Minnesota Legislature
SF 1614
1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:09pm
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A bill for an act
relating to government data practices; making changes to reflect the prior expiration
of the Legislative Commission on Data Practices and Personal Data Privacy;
amending Minnesota Statutes 2020, sections 13.824, subdivision 6; 13.825,
subdivision 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 13.824, subdivision 6, is amended to read:
Subd. 6.
Biennial audit.
(a) In addition to the log required under subdivision 5, the law
enforcement agency must maintain records showing the date and time automated license
plate reader data were collected and the applicable classification of the data. The law
enforcement agency shall arrange for an independent, biennial audit of the records to
determine whether data currently in the records are classified, how the data are used, whether
they are destroyed as required under this section, and to verify compliance with subdivision
7. If the commissioner of administration believes that a law enforcement agency is not
complying with this section or other applicable law, the commissioner may order a law
enforcement agency to arrange for additional independent audits. Data in the records required
under this paragraph are classified as provided in subdivision 2.
(b) The results of the audit are public. The commissioner of administration shall review
the results of the audit. If the commissioner determines that there is a pattern of substantial
noncompliance with this section by the law enforcement agency, the agency must
immediately suspend operation of all automated license plate reader devices until the
commissioner has authorized the agency to reinstate their use. An order of suspension under
this paragraph may be issued by the commissioner, upon review of the results of the audit,
review of the applicable provisions of this chapter, and after providing the agency a
reasonable opportunity to respond to the audit's findings.
(c) A report summarizing the results of each audit must be provided to the commissioner
of administration, to the deleted text begin chairdeleted text end new text begin chairsnew text end and ranking minority members of the committees of
the house of representatives and the senate with jurisdiction over data practices and public
safety issues, and to the Legislative Commission on Data Practices and Personal Data Privacy
no later than 30 days following completion of the audit.
Sec. 2.
Minnesota Statutes 2020, section 13.825, subdivision 9, is amended to read:
Subd. 9.
Biennial audit.
(a) A law enforcement agency must maintain records showing
the date and time portable recording system data were collected and the applicable
classification of the data. The law enforcement agency shall arrange for an independent,
biennial audit of the data to determine whether data are appropriately classified according
to this section, how the data are used, and whether the data are destroyed as required under
this section, and to verify compliance with subdivisions 7 and 8. If the governing body with
jurisdiction over the budget of the agency determines that the agency is not complying with
this section or other applicable law, the governing body may order additional independent
audits. Data in the records required under this paragraph are classified as provided in
subdivision 2.
(b) The results of the audit are public, except for data that are otherwise classified under
law. The governing body with jurisdiction over the budget of the law enforcement agency
shall review the results of the audit. If the governing body determines that there is a pattern
of substantial noncompliance with this section, the governing body must order that operation
of all portable recording systems be suspended until the governing body has authorized the
agency to reinstate their use. An order of suspension under this paragraph may only be made
following review of the results of the audit and review of the applicable provisions of this
chapter, and after providing the agency and members of the public a reasonable opportunity
to respond to the audit's findings in a public meeting.
(c) A report summarizing the results of each audit must be provided to the governing
body with jurisdiction over the budget of the law enforcement agency deleted text begin anddeleted text end new text begin ,new text end to the Legislative
Commission on Data Practices and Personal Data Privacynew text begin , and to the chairs and ranking
minority members of the committees of the house of representatives and the senate with
jurisdiction over data practices and public safety issuesnew text end no later than 60 days following
completion of the audit.
Sec. 3. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective the day following final enactment.
new text end