, whichever is earlier. If requested in the application, or determined to be 
3.6 	necessary by the commissioner, the data in the application shall be so classified for all 
3.7 	government entities similar to the applicant until the application is disapproved or granted 
3.8 	by the commissioner, whichever is earlier. Proceedings after the grant or disapproval shall 
3.9 	be governed by the provisions of subdivision 5.

3.10 	Sec. 4. Minnesota Statutes 2006, section 13.06, is amended by adding a subdivision to 
3.11 	read:
3.12 		Subd. 4a.Withdrawal of application. Except when an application is processed 
3.13 	under subdivision 4, an application may be withdrawn by the responsible authority prior 
3.14 	to the grant or disapproval of the temporary classification by the commissioner. The 
3.15 	responsible authority shall notify the commissioner in writing of the entity's intent to 
3.16 	withdraw the application. The written withdrawal must state the reason the temporary 
3.17 	classification is no longer necessary and must be signed by the responsible authority.

3.18 	Sec. 5. Minnesota Statutes 2006, section 13.06, subdivision 5, is amended to read:
3.19 		Subd. 5.Determination. The commissioner shall either grant or disapprove 
3.20 	the application for temporary classification within 45 days after it is filed received by 
3.21 	the commissioner. On disapproving an application, the commissioner shall set forth 
3.22 	in detail reasons for the disapproval, and shall include a statement of belief as to what 
3.23 	classification is appropriate for the data which is the subject of the application. Twenty 
3.24 	days after the date of the responsible authority receives the commissioner's disapproval 
3.25 	of an application, the data which is the subject of the application shall become public 
3.26 	data, unless the responsible authority submits an amended application for temporary 
3.27 	classification which requests the classification deemed appropriate by the commissioner 
3.28 	in the statement of disapproval or which sets forth additional information relating to the 
3.29 	original proposed classification. Upon the filing of an amended application, the data 
3.30 	which is the subject of the amended application shall be deemed to be classified as set 
3.31 	forth in the amended application for a period of 20 days or until the amended application 
3.32 	is granted or disapproved by the commissioner, whichever is earlier. The commissioner 
3.33 	shall either grant or disapprove the amended application within 20 days after it is filed. 
3.34 	Five working days after the date of the responsible authority receives the commissioner's 
4.1 	disapproval of the amended application, the data which is the subject of the application 
4.2 	shall become public data. No more than one amended application may be submitted for 
4.3 	any single file or system.
4.4 	If the commissioner grants an application for temporary classification under this 
4.5 	section, it shall become effective immediately, and the complete record relating to the 
4.6 	application shall be submitted to the attorney general, who shall review the classification as 
4.7 	to form and legality. Within 25 days, the attorney general shall approve the classification, 
4.8 	disapprove a classification as confidential or protected nonpublic but approve a 
4.9 	classification as private or nonpublic, or disapprove the classification. If the attorney 
4.10 	general disapproves a classification, the data which is the subject of the classification shall 
4.11 	become public data five working days after the date of the attorney general's disapproval.

4.12 	Sec. 6. Minnesota Statutes 2006, section 13.06, is amended by adding a subdivision to 
4.13 	read:
4.14 		Subd. 6a.Data use and dissemination. A responsible authority may request 
4.15 	approval from the commissioner for a new or different use or dissemination of the data 
4.16 	as provided in section 13.05, subdivision 4, for any data temporarily classified under 
4.17 	this section.

4.18 	Sec. 7.  REPEALER.
 4.19 	(a) Minnesota Statutes 2006, section 13.06, subdivision 2, is repealed.
4.20 	(b) Minnesota Rules, part 1205.1800, is repealed.

4.21 	ARTICLE 2
4.22 	MISCELLANEOUS

4.23 	Section 1. Minnesota Statutes 2006, section 13.601, subdivision 3, is amended to read:
4.24 		Subd. 3.Applicants for election or appointment. Data on candidates for election 
4.25 	or applicants for appointment to boards, commissions, committees, task forces, advisory 
4.26 	groups, or other public bodies are private except that the following data on all applicants 
4.27 	for election or appointment to a public body, including those subject to chapter 13D, are 
4.28 	public: name, city of residence address, education and training, employment history, 
4.29 	volunteer work, awards and honors, and prior government service or experience.

4.30 	Sec. 2. Minnesota Statutes 2006, section 13.64, is amended to read:
4.31 	13.64 DEPARTMENT OF ADMINISTRATION DATA.
5.1 	(a) Notes and preliminary drafts of reports created, collected, or maintained by the 
5.2 	Management Analysis Division, Department of Administration, and prepared during 
5.3 	management studies, audits, reviews, consultations, or investigations are classified as 
5.4 	confidential or protected nonpublic data until the final report has been published or 
5.5 	preparation of the report is no longer being actively pursued.
5.6 	(b) Data that support the conclusions of the report and that the commissioner of 
5.7 	administration reasonably believes will result in litigation are confidential or protected 
5.8 	nonpublic until the litigation has been completed or until the litigation is no longer 
5.9 	being actively pursued.
5.10 	(c) Data on individuals that could reasonably be used to determine the identity of an 
5.11 	individual supplying data for a report are private if:
5.12 	(1) the data supplied by the individual were needed for a report; and
5.13 	(2) the data would not have been provided to the Management Analysis Division 
5.14 	without an assurance to the individual that the individual's identity would remain private, 
5.15 	or the Management Analysis Division reasonably believes that the individual would not 
5.16 	have provided the data.
5.17 	(d) Building plans, blueprints, and drawings of state-owned facilities and 
5.18 	nonstate-owned facilities leased by the state are classified as nonpublic data when 
5.19 	maintained by the Department of Administration and may be shared with anyone as 
5.20 	needed to perform duties of the commissioner.

5.21 	Sec. 3. Minnesota Statutes 2006, section 13.72, subdivision 13, is amended to read:
5.22 		Subd. 13.Account data. The following data pertaining to applicants for or users 
5.23 	of toll facilities, dynamic shoulder lanes, and high-occupancy vehicle lanes for which a 
5.24 	user fee is charged under section 160.93, are classified as nonpublic data with regard 
5.25 	to data not on individuals and as private data with regard to data on individuals: data 
5.26 	contained in applications for the purchase, lease, or rental of a device such as an electronic 
5.27 	vehicle transponder which automatically assesses charges for a vehicle's use of toll roads; 
5.28 	personal and vehicle identification data; financial and credit data; and toll road usage data. 
5.29 	Nothing in this subdivision prohibits the production of summary data as defined in section 
5.30 	13.02, subdivision 19. For purposes of this subdivision, "dynamic shoulder lane" means 
5.31 	the shoulders of a freeway on which the commissioner of transportation may allow the 
5.32 	operation of vehicles during certain periods.