1997 Minnesota Statutes

CHAPTER 13. Government data practices

     13.01 Government data. 

    Subdivision 1.    Applicability.  All state agencies, 
 political subdivisions and statewide systems shall be governed 
 by this chapter.  

    Subd. 2.    Citation.  This chapter may be cited as the 
 "Minnesota government data practices act." 

    Subd. 3.    Scope.  This chapter regulates the 
 collection, creation, storage, maintenance, dissemination, and 
 access to government data in state agencies, statewide systems, 
 and political subdivisions.  It establishes a presumption that 
 government data are public and are accessible by the public for 
 both inspection and copying unless there is federal law, a state 
 statute, or a temporary classification of data that provides 
 that certain data are not public. 

    HIST: 1979 c 328 s 1; 1981 c 311 s 1,39; 1Sp1981 c 4 art 1 s 
 4,5; 1982 c 545 s 24; 1991 c 319 s 1 

     13.02 Collection, security, and dissemination of 
  records; definitions. 

    Subdivision 1.    Applicability.  As used in this 
 chapter, the terms defined in this section have the meanings 
 given them.  

    Subd. 2.    Commissioner.  "Commissioner" means the 
 commissioner of the department of administration. 

    Subd. 3.    Confidential data on individuals.  
 "Confidential data on individuals" means data which is made not 
 public by statute or federal law applicable to the data and is 
 inaccessible to the individual subject of that data. 

    Subd. 3a.    Criminal justice agencies.  "Criminal 
 justice agencies" means all state and local prosecution 
 authorities, all state and local law enforcement agencies, the 
 sentencing guidelines commission, the bureau of criminal 
 apprehension, the department of corrections, and all probation 
 officers who are not part of the judiciary. 

    Subd. 4.    Data not on individuals.  "Data not on 
 individuals" means all government data which is not data on 
 individuals.  

    Subd. 5.    Data on individuals.  "Data on 
 individuals"  means all government data in which any individual 
 is or can be identified as the subject of that data, unless the 
 appearance of the name or other identifying data can be clearly 
 demonstrated to be only incidental to the data and the data are 
 not accessed by the name or other identifying data of any 
 individual. 

    Subd. 6.    Designee.  "Designee" means any person 
 designated by a responsible authority to be in charge of 
 individual files or systems containing government data and to 
 receive and comply with requests for government data.  

    Subd. 7.    Government data.  "Government data" means 
 all data collected, created, received, maintained or 
 disseminated by any state agency, political subdivision, or 
 statewide system regardless of its physical form, storage media 
 or conditions of use.  

    Subd. 8.    Individual.  "Individual" means a natural 
 person.  In the case of a minor or an individual adjudged 
 mentally incompetent, "individual" includes a parent or guardian 
 or an individual acting as a parent or guardian in the absence 
 of a parent or guardian, except that the responsible authority 
 shall withhold data from parents or guardians, or individuals 
 acting as parents or guardians in the absence of parents or 
 guardians, upon request by the minor if the responsible 
 authority determines that withholding the data would be in the 
 best interest of the minor. 

    Subd. 8a.    Not public data.  "Not public data" means 
 any government data which is classified by statute, federal law, 
 or temporary classification as confidential, private, nonpublic, 
 or protected nonpublic.  

    Subd. 9.    Nonpublic data.  "Nonpublic data" means data 
 not on individuals that is made by statute or federal law 
 applicable to the data:  (a) not accessible to the public; and 
 (b) accessible to the subject, if any, of the data. 

    Subd. 10.    Person.  "Person" means any individual, 
 partnership, corporation, association, business trust, or a 
 legal representative of an organization.  

    Subd. 11.    Political subdivision.  "Political 
 subdivision" means any county, statutory or home rule charter 
 city, school district, special district and any board, 
 commission, district or authority created pursuant to law, local 
 ordinance or charter provision.  It includes any nonprofit 
 corporation which is a community action agency organized 
 pursuant to the economic opportunity act of 1964 (Public Law 
 Number 88-452) as amended, to qualify for public funds, or any 
 nonprofit social service agency which performs services under 
 contract to any political subdivision, statewide system or state 
 agency, to the extent that the nonprofit social service agency 
 or nonprofit corporation collects, stores, disseminates, and 
 uses data on individuals because of a contractual relationship 
 with state agencies, political subdivisions or statewide systems.

    Subd. 12.    Private data on individuals.  "Private data 
 on individuals" means data which is made by statute or federal 
 law applicable to the data:  (a) not public; and (b) accessible 
 to the individual subject of that data.  

    Subd. 13.    Protected nonpublic data.  "Protected 
 nonpublic data" means data not on individuals which is made by 
 statute or federal law applicable to the data (a) not public and 
 (b) not accessible to the subject of the data.  

    Subd. 14.    Public data not on individuals.  "Public 
 data not on individuals" means data which is accessible to the 
 public pursuant to section 13.03.  

    Subd. 15.    Public data on individuals.  "Public data 
 on individuals" means data which is accessible to the public in 
 accordance with the provisions of section 13.03. 

    Subd. 16.    Responsible authority.  "Responsible 
 authority" in a state agency or statewide system means the state 
 official designated by law or by the commissioner as the 
 individual responsible for the collection, use and dissemination 
 of any set of data on individuals, government data, or summary 
 data.  "Responsible authority" in any political subdivision 
 means the individual designated by the governing body of that 
 political subdivision as the individual responsible for the 
 collection, use, and dissemination of any set of data on 
 individuals, government data, or summary data, unless otherwise 
 provided by state law. 

    Subd. 17.    State agency.  "State agency" means the 
 state, the University of Minnesota, and any office, officer, 
 department, division, bureau, board, commission, authority, 
 district or agency of the state. 

    Subd. 18.    Statewide system.  "Statewide system" 
 includes any record keeping system in which government data is 
 collected, stored, disseminated and used by means of a system 
 common to one or more state agencies or more than one of its 
 political subdivisions or any combination of state agencies and 
 political subdivisions. 

    Subd. 19.    Summary data.  "Summary data" means 
 statistical records and reports derived from data on individuals 
 but in which individuals are not identified and from which 
 neither their identities nor any other characteristic that could 
 uniquely identify an individual is ascertainable. 

    HIST: 1974 c 479 s 1; 1975 c 401 s 1; 1976 c 239 s 2; 1976 c 
 283 s 1-5; 1977 c 375 s 1-5; 1978 c 790 s 1; 1979 c 328 s 2-6; 
 1980 c 603 s 1-6; 1980 c 618 s 25; 1981 c 311 s 2-6,39; 1982 c 
 545 s 1,24; 1984 c 436 s 1; 1989 c 351 s 2; 1996 c 440 art 1 s 1 

     13.03 Access to government data. 

    Subdivision 1.    Public data.  All government data 
 collected, created, received, maintained or disseminated by a 
 state agency, political subdivision, or statewide system shall 
 be public unless classified by statute, or temporary 
 classification pursuant to section 13.06, or federal law, as 
 nonpublic or protected nonpublic, or with respect to data on 
 individuals, as private or confidential. The responsible 
 authority in every state agency, political subdivision and 
 statewide system shall keep records containing government data 
 in such an arrangement and condition as to make them easily 
 accessible for convenient use.  Photographic, photostatic, 
 microphotographic, or microfilmed records shall be considered as 
 accessible for convenient use regardless of the size of such 
 records. 

    Subd. 2.    Procedures.  The responsible authority in 
 every state agency, political subdivision, and statewide system 
 shall establish procedures, consistent with this chapter, to 
 insure that requests for government data are received and 
 complied with in an appropriate and prompt manner.  Full 
 convenience and comprehensive accessibility shall be allowed to 
 researchers including historians, genealogists and other 
 scholars to carry out extensive research and complete copying of 
 all records containing government data except as otherwise 
 expressly provided by law. 

    A responsible authority may designate one or more designees.

    Subd. 3.    Request for access to data.  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.  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. 

    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.  

    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.  

    Subd. 4.    Change in classification of data; effect of 
 dissemination among agencies.  (a) The classification of data 
 in the possession of an agency shall change if it is required to 
 do so to comply with either judicial or administrative rules 
 pertaining to the conduct of legal actions or with a specific 
 statute applicable to the data in the possession of the 
 disseminating or receiving agency. 

    (b) If data on individuals is classified as both private 
 and confidential by this chapter, or any other statute or 
 federal law, the data is private.  

    (c) To the extent that government data is disseminated to 
 state agencies, political subdivisions, or statewide systems by 
 another state agency, political subdivision, or statewide 
 system, the data disseminated shall have the same classification 
 in the hands of the agency receiving it as it had in the hands 
 of the entity providing it. 

    (d) If a state agency, statewide system, or political 
 subdivision disseminates data to another state agency, statewide 
 system, or political subdivision, a classification provided for 
 by law in the hands of the entity receiving the data does not 
 affect the classification of the data in the hands of the entity 
 that disseminates the data. 

    Subd. 5.    Copyright or patent of computer program.  
 Nothing in this chapter or any other statute shall be construed 
 to prevent a state agency, statewide system, or political 
 subdivision from acquiring a copyright or patent for a computer 
 software program or components of a program created by that 
 government agency.  In the event that a government agency does 
 acquire 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.  

    Subd. 6.    Discoverability of not public data.  If a 
 state agency, political subdivision, or statewide system opposes 
 discovery of government data or release of data pursuant to 
 court order on the grounds that the data are classified as not 
 public, the party that seeks access to the data may bring before 
 the appropriate presiding judicial officer, arbitrator, or 
 administrative law judge an action to compel discovery or an 
 action in the nature of an action to compel discovery.  

    The presiding officer shall first decide whether the data 
 are discoverable or releasable pursuant to the rules of evidence 
 and of criminal, civil, or administrative procedure appropriate 
 to the action.  

    If the data are discoverable the presiding officer shall 
 decide whether the benefit to the party seeking access to the 
 data outweighs any harm to the confidentiality interests of the 
 agency maintaining the data, or of any person who has provided 
 the data or who is the subject of the data, or to the privacy 
 interest of an individual identified in the data.  In making the 
 decision, the presiding officer shall consider whether notice to 
 the subject of the data is warranted and, if warranted, what 
 type of notice must be given.  The presiding officer may fashion 
 and issue any protective orders necessary to assure proper 
 handling of the data by the parties.  If the data are a 
 videotape of a child victim or alleged victim alleging, 
 explaining, denying, or describing an act of physical or sexual 
 abuse, the presiding officer shall consider the provisions of 
 section 611A.90, subdivision 2, paragraph (b).  

    Subd. 7.    Data transferred to archives.  When 
 government data that is classified as not public by this chapter 
 or any other statute, including private data on decedents and 
 confidential data on decedents, is physically transferred to the 
 state archives, the data shall no longer be classified as not 
 public and access to and use of the data shall be governed by 
 section 138.17.  

    Subd. 8.    Change to classification of data not on 
 individuals.  Except for security information, nonpublic and 
 protected nonpublic data shall become public either ten years 
 after the creation of the data by the government agency or ten 
 years after the data was received or collected by any 
 governmental agency unless the responsible authority for the 
 originating or custodial agency for the data reasonably 
 determines that, if the data were made available to the public 
 or to the data subject, the harm to the public or to a data 
 subject would outweigh the benefit to the public or to the data 
 subject.  If the responsible authority denies access to the 
 data, the person denied access may challenge the denial by 
 bringing an action in district court seeking release of the 
 data.  The action shall be brought in the district court located 
 in the county where the data are being maintained, or, in the 
 case of data maintained by a state agency, in any county.  The 
 data in dispute shall be examined by the court in camera.  In 
 deciding whether or not to release the data, the court shall 
 consider the benefits and harms in the same manner as set forth 
 above.  The court shall make a written statement of findings in 
 support of its decision.  

    Subd. 9.    Effect of changes in classification of data. 
  Unless otherwise expressly provided by a particular statute, 
 the classification of data is determined by the law applicable 
 to the data at the time a request for access to the data is 
 made, regardless of the data's classification at the time it was 
 collected, created, or received. 

    Subd. 10.    Costs for providing copies of data.  Money 
 collected by a responsible authority in a state agency for the 
 actual cost to the agency of providing copies or electronic 
 transmittal of government data is appropriated to the agency and 
 added to the appropriations from which the costs were paid. 

    Subd. 11.    Treatment of data classified as not public; 
 public meetings.  Not public data may be discussed at a 
 meeting open to the public to the extent provided in section 
 471.705, subdivision 1d. 

    HIST: 1979 c 328 s 7; 1980 c 603 s 7; 1981 c 311 s 39; 1Sp1981 
 c 4 art 1 s 6; 1982 c 545 s 2,24; 1984 c 436 s 2-4; 1985 c 298 s 
 1-4; 1987 c 351 s 1; 1990 c 573 s 1; 1991 c 319 s 2; 1991 c 345 
 art 1 s 44; 1992 c 569 s 1,2; 1994 c 618 art 1 s 1,2; 1995 c 259 
 art 4 s 1; 1996 c 440 art 1 s 2 

     13.04 Rights of subjects of data. 

    Subdivision 1.    Type of data.  The rights of 
 individuals on whom the data is stored or to be stored shall be 
 as set forth in this section. 

    Subd. 2.    Information required to be given individual. 
  An individual asked to supply private or confidential data 
 concerning the individual shall be informed of:  (a) the purpose 
 and intended use of the requested data within the collecting 
 state agency, political subdivision, or statewide system; (b) 
 whether the individual may refuse or is legally required to 
 supply the requested data; (c) any known consequence arising 
 from supplying or refusing to supply private or confidential 
 data; and (d) the identity of other persons or entities 
 authorized by state or federal law to receive the data.  This 
 requirement shall not apply when an individual is asked to 
 supply investigative data, pursuant to section 13.82, 
 subdivision 5, to a law enforcement officer. 

    Subd. 3.    Access to data by individual.  Upon request 
 to a responsible authority, an individual shall be informed 
 whether the individual is the subject of stored data on 
 individuals, and whether it is classified as public, private or 
 confidential.  Upon further request, an individual who is the 
 subject of stored private or public data on individuals shall be 
 shown the data without any charge and, if desired, shall be 
 informed of the content and meaning of that data.  After an 
 individual has been shown the private data and informed of its 
 meaning, the data need not be disclosed to that individual for 
 six months thereafter unless a dispute or action pursuant to 
 this section is pending or additional data on the individual has 
 been collected or created.  The responsible authority shall 
 provide copies of the private or public data upon request by the 
 individual subject of the data.  The responsible authority may 
 require the requesting person to pay the actual costs of making, 
 certifying, and compiling the copies. 

    The responsible authority shall comply immediately, if 
 possible, with any request made pursuant to this subdivision, or 
 within five days of the date of the request, excluding 
 Saturdays, Sundays and legal holidays, if immediate compliance 
 is not possible.  If unable to comply with the request within 
 that time, the responsible authority shall so inform the 
 individual, and may have an additional five days within which to 
 comply with the request, excluding Saturdays, Sundays and legal 
 holidays. 

    Subd. 4.    Procedure when data is not accurate or 
 complete.  (a) An individual subject of the data may contest 
 the accuracy or completeness of public or private data.  To 
 exercise this right, an individual shall notify in writing the 
 responsible authority describing the nature of the 
 disagreement.  The responsible authority shall within 30 days 
 either:  (1) correct the data found to be inaccurate or 
 incomplete and attempt to notify past recipients of inaccurate 
 or incomplete data, including recipients named by the 
 individual; or (2) notify the individual that the authority 
 believes the data to be correct.  Data in dispute shall be 
 disclosed only if the individual's statement of disagreement is 
 included with the disclosed data. 

    The determination of the responsible authority may be 
 appealed pursuant to the provisions of the administrative 
 procedure act relating to contested cases.  Upon receipt of an 
 appeal by an individual, the commissioner shall, before issuing 
 the order and notice of a contested case hearing required by 
 chapter 14, try to resolve the dispute through education, 
 conference, conciliation, or persuasion.  If the parties 
 consent, the commissioner may refer the matter to mediation.  
 Following these efforts, the commissioner shall dismiss the 
 appeal or issue the order and notice of hearing. 

    (b) Data on individuals that have been successfully 
 challenged by an individual must be completed, corrected, or 
 destroyed by a state agency, political subdivision, or statewide 
 system without regard to the requirements of section 138.17. 

    After completing, correcting, or destroying successfully 
 challenged data, a state agency, political subdivision, or 
 statewide system may retain a copy of the commissioner of 
 administration's order issued under chapter 14 or, if no order 
 were issued, a summary of the dispute between the parties that 
 does not contain any particulars of the successfully challenged 
 data. 

    Subd. 5.    Education records; child with a disability.  
 Nothing in this chapter shall be construed as limiting the 
 frequency of inspection of the educational records of a child 
 with a disability by the child's parent or guardian or by the 
 child upon the child reaching the age of majority.  An agency or 
 institution may not charge a fee to search for or to retrieve 
 the educational records.  An agency or institution that receives 
 a request for copies of the educational records of a child with 
 a disability may charge a fee that reflects the costs of 
 reproducing the records except when to do so would impair the 
 ability of the child's parent or guardian, or the child who has 
 reached the age of majority, to exercise their right to inspect 
 and review those records. 

    HIST: 1974 c 479 s 4; 1975 c 401 s 4; 1977 c 375 s 7; 1980 c 
 603 s 12; 1981 c 311 s 9,39; 1982 c 545 s 4,24; 1984 c 436 s 5; 
 1Sp1985 c 14 art 1 s 3; 1986 c 444; 1987 c 351 s 2; 1988 c 670 s 
 1; 1994 c 647 art 3 s 1 

     13.05 Duties of responsible authority. 

    Subdivision 1.    Public document of data categories.  
 The responsible authority shall prepare a public document 
 containing the authority's name, title and address, and a 
 description of each category of record, file, or process 
 relating to private or confidential data on individuals 
 maintained by the authority's state agency, statewide system, or 
 political subdivision.  Forms used to collect private and 
 confidential data shall be included in the public document.  
 Beginning August 1, 1977 and annually thereafter, the 
 responsible authority shall update the public document and make 
 any changes necessary to maintain the accuracy of the document.  
 The document shall be available from the responsible authority 
 to the public in accordance with the provisions of sections 
 13.03 and 15.17. 

    Subd. 2.    Copies to commissioner.  The commissioner 
 may require responsible authorities to submit copies of the 
 public document required in subdivision 1, and may request 
 additional information relevant to data collection practices, 
 policies and procedures.  

    Subd. 3.    General standards for collection and storage. 
  Collection and storage of all data on individuals and the use 
 and dissemination of private and confidential data on 
 individuals shall be limited to that necessary for the 
 administration and management of programs specifically 
 authorized by the legislature or local governing body or 
 mandated by the federal government.  

    Subd. 4.    Limitations on collection and use of data.  
 Private or confidential data on an individual shall not be 
 collected, stored, used, or disseminated by political 
 subdivisions, statewide systems, or state agencies for any 
 purposes other than those stated to the individual at the time 
 of collection in accordance with section 13.04, except as 
 provided in this subdivision. 

    (a) Data collected prior to August 1, 1975, and which have 
 not been treated as public data, may be used, stored, and 
 disseminated for the purposes for which the data was originally 
 collected or for purposes which are specifically approved by the 
 commissioner as necessary to public health, safety, or welfare. 

    (b) Private or confidential data may be used and 
 disseminated to individuals or agencies specifically authorized 
 access to that data by state, local, or federal law enacted or 
 promulgated after the collection of the data. 

    (c) Private or confidential data may be used and 
 disseminated to individuals or agencies subsequent to the 
 collection of the data when the responsible authority 
 maintaining the data has requested approval for a new or 
 different use or dissemination of the data and that request has 
 been specifically approved by the commissioner as necessary to 
 carry out a function assigned by law. 

    (d) Private data may be used by and disseminated to any 
 person or agency if the individual subject or subjects of the 
 data have given their informed consent.  Whether a data subject 
 has given informed consent shall be determined by rules of the 
 commissioner.  Informed consent shall not be deemed to have been 
 given by an individual subject of the data by the signing of any 
 statement authorizing any person or agency to disclose 
 information about the individual to an insurer or its authorized 
 representative, unless the statement is: 

    (1) in plain language; 

    (2) dated; 

    (3) specific in designating the particular persons or 
 agencies the data subject is authorizing to disclose information 
 about the data subject; 

    (4) specific as to the nature of the information the 
 subject is authorizing to be disclosed; 

    (5) specific as to the persons or agencies to whom the 
 subject is authorizing information to be disclosed; 

    (6) specific as to the purpose or purposes for which the 
 information may be used by any of the parties named in clause 
 (5), both at the time of the disclosure and at any time in the 
 future; 

    (7) specific as to its expiration date which should be 
 within a reasonable period of time, not to exceed one year 
 except in the case of authorizations given in connection with 
 applications for life insurance or noncancelable or guaranteed 
 renewable health insurance and identified as such, two years 
 after the date of the policy. 

    The responsible authority may require a person requesting 
 copies of data under this paragraph to pay the actual costs of 
 making, certifying, and compiling the copies. 

    (e) Private or confidential data on an individual may be 
 discussed at a meeting open to the public to the extent provided 
 in section 471.705, subdivision 1d. 

    Subd. 5.    Data protection.  The responsible authority 
 shall (1) establish procedures to assure that all data on 
 individuals is accurate, complete, and current for the purposes 
 for which it was collected; and (2) establish appropriate 
 security safeguards for all records containing data on 
 individuals.  

    Subd. 6.    Contracts.  Except as provided in section 
 13.46, subdivision 5, in any contract between a governmental 
 unit subject to this chapter and any person, when the contract 
 requires that data on individuals be made available to the 
 contracting parties by the governmental unit, that data shall be 
 administered consistent with this chapter.  A contracting party 
 shall maintain the data on individuals which it received 
 according to the statutory provisions applicable to the data. 

    Subd. 7.    Preparation of summary data.  The use of 
 summary data derived from private or confidential data on 
 individuals under the jurisdiction of one or more responsible 
 authorities is permitted.  Unless classified pursuant to section 
 13.06, another statute, or federal law, summary data is public.  
 The responsible authority shall prepare summary data from 
 private or confidential data on individuals upon the request of 
 any person if the request is in writing and the cost of 
 preparing the summary data is borne by the requesting person.  
 The responsible authority may delegate the power to prepare 
 summary data (1) to the administrative officer responsible for 
 any central repository of summary data; or (2) to a person 
 outside of its agency if the person's purpose is set forth, in 
 writing, and the person agrees not to disclose, and the agency 
 reasonably determines that the access will not compromise 
 private or confidential data on individuals. 

    Subd. 8.    Publication of access procedures.  The 
 responsible authority shall prepare a public document setting 
 forth in writing the rights of the data subject pursuant to 
 section 13.04 and the specific procedures in effect in the state 
 agency, statewide system or political subdivision for access by 
 the data subject to public or private data on individuals.  

    Subd. 9.    Intergovernmental access of data.  A 
 responsible authority shall allow another responsible authority 
 access to data classified as not public only when the access is 
 authorized or required by statute or federal law.  An agency 
 that supplies government data under this subdivision may require 
 the requesting agency to pay the actual cost of supplying the 
 data.  

    Subd. 10.    International dissemination.  No state 
 agency or political subdivision shall transfer or disseminate 
 any private or confidential data on individuals to the private 
 international organization known as Interpol, except through the 
 Interpol-United States National Central Bureau, United States 
 Department of Justice.  

    HIST: 1974 c 479 s 2; 1975 c 401 s 2; 1976 c 239 s 3; 1976 c 
 283 s 6,7; 1978 c 790 s 3; 1979 c 328 s 8; 1981 c 311 s 7,39; 
 1Sp1981 c 4 art 1 s 7; 1982 c 545 s 24; 1984 c 436 s 6-9; 1986 c 
 444; 1987 c 351 s 3; 1992 c 569 s 3; 1994 c 618 art 1 s 3 

     13.06 Temporary classification. 

    Subdivision 1.    Application to commissioner.  
 Notwithstanding the provisions of section 13.03, the responsible 
 authority of a state agency, political subdivision, or statewide 
 system may apply to the commissioner for permission to classify 
 data or types of data on individuals as private or confidential, 
 or data not on individuals as nonpublic or protected nonpublic, 
 for its own use and for the use of other similar agencies, 
 political subdivisions, or statewide systems on a temporary 
 basis until a proposed statute can be acted upon by the 
 legislature.  The application for temporary classification is 
 public. 

    Upon the filing of an application for temporary 
 classification, the data which is the subject of the application 
 shall be deemed to be classified as set forth in the application 
 for a period of 45 days, or until the application is 
 disapproved, rejected, or granted by the commissioner, whichever 
 is earlier. 

    If the commissioner determines that an application has been 
 submitted for purposes not consistent with this section, the 
 commissioner may immediately reject the application, give notice 
 of that rejection to the applicant, and return the application. 
 When the applicant receives the notice of rejection from the 
 commissioner, the data which was the subject of the application 
 shall have the classification it had before the application was 
 submitted to the commissioner.  

    Subd. 2.    Contents of application for private or 
 confidential data.  An application for temporary 
 classification of data on individuals shall include and the 
 applicant shall have the burden of clearly establishing that no 
 statute currently exists which either allows or forbids 
 classification as private or confidential; and either 

    (a) That data similar to that for which the temporary 
 classification is sought has been treated as either private or 
 confidential by other state agencies or political subdivisions, 
 and by the public; or 

    (b) That a compelling need exists for immediate temporary 
 classification, which if not granted could adversely affect the 
 public interest or the health, safety, well being or reputation 
 of the data subject. 

    Subd. 3.    Contents of application for nonpublic or 
 nonpublic protected data.  An application for temporary 
 classification of government data not on individuals shall 
 include and the applicant shall have the burden of clearly 
 establishing that no statute currently exists which either 
 allows or forbids classification as nonpublic or protected 
 nonpublic; and either 

    (a) That data similar to that for which the temporary 
 classification is sought has been treated as nonpublic or 
 protected nonpublic by other state agencies or political 
 subdivisions, and by the public; or 

    (b) Public access to the data would render unworkable a 
 program authorized by law; or 

    (c) That a compelling need exists for immediate temporary 
 classification, which if not granted could adversely affect the 
 health, safety or welfare of the public. 

    Subd. 4.    Procedure when classification affects others. 
  If the commissioner determines that an application for 
 temporary classification involves data which would reasonably be 
 classified in the same manner by all agencies, political 
 subdivisions, or statewide systems similar to the one which made 
 the application, the commissioner may approve or disapprove the 
 classification for data of the kind which is the subject of the 
 application for the use of all agencies, political subdivisions, 
 or statewide systems similar to the applicant.  On deeming this 
 approach advisable, the commissioner shall provide notice of the 
 proposed action by publication in the state register and by 
 notification to the intergovernmental information systems 
 advisory council, within ten days of receiving the application.  
 Within 30 days after publication in the state register and 
 notification to the council, an affected agency, political 
 subdivision, the public, or statewide system may submit comments 
 on the commissioner's proposal.  The commissioner shall consider 
 any comments received when granting or denying a classification 
 for data of the kind which is the subject of the application, 
 for the use of all agencies, political subdivisions, or 
 statewide systems similar to the applicant.  Within 45 days 
 after the close of the period for submitting comment, the 
 commissioner shall grant or disapprove the application.  
 Applications processed under this subdivision shall be either 
 approved or disapproved by the commissioner within 90 days of 
 the receipt of the application.  For purposes of subdivision 1, 
 the data which is the subject of the classification shall be 
 deemed to be classified as set forth in the application for a 
 period of 90 days, or until the application is disapproved or 
 granted by the commissioner, whichever is earlier.  If requested 
 in the application, or determined to be necessary by the 
 commissioner, the data in the application shall be so classified 
 for all agencies, political subdivisions, or statewide systems 
 similar to the applicant until the application is disapproved or 
 granted by the commissioner, whichever is earlier.  Proceedings 
 after the grant or disapproval shall be governed by the 
 provisions of subdivision 5.  

    Subd. 5.    Determination.  The commissioner shall 
 either grant or disapprove the application for temporary 
 classification within 45 days after it is filed.  On 
 disapproving an application, the commissioner shall set forth in 
 detail reasons for the disapproval, and shall include a 
 statement of belief as to what classification is appropriate for 
 the data which is the subject of the application.  Twenty days 
 after the date of the commissioner's disapproval of an 
 application, the data which is the subject of the application 
 shall become public data, unless the responsible authority 
 submits an amended application for temporary classification 
 which requests the classification deemed appropriate by the 
 commissioner in the statement of disapproval or which sets forth 
 additional information relating to the original proposed 
 classification.  Upon the filing of an amended application, the 
 data which is the subject of the amended application shall be 
 deemed to be classified as set forth in the amended application 
 for a period of 20 days or until the amended application is 
 granted or disapproved by the commissioner, whichever is 
 earlier.  The commissioner shall either grant or disapprove the 
 amended application within 20 days after it is filed.  Five 
 working days after the date of the commissioner's disapproval of 
 the amended application, the data which is the subject of the 
 application shall become public data.  No more than one amended 
 application may be submitted for any single file or system. 

    If the commissioner grants an application for temporary 
 classification, it shall become effective immediately, and the 
 complete record relating to the application shall be submitted 
 to the attorney general, who shall review the classification as 
 to form and legality.  Within 25 days, the attorney general 
 shall approve the classification, disapprove a classification as 
 confidential but approve a classification as private, or 
 disapprove the classification.  If the attorney general 
 disapproves a classification, the data which is the subject of 
 the classification shall become public data five working days 
 after the date of the attorney general's disapproval. 

    Subd. 6. Repealed, 1995 c 259 art 1 s 62 

    Subd. 7.    Legislative consideration of temporary 
 classifications; expiration.  On or before January 15 of each 
 year, the commissioner shall submit all temporary 
 classifications in effect on January 1 in bill form to the 
 legislature.  The temporary classification expires June 1 of the 
 year following its submission to the legislature. 

    HIST: 1976 c 283 s 8; 1977 c 375 s 6; 1978 c 790 s 2; 1979 c 
 328 s 9-13; 1980 c 603 s 8-11; 1981 c 311 s 8,39; 1982 c 545 s 
 3,24; 1984 c 436 s 10,11; 1986 c 444; 1995 c 259 art 1 s 1 

     13.07 Duties of the commissioner. 

    The commissioner shall with the advice of the 
 intergovernmental information services advisory council 
 promulgate rules, in accordance with the rulemaking procedures 
 in the administrative procedures act which shall apply to state 
 agencies, statewide systems and political subdivisions to 
 implement the enforcement and administration of this chapter.  
 The rules shall not affect section 13.04, relating to rights of 
 subjects of data.  Prior to the adoption of rules authorized by 
 this section the commissioner shall give notice to all state 
 agencies and political subdivisions in the same manner and in 
 addition to other parties as required by section 14.06 of the 
 date and place of hearing, enclosing a copy of the rules to be 
 adopted. 

    HIST: 1975 c 271 s 6; 1975 c 401 s 7; 1981 c 311 s 39; 1Sp1981 
 c 4 art 1 s 11; 1982 c 424 s 130; 1982 c 545 s 24; 1985 c 248 s 
 70 

     13.072 Opinions by the commissioner. 

    Subdivision 1.    Opinion; when required.  (a) Upon 
 request of a state agency, statewide system, or political 
 subdivision, the commissioner may give a written opinion on any 
 question relating to public access to government data, rights of 
 subjects of data, or classification of data under this chapter 
 or other Minnesota statutes governing government data 
 practices.  Upon request of any person who disagrees with a 
 determination regarding data practices made by a state agency, 
 statewide system, or political subdivision, the commissioner may 
 give a written opinion regarding the person's rights as a 
 subject of government data or right to have access to government 
 data.  If the commissioner determines that no opinion will be 
 issued, the commissioner shall give the state agency, statewide 
 system, political subdivision, or person requesting the opinion 
 notice of the decision not to issue the opinion within five days 
 of receipt of the request.  If this notice is not given, the 
 commissioner shall issue an opinion within 20 days of receipt of 
 the request.  For good cause and upon written notice to the 
 person requesting the opinion, the commissioner may extend this 
 deadline for one additional 30-day period.  The notice must 
 state the reason for extending the deadline.  The state agency, 
 statewide system, or political subdivision must be provided a 
 reasonable opportunity to explain the reasons for its decision 
 regarding the data.  The commissioner or the state agency, 
 statewide system, or political subdivision may choose to give 
 notice to the subject of the data concerning the dispute 
 regarding the data. 

    (b) This section does not apply to a determination made by 
 the commissioner of health under section 13.38, subdivision 2, 
 paragraph (c), or 144.6581. 

    (c) A written opinion issued by the attorney general shall 
 take precedence over an opinion issued by the commissioner under 
 this section. 

    Subd. 2.    Effect.  Opinions issued by the commissioner 
 under this section are not binding on the state agency, 
 statewide system, or political subdivision whose data is the 
 subject of the opinion, but must be given deference by a court 
 in a proceeding involving the data.  The commissioner shall 
 arrange for public dissemination of opinions issued under this 
 section.  This section does not preclude a person from bringing 
 any other action under this chapter or other law in addition to 
 or instead of requesting a written opinion.  A state agency, 
 statewide system, political subdivision, or person that acts in 
 conformity with a written opinion of the commissioner is not 
 liable for compensatory or exemplary damages or awards of 
 attorneys fees in actions under section 13.08 or for a penalty 
 under section 13.09. 

    Subd. 3. Repealed, 1Sp1997 c 3 s 47 

    Subd. 4.    Data submitted to commissioner.  A state 
 agency, statewide system, or political subdivision may submit 
 not public data to the commissioner for the purpose of 
 requesting or responding to a person's request for an opinion.  
 Government data submitted to the commissioner by a state agency, 
 statewide system, or political subdivision or copies of 
 government data submitted by other persons have the same 
 classification as the data have when held by the state agency, 
 statewide system, or political subdivision.  If the nature of 
 the opinion is such that the release of the opinion would reveal 
 not public data, the commissioner may issue an opinion using 
 pseudonyms for individuals.  Data maintained by the 
 commissioner, in the record of an opinion issued using 
 pseudonyms that would reveal the identities of individuals 
 protected by the use of the pseudonyms, are private data on 
 individuals. 

    HIST: 1993 c 192 s 38,110; 1995 c 259 art 1 s 2,3,56 

     13.073 Public information policy training program. 

    Subdivision 1.    Establishment.  The commissioner may 
 establish a program for training state and local government 
 officials and employees on public information policy, including 
 government data practices laws and official records and records 
 management statutes.  The program may provide for the 
 development of broad-based expertise within state and local 
 government entities.  The program components may include basic 
 training, specific training for specialized service sectors, and 
 policy analysis and support. 

    Subd. 2.    General provisions.  The commissioner may 
 publicize the development and implementation of the training 
 program under this section and seek input from state and local 
 government entities.  The commissioner may prepare a training 
 guide that includes an overview of the training program and its 
 components. 

    Subd. 3.    Basic training.  The basic training 
 component should be designed to meet the basic information 
 policy needs of all government employees and public officials 
 with a focus on key data practices laws and procedures that 
 apply to all government entities.  The commissioner should 
 design the basic training component in a manner that minimizes 
 duplication of the effort and cost for government entities to 
 provide basic training.  The commissioner may develop general 
 programs and materials for basic training such as video 
 presentations, data practices booklets, and training guides.  
 The commissioner may assist state and local government agencies 
 in developing training expertise within their own agencies and 
 offer assistance for periodic training sessions for this purpose.

    Subd. 4.    Sector-specific training.  (a) The 
 sector-specific training component should be designed to provide 
 for the development of specific expertise needed to deal with 
 information policy issues within a particular service area.  
 Service areas may include government entities such as state 
 agencies, counties, cities, or school districts, or functional 
 areas such as education, human services, child protection, or 
 law enforcement.  This component should focus on training 
 individuals who implement or administer data practices and other 
 information policy laws within their government entity. 

    (b) The commissioner may provide technical assistance and 
 support and help coordinate efforts to develop sector-specific 
 training within different sectors.  Elements of sector-specific 
 training should include: 

    (1) designation, training, and coordination of data 
 practices specialists with responsibility for clarification and 
 resolution of sector-specific information policy issues; 

    (2) development of telephone hot lines within different 
 sectors for handling information policy inquiries; 

    (3) development of forums under which individuals with 
 ongoing information policy administrative responsibilities may 
 meet to discuss issues arising within their sectors; 

    (4) availability of expertise for coaching and consultation 
 on specific issues; and 

    (5) preparation of publications, including reference guides 
 to materials and resource persons. 

    Subd. 5.    Policy analysis and support.  The policy 
 analysis and support component should be designed to address 
 information policy issues at the policy level and to provide 
 ongoing consultation and support regarding major areas of 
 concern with a goal of developing a coherent and coordinated 
 approach to information policy within the state.  The 
 commissioner may assist in the development and implementation of 
 information policy and provide a clearinghouse for ideas, 
 information, and resources.  The commissioner may review public 
 information policy and identify how that policy can be updated, 
 simplified, and made consistent. 

    HIST: 1995 c 259 art 2 s 1 

     13.08 Civil remedies. 

    Subdivision 1.    Action for damages.  Notwithstanding 
 section 466.03, a political subdivision, responsible authority, 
 statewide system, or state agency which violates any provision 
 of this chapter is liable to a person or representative of a 
 decedent who suffers any damage as a result of the violation, 
 and the person damaged or a representative in the case of 
 private data on decedents or confidential data on decedents may 
 bring an action against the political subdivision, responsible 
 authority, statewide system or state agency to cover any damages 
 sustained, plus costs and reasonable attorney fees.  In the case 
 of a willful violation, the political subdivision, statewide 
 system or state agency shall, in addition, be liable to 
 exemplary damages of not less than $100, nor more than $10,000 
 for each violation.  The state is deemed to have waived any 
 immunity to a cause of action brought under this chapter. 

    Subd. 2.    Injunction.  A political subdivision, 
 responsible authority, statewide system or state agency which 
 violates or proposes to violate this chapter may be enjoined by 
 the district court.  The court may make any order or judgment as 
 may be necessary to prevent the use or employment by any person 
 of any practices which violate this chapter. 

    Subd. 3.    Venue.  An action filed pursuant to this 
 section may be commenced in the county in which the individual 
 alleging damage or seeking relief resides, or in the county 
 wherein the political subdivision exists, or, in the case of the 
 state, any county. 

    Subd. 4.    Action to compel compliance.  In addition 
 to the remedies provided in subdivisions 1 to 3 or any other 
 law, any aggrieved person 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.  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. 

    Subd. 5.    Immunity from liability.  A state agency, 
 statewide system, political subdivision, or person that releases 
 not public data pursuant to an order under section 13.03, 
 subdivision 6 is immune from civil and criminal liability.  

    Subd. 6.    Immunity from liability; personnel settlement. 
  No cause of action may arise as a result of the release of 
 data contained in a termination or personnel settlement 
 agreement if the data were not public data as defined in section 
 13.02, at the time the agreement was executed but become public 
 data under a law enacted after execution. 

    HIST: 1974 c 479 s 5; 1975 c 401 s 5; 1976 c 239 s 4,5; 1979 c 
 328 s 14; 1980 c 603 s 13; 1981 c 311 s 39; 1Sp1981 c 4 art 1 s 
 8-10; 1982 c 545 s 24; 1985 c 298 s 5,6; 1986 c 444; 1991 c 319 
 s 30 

     13.09 Penalties. 

    Any person who willfully violates the provisions of this 
 chapter or any rules adopted under this chapter is guilty of a 
 misdemeanor.  Willful violation of this chapter by any public 
 employee constitutes just cause for suspension without pay or 
 dismissal of the public employee. 

    HIST: 1974 c 479 s 6; 1975 c 401 s 6; 1976 c 239 s 6; 1981 c 
 311 s 39; 1982 c 545 s 24; 1985 c 298 s 7 

     13.10 Data on decedents. 

    Subdivision 1.    Definitions.  As used in this chapter: 

    (a) "Confidential data on decedents" means data which, 
 prior to the death of the data subject, were classified by 
 statute, federal law, or temporary classification as 
 confidential data.  

    (b) "Private data on decedents" means data which, prior to 
 the death of the data subject, were classified by statute, 
 federal law, or temporary classification as private data.  

    (c) "Representative of the decedent" means the personal 
 representative of the estate of the decedent during the period 
 of administration, or if no personal representative has been 
 appointed or after discharge, the surviving spouse, any child of 
 the decedent, or, if there is no surviving spouse or children, 
 the parents of the decedent.  

    Subd. 2.    Classification of data on decedents.  Upon 
 the death of the data subject, private data and confidential 
 data shall become, respectively, private data on decedents and 
 confidential data on decedents.  Private data on decedents and 
 confidential data on decedents shall become public when ten 
 years have elapsed from the actual or presumed death of the 
 individual and 30 years have elapsed from the creation of the 
 data.  For purposes of this subdivision, an individual is 
 presumed to be dead if either 90 years elapsed since the 
 creation of the data or 90 years have elapsed since the 
 individual's birth, whichever is earlier, except that an 
 individual is not presumed to be dead if readily available data 
 indicate that the individual is still living. 

    Subd. 3.    Rights.  Rights conferred by this chapter on 
 individuals who are the subjects of private or confidential data 
 shall, in the case of private data on decedents or confidential 
 data on decedents, be exercised by the representative of the 
 decedent.  Nonpublic data concerning a decedent, created or 
 collected after death, are accessible by the representative of 
 the decedent.  Nothing in this section may be construed to 
 prevent access to appropriate data by a trustee appointed in a 
 wrongful death action.  

    Subd. 4.    Court review.  Any person may bring an 
 action in the district court located in the county where the 
 data is being maintained or, in the case of data maintained by a 
 state agency, in any county, to authorize release of private 
 data on decedents or confidential data on decedents.  
 Individuals clearly identified in the data or the representative 
 of the decedent may be given notice if doing so does not cause 
 an undue delay in hearing the matter and, in any event, shall 
 have standing in the court action.  The responsible authority 
 for the data being sought or any interested person may provide 
 information regarding the possible harm or benefit from granting 
 the request.  The data in dispute shall be examined by the court 
 in camera.  The court may order all or part of the data to be 
 released to the public or to the person bringing the action.  In 
 deciding whether or not to release the data, the court shall 
 consider whether the harm to the surviving spouse, children, or 
 next of kin of the decedent, the harm to any other individual 
 identified in the data, or the harm to the public outweighs the 
 benefit to the person bringing the action or the benefit of the 
 public.  The court shall make a written statement of findings in 
 support of its decision.  

    Subd. 5.    Adoption records.  Notwithstanding any 
 provision of this chapter, adoption records shall be treated as 
 provided in sections 259.53, 259.61, 259.79, and 259.83 to 
 259.89. 

    Subd. 6.    Retention of data.  Nothing in this section 
 may be construed to require retention of government data, 
 including private data on decedents or confidential data on 
 decedents, for periods of time other than those established by 
 the procedures provided in section 138.17, or any other statute. 

    HIST: 1985 c 298 s 8; 1986 c 444; 1989 c 351 s 3; 1990 c 573 s 
 2; 1994 c 631 s 31; 1995 c 259 art 1 s 4 

     13.30 Attorneys. 

    Notwithstanding the provisions of this chapter and section 
 15.17, the use, collection, storage, and dissemination of data 
 by an attorney acting in a professional capacity for the state, 
 a state agency or a political subdivision shall be governed by 
 statutes, rules, and professional standards concerning 
 discovery, production of documents, introduction of evidence, 
 and professional responsibility; provided that this section 
 shall not be construed to affect the applicability of any 
 statute, other than this chapter and section 15.17, which 
 specifically requires or prohibits disclosure of specific 
 information by the attorney, nor shall this section be construed 
 to relieve any responsible authority, other than the attorney, 
 from duties and responsibilities pursuant to this chapter and 
 section 15.17.  

    HIST: 1979 c 328 s 19; 1981 c 311 s 39; 1982 c 545 s 24; 1986 
 c 444 

     13.31 Benefit data. 

    Subdivision 1.    Definition.  As used in this section, 
 "benefit data" means data on individuals collected or created 
 because an individual seeks information about becoming, is, or 
 was an applicant for or a recipient of benefits or services 
 provided under various housing, home ownership, rehabilitation 
 and community action agency, Head Start, and food assistance 
 programs administered by state agencies, political subdivisions, 
 or statewide systems.  Benefit data does not include welfare 
 data which shall be administered in accordance with section 
 13.46. 

    Subd. 2.    Public data.  The names and addresses of 
 applicants for and recipients of benefits, aid, or assistance 
 through programs administered by any political subdivision, 
 state agency, or statewide system that are intended to assist 
 with the purchase of housing or other real property are 
 classified as public data on individuals. 

    Subd. 3.    Private data.  Unless otherwise provided by 
 law, all other benefit data is private data on individuals, and 
 shall not be disclosed except pursuant to court order or to an 
 agent of the state agency, political subdivision, or statewide 
 system, including appropriate law enforcement personnel, who are 
 acting in an investigation or prosecution of a criminal or civil 
 proceeding relating to the administration of a program described 
 in subdivision 1.  

    HIST: 1981 c 311 s 29,39; 1982 c 545 s 24; 1984 c 436 s 12,13; 
 1995 c 259 art 1 s 5 

     13.32 Educational data. 

    Subdivision 1.    Definitions.  As used in this section: 

    (a) "Educational data" means data on individuals maintained 
 by a public educational agency or institution or by a person 
 acting for the agency or institution which relates to a student. 

    Records of instructional personnel which are in the sole 
 possession of the maker thereof and are not accessible or 
 revealed to any other individual except a substitute teacher, 
 and are destroyed at the end of the school year, shall not be 
 deemed to be government data.  

    Records of a law enforcement unit of a public educational 
 agency or institution which are maintained apart from education 
 data and are maintained solely for law enforcement purposes, and 
 are not disclosed to individuals other than law enforcement 
 officials of the jurisdiction are not educational data; 
 provided, that education records maintained by the educational 
 agency or institution are not disclosed to the personnel of the 
 law enforcement unit.  The University of Minnesota police 
 department is a law enforcement agency for purposes of section 
 13.82 and other sections of Minnesota Statutes dealing with law 
 enforcement records.  Records of organizations providing 
 security services to a public educational agency or institution 
 must be administered consistent with section 13.861. 

    Records relating to a student who is employed by a public 
 educational agency or institution which are made and maintained 
 in the normal course of business, relate exclusively to the 
 individual in that individual's capacity as an employee, and are 
 not available for use for any other purpose are classified 
 pursuant to section 13.43.  

    (b) "Juvenile justice system" includes criminal justice 
 agencies and the judiciary when involved in juvenile justice 
 activities. 

    (c) "Student" means an individual currently or formerly 
 enrolled or registered, applicants for enrollment or 
 registration at a public educational agency or institution, or 
 individuals who receive shared time educational services from a 
 public agency or institution. 

    (d) "Substitute teacher" means an individual who performs 
 on a temporary basis the duties of the individual who made the 
 record, but does not include an individual who permanently 
 succeeds to the position of the maker of the record. 

    Subd. 2.    Student health and census data.  (a) Health 
 data concerning students, including but not limited to, data 
 concerning immunizations, notations of special physical or 
 mental problems and records of school nurses are educational 
 data.  Access by parents to student health data shall be 
 pursuant to section 13.02, subdivision 8.  

    (b) Pupil census data, including emergency information, 
 family information, and data concerning parents are educational 
 data. 

    Subd. 3.    Private data; when disclosure is permitted.  
 Except as provided in subdivision 5, educational data is private 
 data on individuals and shall not be disclosed except as follows:

    (a) Pursuant to section 13.05; 

    (b) Pursuant to a valid court order; 

    (c) Pursuant to a statute specifically authorizing access 
 to the private data; 

    (d) To disclose information in health and safety 
 emergencies pursuant to the provisions of United States Code, 
 title 20, section 1232g(b)(1)(I) and Code of Federal 
 Regulations, title 34, section 99.36 which are in effect on July 
 1, 1993; 

    (e) Pursuant to the provisions of United States Code, title 
 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
 (b)(3) and Code of Federal Regulations, title 34, sections 
 99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 
 July 1, 1993; 

    (f) To appropriate health authorities to the extent 
 necessary to administer immunization programs and for bona fide 
 epidemiologic investigations which the commissioner of health 
 determines are necessary to prevent disease or disability to 
 individuals in the public educational agency or institution in 
 which the investigation is being conducted; 

    (g) When disclosure is required for institutions that 
 participate in a program under title IV of the Higher Education 
 Act, United States Code, title 20, chapter 1092, in effect on 
 July 1, 1993; 

    (h) To the appropriate school district officials to the 
 extent necessary under subdivision 6, annually to indicate the 
 extent and content of remedial instruction, including the 
 results of assessment testing and academic performance at a 
 post-secondary institution during the previous academic year by 
 a student who graduated from a Minnesota school district within 
 two years before receiving the remedial instruction; 

    (i) To appropriate authorities as provided in United States 
 Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
 the juvenile justice system and the ability of the system to 
 effectively serve, prior to adjudication, the student whose 
 records are released; provided that the authorities to whom the 
 data are released submit a written request for the data that 
 certifies that the data will not be disclosed to any other 
 person except as authorized by law without the written consent 
 of the parent of the student and the request and a record of the 
 release are maintained in the student's file; or 

    (j) To volunteers who are determined to have a legitimate 
 educational interest in the data and who are conducting 
 activities and events sponsored by or endorsed by the 
 educational agency or institution for students or former 
 students. 

    Subd. 4.    Student's access to private data.  A student 
 shall not have the right of access to private data provided in 
 section 13.04, subdivision 3, as to financial records and 
 statements of the student's parents or any information contained 
 therein.  

    Subd. 5.    Directory information.  Information 
 designated as directory information pursuant to the provisions 
 of United States Code, title 20, section 1232g and Code of 
 Federal Regulations, title 34, section 99.37 which are in effect 
 on July 1, 1993, is public data on individuals.  When conducting 
 the directory information designation and notice process 
 required by federal law, an educational agency or institution 
 shall give parents and students notice of the right to refuse to 
 let the agency or institution designate any or all data about 
 the student as directory information.  This notice may be given 
 by any means reasonably likely to inform the parents and 
 students of the right. 

    Subd. 6.    Admissions forms; remedial instruction.  (a) 
 Minnesota post-secondary education institutions, for purposes of 
 reporting and research, may collect on the 1986-1987 admissions 
 form, and disseminate to any public educational agency or 
 institution the following data on individuals:  student sex, 
 ethnic background, age, and disabilities.  The data shall not be 
 required of any individual and shall not be used for purposes of 
 determining the person's admission to an institution. 

    (b) A school district that receives information under 
 subdivision 3, paragraph (h) from a post-secondary institution 
 about an identifiable student shall maintain the data as 
 educational data and use that data to conduct studies to improve 
 instruction.  Public post-secondary systems annually shall 
 provide summary data to the department of children, families, 
 and learning indicating the extent and content of the remedial 
 instruction received in each system during the prior academic 
 year by, and the results of assessment testing and the academic 
 performance of, students who graduated from a Minnesota school 
 district within two years before receiving the remedial 
 instruction.  The department shall evaluate the data and 
 annually report its findings to the education committees of the 
 legislature. 

    (c) This section supersedes any inconsistent provision of 
 law.  

    Subd. 7.    Uses of data.  School officials who receive 
 data on juveniles, as authorized under section 260.161, 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. 

    Subd. 8.    Access by juvenile justice system.  Upon 
 request, the following education data shall be disclosed under 
 subdivision 3, clause (i), to the juvenile justice system:  a 
 student's full name, home address, telephone number, date of 
 birth; a student's school schedule, attendance record, and 
 photographs, if any; and parents' names, home addresses, and 
 telephone numbers. 

    HIST: 1979 c 328 s 18; 1980 c 603 s 26; 1981 c 311 s 14,39; 
 1982 c 545 s 24; 1984 c 436 s 14; 1985 c 298 s 9,10; 1986 c 444; 
 1989 c 351 s 4,5; 1993 c 13 art 1 s 9,10; 1993 c 351 s 2-4; 1994 
 c 618 art 1 s 4; 1994 c 636 art 4 s 1; 1995 c 259 art 1 s 6; 
 1Sp1995 c 3 art 16 s 13; 1996 c 440 art 1 s 3,4; 1Sp1997 c 3 s 
 1-3 

     13.33 Elected officials; correspondence; private data. 

    Correspondence between individuals and elected officials is 
 private data on individuals, but may be made public by either 
 the sender or the recipient.  

    HIST: 1979 c 328 s 22; 1981 c 311 s 39; 1982 c 545 s 24 

     13.34 Examination data. 

    Data consisting solely of testing or examination materials, 
 or scoring keys used solely to determine individual 
 qualifications for appointment or promotion in public service, 
 or used to administer a licensing examination, or academic 
 examination, the disclosure of which would compromise the 
 objectivity or fairness of the testing or examination process 
 are classified as nonpublic, except pursuant to court order.  
 Completed versions of personnel, licensing, or academic 
 examinations shall be accessible to the individual who completed 
 the examination, unless the responsible authority determines 
 that access would compromise the objectivity, fairness, or 
 integrity of the examination process.  Notwithstanding section 
 13.04, the responsible authority shall not be required to 
 provide copies of completed examinations or answer keys to any 
 individual who has completed an examination.  

    HIST: 1980 c 603 s 14; 1981 c 311 s 10,39; 1982 c 545 s 24 

     13.35 Federal contracts data. 

    To the extent that a federal agency requires it as a 
 condition for contracting with a state agency or political 
 subdivision, all government data collected and maintained by the 
 state agency or political subdivision because that agency 
 contracts with the federal agency are classified as either 
 private or nonpublic depending on whether the data are data on 
 individuals or data not on individuals.  

    HIST: 1980 c 603 s 19; 1981 c 311 s 39; 1982 c 545 s 24 

     13.36 Firearms data. 

    All data pertaining to the purchase or transfer of firearms 
 and applications for permits to carry firearms which are 
 collected by state agencies, political subdivisions or statewide 
 systems pursuant to sections 624.712 to 624.719 are classified 
 as private, pursuant to section 13.02, subdivision 12.  

    HIST: 1981 c 311 s 20,39; 1982 c 545 s 24; 1987 c 384 art 2 s 
 1 

     13.37 General nonpublic data. 

    Subdivision 1.    Definitions.  As used in this section, 
 the following terms have the meanings given them. 

    (a) "Security information" means government data the 
 disclosure of which would be likely to substantially jeopardize 
 the security of information, possessions, individuals or 
 property against theft, tampering, improper use, attempted 
 escape, illegal disclosure, trespass, or physical injury.  
 "Security information" includes crime prevention block maps and 
 lists of volunteers who participate in community crime 
 prevention programs and their home addresses and telephone 
 numbers. 

    (b) "Trade secret information" means government data, 
 including a formula, pattern, compilation, program, device, 
 method, technique or process (1) that was supplied by the 
 affected individual or organization, (2) that is the subject of 
 efforts by the individual or organization that are reasonable 
 under the circumstances to maintain its secrecy, and (3) that 
 derives independent economic value, actual or potential, from 
 not being generally known to, and not being readily 
 ascertainable by proper means by, other persons who can obtain 
 economic value from its disclosure or use. 

    (c) "Labor relations information" means management 
 positions on economic and noneconomic items that have not been 
 presented during the collective bargaining process or interest 
 arbitration, including information specifically collected or 
 created to prepare the management position. 

    (d) "Parking space leasing data" means the following 
 government data on an applicant for, or lessee of, a parking 
 space:  residence address, home telephone number, beginning and 
 ending work hours, place of employment, and work telephone 
 number. 

    (e) "Internal competitive proposal" means a proposal to 
 provide government services that is prepared by the staff of a 
 political subdivision in competition with proposals solicited by 
 the political subdivision from the private sector. 

    Subd. 2.    Classification.  The following government 
 data is classified as nonpublic data with regard to data not on 
 individuals, pursuant to section 13.02, subdivision 9, and as 
 private data with regard to data on individuals, pursuant to 
 section 13.02, subdivision 12:  Security information; trade 
 secret information; sealed absentee ballots prior to opening by 
 an election judge; sealed bids, including the number of bids 
 received, prior to the opening of the bids; internal competitive 
 proposals prior to the time specified by a political subdivision 
 for the receipt of private sector proposals for the services; 
 parking space leasing data; and labor relations information, 
 provided that specific labor relations information which relates 
 to a specific labor organization is classified as protected 
 nonpublic data pursuant to section 13.02, subdivision 13. 

    Subd. 3.    Data dissemination.  Crime prevention block 
 maps and names, home addresses, and telephone numbers of 
 volunteers who participate in community crime prevention 
 programs may be disseminated to volunteers participating in 
 crime prevention programs. 

    HIST: 1980 c 603 s 15; 1981 c 311 s 11,39; 1982 c 545 s 24; 
 1984 c 436 s 15; 1985 c 248 s 4; 1990 c 573 s 3,4; 1996 c 440 
 art 1 s 5,6; 1997 c 111 s 6 

     13.38 Health data. 

    Subdivision 1.    Definitions.  As used in this section: 

    (a) "Commissioner" means the commissioner of health. 

    (b) "Health data" means data on individuals created, 
 collected, received, or maintained by the department of health, 
 political subdivisions, or statewide systems relating to the 
 identification, description, prevention, and control of disease 
 or as part of an epidemiologic investigation the commissioner 
 designates as necessary to analyze, describe, or protect the 
 public health.  

    Subd. 2.    Data on individuals.  (a) Health data are 
 private data on individuals.  Notwithstanding section 13.05, 
 subdivision 9, health data may not be disclosed except as 
 provided in this subdivision and section 13.04.  

    (b) The commissioner or a local board of health as defined 
 in section 145A.02, subdivision 2, may disclose health data to 
 the data subject's physician as necessary to locate or identify 
 a case, carrier, or suspect case, to establish a diagnosis, to 
 provide treatment, to identify persons at risk of illness, or to 
 conduct an epidemiologic investigation. 

    (c) With the approval of the commissioner, health data may 
 be disclosed to the extent necessary to assist the commissioner 
 to locate or identify a case, carrier, or suspect case, to alert 
 persons who may be threatened by illness as evidenced by 
 epidemiologic data, to control or prevent the spread of serious 
 disease, or to diminish an imminent threat to the public health. 

    Subd. 3.    Health summary data.  Summary data derived 
 from data collected under section 145.413 may be provided under 
 section 13.05, subdivision 7. 

    Subd. 4. Repealed, 1995 c 259 art 1 s 62 

    HIST: 1981 c 311 s 31,39; 1982 c 545 s 24; 1987 c 309 s 24; 
 1987 c 351 s 4; 1994 c 618 art 1 s 5 

     13.385 Huntington's Disease data. 

    All data created, collected, received, or maintained by the 
 commissioner of health on individuals relating to genetic 
 counseling services for Huntington's Disease provided by the 
 department of health is private data on individuals.  The data 
 may be permanently transferred from the department to the 
 Hennepin county medical center, and once transferred, shall 
 continue to be classified as private data on individuals. 

    HIST: 1995 c 259 art 1 s 58 

     13.39 Civil investigation. 

    Subdivision 1.    Definitions.  A "pending civil legal 
 action" includes but is not limited to judicial, administrative 
 or arbitration proceedings.  Whether a civil legal action is 
 pending shall be determined by the chief attorney acting for the 
 state agency, political subdivision or statewide system.  

    Subd. 2.    Civil actions.  (a) Except as provided in 
 paragraph (b), data collected by state agencies, political 
 subdivisions, or statewide systems as part of an active 
 investigation undertaken for the purpose of the commencement or 
 defense of a pending civil legal action, or which are retained 
 in anticipation of a pending civil legal action, are classified 
 as protected nonpublic data pursuant to section 13.02, 
 subdivision 13, in the case of data not on individuals and 
 confidential pursuant to section 13.02, subdivision 3, in the 
 case of data on individuals.  Any agency, political subdivision, 
 or statewide system may make any data classified as confidential 
 or protected nonpublic pursuant to this subdivision accessible 
 to any person, agency or the public if the agency, political 
 subdivision, or statewide system determines that the access will 
 aid the law enforcement process, promote public health or safety 
 or dispel widespread rumor or unrest.  

    (b) A complainant has access to a statement provided by the 
 complainant to a state agency, statewide system, or political 
 subdivision under paragraph (a). 

    Subd. 2a.    Disclosure of data.  During the time when a 
 civil legal action is determined to be pending under subdivision 
 1, any person may bring an action in the district court in the 
 county where the data is maintained to obtain disclosure of data 
 classified as confidential or protected nonpublic under 
 subdivision 2.  The court may order that all or part of the data 
 be released to the public or to the person bringing the action.  
 In making the determination whether data shall be disclosed, the 
 court shall consider whether the benefit to the person bringing 
 the action or to the public outweighs any harm to the public, 
 the agency, or any person identified in the data.  The data in 
 dispute shall be examined by the court in camera. 

    Subd. 3.    Inactive investigative data.  Inactive civil 
 investigative data are public, unless the release of the data 
 would jeopardize another pending civil legal action, and except 
 for those portions of a civil investigative file that are 
 classified as not public data by this chapter or other law.  Any 
 civil investigative data presented as evidence in court or made 
 part of a court record shall be public.  Civil investigative 
 data become inactive upon the occurrence of any of the following 
 events:  

    (1) a decision by the state agency, political subdivision, 
 or statewide system or by the chief attorney acting for the 
 state agency, political subdivision, or statewide system not to 
 pursue the civil action; 

    (2) expiration of the time to file a complaint under the 
 statute of limitations or agreement applicable to the civil 
 action; or 

    (3) exhaustion of or expiration of rights of appeal by 
 either party to the civil action.  

    Data determined to be inactive under clause (1) may become 
 active if the state agency, political subdivision, statewide 
 system, or its attorney decides to renew the civil action.  

    HIST: 1981 c 311 s 22,39; 1982 c 545 s 11,24; 1985 c 298 s 11; 
 1987 c 351 s 5; 1994 c 618 art 1 s 6,7 

     13.391 Videotapes of child abuse victims. 

    (a) Notwithstanding section 13.04, subdivision 3, an 
 individual subject of data may not obtain a copy of a videotape 
 in which a child victim or alleged victim is alleging, 
 explaining, denying, or describing an act of physical or sexual 
 abuse without a court order under section 13.03, subdivision 6, 
 or 611A.90.  The definitions of physical abuse and sexual abuse 
 in section 626.556, subdivision 2, apply to this section, except 
 that abuse is not limited to acts by a person responsible for 
 the child's care or in a significant relationship with the child 
 or position of authority. 

    (b) This section does not limit other rights of access to 
 data by an individual under section 13.04, subdivision 3, other 
 than the right to obtain a copy of the videotape, nor limit 
 rights of access pursuant to discovery in a court proceeding. 

    HIST: 1995 c 259 art 4 s 2 

     13.40 Library and historical data. 

    Subdivision 1.    Records subject to this chapter.  (a) 
 For purposes of this section, "historical records repository" 
 means an archives or manuscript repository operated by any state 
 agency, statewide system, or political subdivision whose purpose 
 is to collect and maintain data to further the history of a 
 geographic or subject area.  The term does not include the state 
 archives as defined in section 138.17, subdivision 1, clause (5).

    (b) Data collected, maintained, used, or disseminated by a 
 library or historical records repository operated by any state 
 agency, political subdivision, or statewide system shall be 
 administered in accordance with the provisions of this chapter. 

    Subd. 2.    Private data; library borrowers.  (a) Except 
 as provided in paragraph (b), the following data maintained by a 
 library are private data on individuals and may not be disclosed 
 for other than library purposes except pursuant to a court order:

    (1) data that link a library patron's name with materials 
 requested or borrowed by the patron or that link a patron's name 
 with a specific subject about which the patron has requested 
 information or materials; or 

    (2) data in applications for borrower cards, other than the 
 name of the borrower. 

    (b) A library may release reserved materials to a family 
 member or other person who resides with a library patron and who 
 is picking up the material on behalf of the patron.  A patron 
 may request that reserved materials be released only to the 
 patron. 

    Subd. 3.    Nongovernmental data.  Data held in the 
 custody of a historical records repository that were not 
 originally created, received, maintained, or disseminated by a 
 state agency, statewide system, or political subdivision are not 
 government data.  These data are accessible to the public unless:

    (1) the data are contributed by private persons under an 
 agreement that restricts access, to the extent of any lawful 
 limitation; or 

    (2) access would significantly endanger the physical or 
 organizational integrity of the data. 

    HIST: 1980 c 603 s 21; 1981 c 311 s 39; 1982 c 545 s 6,24; 
 1991 c 319 s 3; 1992 c 499 art 10 s 1; 1996 c 440 art 1 s 7 

     13.41 Licensing data. 

    Subdivision 1.    Definition.  As used in this section 
 "licensing agency" means any board, department or agency of this 
 state which is given the statutory authority to issue 
 professional or other types of licenses, except the various 
 agencies primarily administered by the commissioner of human 
 services.  Data pertaining to persons or agencies licensed or 
 registered under authority of the commissioner of human services 
 shall be administered pursuant to section 13.46, subdivision 4. 

    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. 

    Subd. 2a.    Board of peace officer standards and 
 training.  The following government data of the board of peace 
 officer standards and training are private data: 

    (1) home addresses of licensees and applicants for 
 licenses; and 

    (2) data that identify the state agency, statewide system, 
 or political subdivision that employs a licensed peace officer. 

    The board may disseminate private data on applicants and 
 licensees as is necessary to administer law enforcement 
 licensure or to provide data under section 626.845, subdivision 
 1, to law enforcement agencies who are conducting employment 
 background investigations. 

    Subd. 3.    Confidential data.  The following data 
 collected, created or maintained by any licensing agency are 
 classified as confidential, pursuant to section 13.02, 
 subdivision 3:  active investigative data relating to the 
 investigation of complaints against any licensee.  

    Subd. 4.    Public data.  Licensing agency minutes, 
 application data on licensees, orders for hearing, findings of 
 fact, conclusions of law and specification of the final 
 disciplinary action contained in the record of the disciplinary 
 action are classified as public, pursuant to section 13.02, 
 subdivision 15.  The entire record concerning the disciplinary 
 proceeding is public data pursuant to section 13.02, subdivision 
 15, in those instances where there is a public hearing 
 concerning the disciplinary action.  If the licensee and the 
 licensing agency agree to resolve a complaint without a hearing, 
 the agreement and the specific reasons for the agreement are 
 public data.  The license numbers, the license status, and 
 continuing education records issued or maintained by the board 
 of peace officer standards and training are classified as public 
 data, pursuant to section 13.02, subdivision 15. 

    Subd. 5.    Releasing data.  Any licensing agency may 
 make any data classified as private or confidential pursuant to 
 this section accessible to an appropriate person or agency if 
 the licensing agency determines that failure to make the data 
 accessible is likely to create a clear and present danger to 
 public health or safety.  

    HIST: 1981 c 311 s 27,39; 1982 c 545 s 12-14,24; 1984 c 436 s 
 16; 1984 c 654 art 5 s 58; 1987 c 351 s 6; 1990 c 573 s 5; 1993 
 c 351 s 5; 1994 c 618 art 1 s 8; 1997 c 214 s 1; 1Sp1997 c 3 s 4 

     13.42 Medical data. 

    Subdivision 1.    Definition.  As used in this section:  
 (a) "Directory information" means name of the patient, date 
 admitted, and general condition. 

    (b) "Medical data" means data collected because an 
 individual was or is a patient or client of a hospital, nursing 
 home, medical center, clinic, health or nursing agency operated 
 by a state agency or political subdivision including business 
 and financial records, data provided by private health care 
 facilities, and data provided by or about relatives of the 
 individual. 

    Subd. 2.    Public hospitals; directory information.  (a)
 During the time that a person is a patient in a hospital 
 operated by a state agency or political subdivision under legal 
 commitment, directory information is public data.  After the 
 person is released by termination of the person's legal 
 commitment, the directory information is private data on 
 individuals.  

    (b) If a person is a patient other than pursuant to 
 commitment in a hospital controlled by a state agency or 
 political subdivision, directory information is public data 
 unless the patient requests otherwise, in which case it is 
 private data on individuals.  

    (c) Directory information about an emergency patient who is 
 unable to communicate which is public under this subdivision 
 shall not be released until a reasonable effort is made to 
 notify the next of kin.  Although an individual has requested 
 that directory information be private, the hospital may release 
 directory information to a law enforcement agency pursuant to a 
 lawful investigation pertaining to that individual. 

    Subd. 3.    Classification of medical data.  Unless the 
 data is summary data or a statute specifically provides a 
 different classification, medical data are private but are 
 available only to the subject of the data as provided in section 
 144.335, and shall not be disclosed to others except: 

    (a) Pursuant to section 13.05; 

    (b) Pursuant to section 253B.0921; 

    (c) Pursuant to a valid court order; 

    (d) To administer federal funds or programs; 

    (e) To the surviving spouse, parents, children, and 
 siblings of a deceased patient or client or, if there are no 
 surviving spouse, parents, children, or siblings, to the 
 surviving heirs of the nearest degree of kindred; 

    (f) To communicate a patient's or client's condition to a 
 family member or other appropriate person in accordance with 
 acceptable medical practice, unless the patient or client 
 directs otherwise; or 

    (g) As otherwise required by law. 

    HIST: 1979 c 328 s 16; 1980 c 603 s 27,28; 1981 c 311 s 16,39; 
 1982 c 545 s 24; 1989 c 175 s 1; 1995 c 189 s 1; 1996 c 440 art 
 1 s 8,9; 1997 c 217 art 1 s 1,2 

     13.43 Personnel data. 

    Subdivision 1.    Definition.  As used in this section, 
 "personnel data" means data on individuals collected because the 
 individual is or was an employee of or an applicant for 
 employment by, performs services on a voluntary basis for, or 
 acts as an independent contractor with a state agency, statewide 
 system or political subdivision or is a member of or an 
 applicant for an advisory board or commission. 

    Subd. 2.    Public data.  (a) Except for employees 
 described in subdivision 5, the following personnel data on 
 current and former employees, volunteers, and independent 
 contractors of a state agency, statewide system, or political 
 subdivision and members of advisory boards or commissions is 
 public: 

    (1) name; actual gross salary; salary range; contract fees; 
 actual gross pension; the value and nature of employer paid 
 fringe benefits; and the basis for and the amount of any added 
 remuneration, including expense reimbursement, in addition to 
 salary; 

    (2) job title; job description; education and training 
 background; and previous work experience; 

    (3) date of first and last employment; 

    (4) the existence and status of any complaints or charges 
 against the employee, regardless of whether the complaint or 
 charge resulted in a disciplinary action; 

    (5) the final disposition of any disciplinary action 
 together with the specific reasons for the action and data 
 documenting the basis of the action, excluding data that would 
 identify confidential sources who are employees of the public 
 body; 

    (6) the terms of any agreement settling any dispute arising 
 out of an employment relationship, including a buyout agreement 
 as defined in section 123.34, subdivision 9a, paragraph (a); 
 except that the agreement must include specific reasons for the 
 agreement if it involves the payment of more than $10,000 of 
 public money; 

    (7) work location; a work telephone number; badge number; 
 and honors and awards received; and 

    (8) payroll time sheets or other comparable data that are 
 only used to account for employee's work time for payroll 
 purposes, except to the extent that release of time sheet data 
 would reveal the employee's reasons for the use of sick or other 
 medical leave or other not public data; and city and county of 
 residence. 

    (b) For purposes of this subdivision, a final disposition 
 occurs when the state agency, statewide system, or political 
 subdivision makes its final decision about the disciplinary 
 action, regardless of the possibility of any later proceedings 
 or court proceedings.  In the case of arbitration proceedings 
 arising under collective bargaining agreements, a final 
 disposition occurs at the conclusion of the arbitration 
 proceedings, or upon the failure of the employee to elect 
 arbitration within the time provided by the collective 
 bargaining agreement.  Final disposition includes a resignation 
 by an individual when the resignation occurs after the final 
 decision of the state agency, statewide system, political 
 subdivision, or arbitrator. 

    (c) The state agency, statewide system, or political 
 subdivision may display a photograph of a current or former 
 employee to a prospective witness as part of the state agency's, 
 statewide system's, or political subdivision's investigation of 
 any complaint or charge against the employee. 

    (d) A complainant has access to a statement provided by the 
 complainant to a state agency, statewide system, or political 
 subdivision in connection with a complaint or charge against an 
 employee. 

    (e) Notwithstanding paragraph (a), clause (5), upon 
 completion of an investigation of a complaint or charge against 
 a public official, or if a public official resigns or is 
 terminated from employment while the complaint or charge is 
 pending, all data relating to the complaint or charge are 
 public, unless access to the data would jeopardize an active 
 investigation or reveal confidential sources.  For purposes of 
 this paragraph, "public official" means: 

    (1) the head of a state agency and deputy and assistant 
 state agency heads; 

    (2) members of boards or commissions required by law to be 
 appointed by the governor or other elective officers; and 

    (3) executive or administrative heads of departments, 
 bureaus, divisions, or institutions. 

    Subd. 2a.    Data disclosure by statewide pension plans. 
  Notwithstanding any law to the contrary, with respect to data 
 collected and maintained on members, survivors, and 
 beneficiaries by statewide retirement systems that is classified 
 as public data in accordance with subdivision 2, those 
 retirement systems may be only required to disclose name, gross 
 pension, and type of benefit awarded, except as required by 
 sections 13.03, subdivisions 4 and 6; and 13.05, subdivisions 4 
 and 9.  

    Subd. 3.    Applicant data.  Except for applicants 
 described in subdivision 5, the following personnel data on 
 current and former applicants for employment by a state agency, 
 statewide system or political subdivision or appointment to an 
 advisory board or commission is public:  veteran status; 
 relevant test scores; rank on eligible list; job history; 
 education and training; and work availability.  Names of 
 applicants shall be private data except when certified as 
 eligible for appointment to a vacancy or when applicants are 
 considered by the appointing authority to be finalists for a 
 position in public employment.  For purposes of this 
 subdivision, "finalist" means an individual who is selected to 
 be interviewed by the appointing authority prior to selection.  
 Names and home addresses of applicants for appointment to and 
 members of an advisory board or commission are public. 

    Subd. 4.    Other data.  All other personnel data is 
 private data on individuals but may be released pursuant to a 
 court order.  

    Subd. 5.    Undercover law enforcement officer.  All 
 personnel data maintained by any state agency, statewide system 
 or political subdivision relating to an individual employed as 
 or an applicant for employment as an undercover law enforcement 
 officer are private data on individuals.  When the individual is 
 no longer assigned to an undercover position, the data described 
 in subdivisions 2 and 3 become public unless the law enforcement 
 agency determines that revealing the data would threaten the 
 personal safety of the officer or jeopardize an active 
 investigation.  

    Subd. 6.    Access by labor organizations.  Personnel 
 data may be disseminated to labor organizations to the extent 
 that the responsible authority determines that the dissemination 
 is necessary to conduct elections, notify employees of fair 
 share fee assessments, and implement the provisions of chapters 
 179 and 179A.  Personnel data shall be disseminated to labor 
 organizations and to the bureau of mediation services to the 
 extent the dissemination is ordered or authorized by the 
 commissioner of the bureau of mediation services.  

    Subd. 7.    Employee assistance data.  All data 
 created, collected or maintained by any state agency or 
 political subdivision to administer employee assistance programs 
 similar to the one authorized by section 16B.39, subdivision 2, 
 are classified as private, pursuant to section 13.02, 
 subdivision 12.  This section shall not be interpreted to 
 authorize the establishment of employee assistance programs.  

    Subd. 8.    Harassment data.  When allegations of sexual 
 or other types of harassment are made against an employee, the 
 employee does not have access to data that would identify the 
 complainant or other witnesses if the responsible authority 
 determines that the employee's access to that data would: 

    (1) threaten the personal safety of the complainant or a 
 witness; or 

    (2) subject the complainant or witness to harassment. 

    If a disciplinary proceeding is initiated against the 
 employee, data on the complainant or witness shall be available 
 to the employee as may be necessary for the employee to prepare 
 for the proceeding. 

    Subd. 9.    Peer counseling debriefing data.  (a) Data 
 acquired by a peer group member in a public safety peer 
 counseling debriefing is private data on the person being 
 debriefed. 

    (b) For purposes of this subdivision, "public safety peer 
 counseling debriefing" means a group process oriented debriefing 
 session held for peace officers, firefighters, medical emergency 
 persons, dispatchers, or other persons involved with public 
 safety emergency services, that is established by any agency 
 providing public safety emergency services and is designed to 
 help a person who has suffered an occupation-related traumatic 
 event begin the process of healing and effectively dealing with 
 posttraumatic stress. 

    Subd. 10.    Prohibition on agreements limiting disclosure 
 or discussion of personnel data.  (a) A state agency, 
 statewide system, or political subdivision may not enter into an 
 agreement settling a dispute arising out of the employment 
 relationship with the purpose or effect of limiting access to or 
 disclosure of personnel data or limiting the discussion of 
 information or opinions related to personnel data.  An agreement 
 or portion of an agreement that violates this paragraph is void 
 and unenforceable. 

    (b) Paragraph (a) applies to the following, but only to the 
 extent that the data or information could otherwise be made 
 accessible to the public: 

    (1) an agreement not to discuss, publicize, or comment on 
 personnel data or information; 

    (2) an agreement that limits the ability of the subject of 
 personnel data to release or consent to the release of data; or 

    (3) any other provision of an agreement that has the effect 
 of limiting the disclosure or discussion of information that 
 could otherwise be made accessible to the public, except a 
 provision that limits the ability of an employee to release or 
 discuss private data that identifies other employees. 

    (c) Paragraph (a) also applies to a court order that 
 contains terms or conditions prohibited by paragraph (a). 

    Subd. 11.    Protection of employee or others.  (a) If 
 the responsible authority or designee of a state agency, 
 statewide system, or political subdivision reasonably determines 
 that the release of personnel data is necessary to protect an 
 employee from harm to self or to protect another person who may 
 be harmed by the employee, data that are relevant to the 
 concerns for safety may be released as provided in this 
 subdivision. 

    (b) The data may be released: 

    (1) to the person who may be harmed and to an attorney 
 representing the person when the data are relevant to obtaining 
 a restraining order; 

    (2) to a prepetition screening team conducting an 
 investigation of the employee under section 253B.07, subdivision 
 1; or 

    (3) to a court, law enforcement agency, or prosecuting 
 authority. 

    (c) Section 13.03, subdivision 4, paragraph (c), applies to 
 data released under this subdivision, except to the extent that 
 the data have a more restrictive classification in the 
 possession of the agency or authority that receives the data.  
 If the person who may be harmed or the person's attorney 
 receives data under this subdivision, the data may be used or 
 released further only to the extent necessary to protect the 
 person from harm. 

    Subd. 12.    Sharing of law enforcement personnel 
 background investigation data.  A law enforcement agency shall 
 share data from a background investigation done under section 
 626.87 with the peace officer standards and training board or 
 with a law enforcement agency doing an investigation of the 
 subject of the data under section 626.87. 

    HIST: 1979 c 328 s 17; 1980 c 603 s 24,25,29; 1981 c 311 s 
 12,13,17,39; 1982 c 545 s 9,10,24; 1984 c 436 s 17; 1984 c 544 s 
 89; 1985 c 298 s 12; 1987 c 186 s 15; 1987 c 284 art 1 s 1; 1987 
 c 351 s 7; 1987 c 384 art 1 s 2; 1988 c 598 s 1; 1990 c 550 s 1; 
 1991 c 319 s 4-6; 1993 c 351 s 6,7; 1994 c 618 art 1 s 9; 1995 c 
 259 art 1 s 7-9; 1Sp1995 c 3 art 9 s 1; 1996 c 440 art 1 s 10-12; 1997 c 
 214 s 2 

     13.44 Property complaint data. 

    The identities of individuals who register complaints with 
 state agencies or political subdivisions concerning violations 
 of state laws or local ordinances concerning the use of real 
 property are classified as confidential data, pursuant to 
 section 13.02, subdivision 3.  

    HIST: 1980 c 603 s 20; 1981 c 311 s 39; 1982 c 545 s 5,24; 
 1984 c 436 s 18 

     13.45 Salary benefit survey data. 

    Salary and personnel benefit survey data purchased from 
 consulting firms, nonprofit corporations or associations or 
 obtained from employers with the written understanding that the 
 data shall not be made public which is maintained by state 
 agencies, political subdivisions or statewide systems are 
 classified as nonpublic pursuant to section 13.02, subdivision 9.

    HIST: 1981 c 311 s 19,39; 1982 c 545 s 24 

     13.46 Welfare data. 

    Subdivision 1.    Definitions.  As used in this section: 

    (a) "Individual" means an individual according to section 
 13.02, subdivision 8, but does not include a vendor of services. 

    (b) "Program" includes all programs for which authority is 
 vested in a component of the welfare system according to statute 
 or federal law, including, but not limited to, aid to families 
 with dependent children, Minnesota family investment 
 program-statewide, medical assistance, general assistance, 
 general assistance medical care, and child support collections.  

    (c) "Welfare system" includes the department of human 
 services, local social services agencies, county welfare 
 agencies, the public authority responsible for child support 
 enforcement, human services boards, community mental health 
 center boards, state hospitals, state nursing homes, the 
 ombudsman for mental health and mental retardation, and persons, 
 agencies, institutions, organizations, and other entities under 
 contract to any of the above agencies to the extent specified in 
 the contract. 

    (d) "Mental health data" means data on individual clients 
 and patients of community mental health centers, established 
 under section 245.62, mental health divisions of counties and 
 other providers under contract to deliver mental health 
 services, or the ombudsman for mental health and mental 
 retardation. 

    (e) "Fugitive felon" means a person who has been convicted 
 of a felony and who has escaped from confinement or violated the 
 terms of probation or parole for that offense. 

    Subd. 2.    General.  (a) Unless the data is summary 
 data or a statute specifically provides a different 
 classification, data on individuals collected, maintained, used, 
 or disseminated by the welfare system is private data on 
 individuals, and shall not be disclosed except:  

    (1) according to section 13.05; 

    (2) according to court order; 

    (3) according to a statute specifically authorizing access 
 to the private data; 

    (4) to an agent of the welfare system, including a law 
 enforcement person, attorney, or investigator acting for it in 
 the investigation or prosecution of a criminal or civil 
 proceeding relating to the administration of a program; 

    (5) to personnel of the welfare system who require the data 
 to determine eligibility, amount of assistance, and the need to 
 provide services of additional programs to the individual; 

    (6) to administer federal funds or programs; 

    (7) between personnel of the welfare system working in the 
 same program; 

    (8) the amounts of cash public assistance and relief paid 
 to welfare recipients in this state, including their names, 
 social security numbers, income, addresses, and other data as 
 required, upon request by the department of revenue to 
 administer the property tax refund law, supplemental housing 
 allowance, early refund of refundable tax credits, and the 
 income tax.  "Refundable tax credits" means the dependent care 
 credit under section 290.067, the Minnesota working family 
 credit under section 290.0671, the property tax refund under 
 section 290A.04, and, if the required federal waiver or waivers 
 are granted, the federal earned income tax credit under section 
 32 of the Internal Revenue Code; 

    (9) to the Minnesota department of economic security for 
 the purpose of monitoring the eligibility of the data subject 
 for reemployment insurance, for any employment or training 
 program administered, supervised, or certified by that agency, 
 or for the purpose of administering any rehabilitation program, 
 whether alone or in conjunction with the welfare system, and to 
 verify receipt of energy assistance for the telephone assistance 
 plan; 

    (10) to appropriate parties in connection with an emergency 
 if knowledge of the information is necessary to protect the 
 health or safety of the individual or other individuals or 
 persons; 

    (11) data maintained by residential programs as defined in 
 section 245A.02 may be disclosed to the protection and advocacy 
 system established in this state according to Part C of Public 
 Law Number 98-527 to protect the legal and human rights of 
 persons with mental retardation or other related conditions who 
 live in residential facilities for these persons if the 
 protection and advocacy system receives a complaint by or on 
 behalf of that person and the person does not have a legal 
 guardian or the state or a designee of the state is the legal 
 guardian of the person; 

    (12) to the county medical examiner or the county coroner 
 for identifying or locating relatives or friends of a deceased 
 person; 

    (13) data on a child support obligor who makes payments to 
 the public agency may be disclosed to the higher education 
 services office to the extent necessary to determine eligibility 
 under section 136A.121, subdivision 2, clause (5); 

    (14) participant social security numbers and names 
 collected by the telephone assistance program may be disclosed 
 to the department of revenue to conduct an electronic data match 
 with the property tax refund database to determine eligibility 
 under section 237.70, subdivision 4a; 

    (15) the current address of a recipient of aid to families 
 with dependent children or Minnesota family investment 
 program-statewide may be disclosed to law enforcement officers 
 who provide the name of the recipient and notify the agency that:

    (i) the recipient: 

    (A) is a fugitive felon fleeing to avoid prosecution, or 
 custody or confinement after conviction, for a crime or attempt 
 to commit a crime that is a felony under the laws of the 
 jurisdiction from which the individual is fleeing; or 

    (B) is violating a condition of probation or parole imposed 
 under state or federal law; 

    (ii) the location or apprehension of the felon is within 
 the law enforcement officer's official duties; and 

    (iii)  the request is made in writing and in the proper 
 exercise of those duties; 

    (16) the current address of a recipient of general 
 assistance or general assistance medical care may be disclosed 
 to probation officers and corrections agents who are supervising 
 the recipient and to law enforcement officers who are 
 investigating the recipient in connection with a felony level 
 offense; 

    (17) information obtained from food stamp applicant or 
 recipient households may be disclosed to local, state, or 
 federal law enforcement officials, upon their written request, 
 for the purpose of investigating an alleged violation of the 
 Food Stamp Act, according to Code of Federal Regulations, title 
 7, section 272.1(c); 

    (18) the address, social security number, and, if 
 available, photograph of any member of a household receiving 
 food stamps shall be made available, on request, to a local, 
 state, or federal law enforcement officer if the officer 
 furnishes the agency with the name of the member and notifies 
 the agency that:  

    (i) the member: 

    (A) is fleeing to avoid prosecution, or custody or 
 confinement after conviction, for a crime or attempt to commit a 
 crime that is a felony in the jurisdiction the member is 
 fleeing; 

    (B) is violating a condition of probation or parole imposed 
 under state or federal law; or 

    (C) has information that is necessary for the officer to 
 conduct an official duty related to conduct described in subitem 
 (A) or (B); 

    (ii) locating or apprehending the member is within the 
 officer's official duties; and 

    (iii) the request is made in writing and in the proper 
 exercise of the officer's official duty; 

    (19) certain information regarding child support obligors 
 who are in arrears may be made public according to section 
 518.575; 

    (20) data on child support payments made by a child support 
 obligor, data on the enforcement actions undertaken by the 
 public authority and the status of those actions, and data on 
 the income of the obligor or obligee may be disclosed to the 
 other party; 

    (21) data in the work reporting system may be disclosed 
 under section 256.998, subdivision 7; 

    (22) to the department of children, families, and learning 
 for the purpose of matching department of children, families, 
 and learning student data with public assistance data to 
 determine students eligible for free and reduced price meals, 
 meal supplements, and free milk according to United States Code, 
 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
 produce accurate numbers of students receiving aid to families 
 with dependent children or Minnesota family investment 
 program-statewide as required by section 124.175; and to 
 allocate federal and state funds that are distributed based on 
 income of the student's family; 

    (23) the current address and telephone number of program 
 recipients and emergency contacts may be released to the 
 commissioner of health or a local board of health as defined in 
 section 145A.02, subdivision 2, when the commissioner or local 
 board of health has reason to believe that a program recipient 
 is a disease case, carrier, suspect case, or at risk of illness, 
 and the data are necessary to locate the person; or 

    (24) to other state agencies, statewide systems, and 
 political subdivisions of this state, including the attorney 
 general, 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) Information on persons who have been treated for drug 
 or alcohol abuse may only be disclosed according to the 
 requirements of Code of Federal Regulations, title 42, sections 
 2.1 to 2.67. 

    (c) Data provided to law enforcement agencies under 
 paragraph (a), clause (15), (16), (17), or (18), or paragraph 
 (b), are investigative data and are confidential or protected 
 nonpublic while the investigation is active.  The data are 
 private after the investigation becomes inactive under section 
 13.82, subdivision 5, paragraph (a) or (b). 

    (d) Mental health data shall be treated as provided in 
 subdivisions 7, 8, and 9, but is not subject to the access 
 provisions of subdivision 10, paragraph (b). 

    Subd. 3.    Investigative data.  Data on persons, 
 including data on vendors of services and data on licensees, 
 that is collected, maintained, used, or disseminated by the 
 welfare system in an investigation, authorized by statute and 
 relating to the enforcement of rules or law, is confidential 
 data on individuals pursuant to section 13.02, subdivision 3, or 
 protected nonpublic data not on individuals pursuant to section 
 13.02, subdivision 13, and shall not be disclosed except: 

    (a) pursuant to section 13.05; 

    (b) pursuant to statute or valid court order; 

    (c) to a party named in a civil or criminal proceeding, 
 administrative or judicial, for preparation of defense; or 

    (d) to provide notices required or permitted by statute. 

    The data referred to in this subdivision shall be 
 classified as public data upon its submission to an 
 administrative law judge or court in an administrative or 
 judicial proceeding.  Inactive welfare investigative data shall 
 be treated as provided in section 13.39, subdivision 3.  

    Subd. 4.    Licensing data.  (a) As used in this 
 subdivision: 

    (1) "licensing data" means all data collected, maintained, 
 used, or disseminated by the welfare system pertaining to 
 persons licensed or registered or who apply for licensure or 
 registration or who formerly were licensed or registered under 
 the authority of the commissioner of human services; 

    (2) "client" means a person who is receiving services from 
 a licensee or from an applicant for licensure; and 

    (3) "personal and personal financial data" means social 
 security numbers, identity of and letters of reference, 
 insurance information, reports from the bureau of criminal 
 apprehension, health examination reports, and social/home 
 studies. 

    (b) Except as provided in paragraph (c), the following data 
 on current and former licensees are public:  name, address, 
 telephone number of licensees, licensed capacity, type of client 
 preferred, variances granted, type of dwelling, name and 
 relationship of other family members, previous license history, 
 class of license, and the existence and status of complaints.  
 When disciplinary action has been taken against a licensee or 
 the complaint is resolved, the following data are public:  the 
 substance of the complaint, the findings of the investigation of 
 the complaint, the record of informal resolution of a licensing 
 violation, orders of hearing, findings of fact, conclusions of 
 law, and specifications of the final disciplinary action 
 contained in the record of disciplinary action.  

    The following data on persons subject to disqualification 
 under section 245A.04 in connection with a license to provide 
 family day care for children, child care center services, foster 
 care for children in the provider's home, or foster care or day 
 care services for adults in the provider's home, are public:  
 the nature of any disqualification set aside under section 
 245A.04, subdivision 3b, and the reasons for setting aside the 
 disqualification; and the reasons for granting any variance 
 under section 245A.04, subdivision 9. 

    (c) The following are private data on individuals under 
 section 13.02, subdivision 12, or nonpublic data under section 
 13.02, subdivision 9:  personal and personal financial data on 
 family day care program and family foster care program 
 applicants and licensees and their family members who provide 
 services under the license. 

    (d) The following are private data on individuals:  the 
 identity of persons who have made reports concerning licensees 
 or applicants that appear in inactive investigative data, and 
 the records of clients or employees of the licensee or applicant 
 for licensure whose records are received by the licensing agency 
 for purposes of review or in anticipation of a contested 
 matter.  The names of reporters under sections 626.556 and 
 626.557 may be disclosed only as provided in section 626.556, 
 subdivision 11, or 626.557, subdivision 12b. 

    (e) Data classified as private, confidential, nonpublic, or 
 protected nonpublic under this subdivision become public data if 
 submitted to a court or administrative law judge as part of a 
 disciplinary proceeding in which there is a public hearing 
 concerning the disciplinary action. 

    (f) Data generated in the course of licensing 
 investigations that relate to an alleged violation of law are 
 investigative data under subdivision 3. 

    (g) Data that are not public data collected, maintained, 
 used, or disseminated under this subdivision that relate to or 
 are derived from a report as defined in section 626.556, 
 subdivision 2, are subject to the destruction provisions of 
 section 626.556, subdivision 11. 

    Subd. 5.    Medical data; contracts.  Data relating to 
 the medical, psychiatric, or mental health of any individual, 
 including diagnosis, progress charts, treatment received, case 
 histories, and opinions of health care providers, that is 
 collected, maintained, used, or disseminated by any agency to 
 the welfare system is private data on individuals and will be 
 available to the data subject, unless the private health care 
 provider has clearly requested in writing that the data be 
 withheld pursuant to section 144.335.  Data on individuals that 
 is collected, maintained, used, or disseminated by a private 
 health care provider under contract to any agency of the welfare 
 system is private data on individuals, and is subject to the 
 provisions of sections 13.02 to 13.07 and this section, except 
 that the provisions of section 13.04, subdivision 3, shall not 
 apply.  Access to medical data referred to in this subdivision 
 by the individual who is the subject of the data is subject to 
 the provisions of section 144.335.  Access to information that 
 is maintained by the public authority responsible for support 
 enforcement and that is needed to enforce medical support is 
 subject to the provisions of section 518.171. 

    Subd. 6.    Other data.  Data collected, used, 
 maintained, or disseminated by the welfare system that is not 
 data on individuals is public pursuant to section 13.03, except 
 the following data:  

    (a) investigative data classified by section 13.39; 

    (b) welfare investigative data classified by section 13.46, 
 subdivision 3; and 

    (c) security information classified by section 13.37, 
 subdivision 2. 

    Subd. 7.    Mental health center data.  (a) Mental 
 health data are private data on individuals and shall not be 
 disclosed, except:  

    (1) pursuant to section 13.05, as determined by the 
 responsible authority for the community mental health center, 
 mental health division, or provider; 

    (2) pursuant to court order; 

    (3) pursuant to a statute specifically authorizing access 
 to or disclosure of mental health data; or 

    (4) with the consent of the client or patient.  

    (b) An agency of the welfare system may not require an 
 individual to consent to the release of mental health data as a 
 condition for receiving services or for reimbursing a community 
 mental health center, mental health division of a county, or 
 provider under contract to deliver mental health services. 

    Subd. 8.    Access for auditing.  To the extent required 
 by state or federal law, representatives of federal, state, or 
 local agencies shall have access to data maintained by public or 
 private community mental health centers, mental health divisions 
 of counties, and other providers under contract to deliver 
 mental health services which is necessary to achieve the purpose 
 of auditing.  Public or private community mental health centers, 
 mental health divisions of counties, and other providers under 
 contract to deliver mental health services shall not permit this 
 data to identify any particular patient or client by name or 
 contain any other unique personal identifier, except data 
 provided to the legislative auditor.  Notwithstanding any 
 statute or rule to the contrary, and solely for the purposes of 
 conducting an audit approved by the legislative audit commission 
 in 1988, the legislative auditor shall be given access to all 
 data, records, and files classified as not public.  The 
 legislative auditor shall maintain all data collected under this 
 subdivision in accordance with chapter 13 and may not disclose 
 data that identify a patient or client by name or that contain 
 any other personal identifier. 

    Subd. 9.    Fraud.  In cases of suspected fraud, in 
 which access to mental health data maintained by public or 
 private community mental health centers or mental health 
 divisions of counties and other providers under contract to 
 deliver mental health services is necessary to a proper 
 investigation, the county board or the appropriate prosecutorial 
 authority shall refer the matter to the commissioner of human 
 services.  The commissioner and agents of the commissioner, 
 while maintaining the privacy rights of individuals and 
 families, shall have access to mental health data to conduct an 
 investigation.  Upon deeming it appropriate as a result of the 
 investigation, the commissioner shall refer the matter to the 
 appropriate legal authorities and may disseminate to those 
 authorities whatever mental health data are necessary to 
 properly prosecute the case. 

    Subd. 10.    Responsible authority.  (a) Notwithstanding 
 any other provision of this chapter to the contrary, the 
 responsible authority for each component of the welfare system 
 listed in subdivision 1, clause (c), shall be as follows:  

    (1) the responsible authority for the department of human 
 services, state hospitals, and nursing homes is the commissioner 
 of the department of human services; 

    (2) the responsible authority of a county welfare agency is 
 the director of the county welfare agency; 

    (3) the responsible authority for a local social services 
 agency, human services board, or community mental health center 
 board is the chair of the board; 

    (4) the responsible authority of any person, agency, 
 institution, organization, or other entity under contract to any 
 of the components of the welfare system listed in subdivision 1, 
 clause (c), is the person specified in the contract; and 

    (5) the responsible authority of the public authority for 
 child support enforcement is the head of the public authority 
 for child support enforcement.  

    (b) A responsible authority shall allow another responsible 
 authority in the welfare system access to data classified as not 
 public data when access is necessary for the administration and 
 management of programs, or as authorized or required by statute 
 or federal law. 

    Subd. 11.    Nursing home appraisals.  Names, addresses, 
 and other data that could identify nursing homes selected as 
 part of a random sample to be appraised by the department of 
 human services in its rate setting process are classified as 
 protected nonpublic data until the sample has been completed.  

    HIST: 1979 c 328 s 15; 1980 c 603 s 23; 1980 c 615 s 34; 1981 
 c 311 s 39; 1982 c 545 s 8,24; 1983 c 15 s 1; 1983 c 312 art 8 s 
 1; 1984 c 436 s 19-24; 1984 c 579 s 1-5; 1984 c 640 s 32; 1984 c 
 654 art 5 s 58; 1985 c 293 s 1,2; 1985 c 298 s 13-17; 1986 c 337 
 s 1; 1986 c 444; 1987 c 333 s 22; 1987 c 351 s 8-11; 1987 c 352 
 s 1; 1988 c 598 s 3; 1989 c 209 art 1 s 4; art 2 s 2; 1989 c 282 
 art 5 s 1; 1989 c 351 s 6; 1990 c 568 art 3 s 1; 1990 c 573 s 
 6,7; 1991 c 292 art 5 s 1; 1993 c 171 s 1; 1993 c 351 s 8-10; 
 1994 c 483 s 1; 1994 c 488 s 8; 1994 c 618 art 1 s 10,11; 1994 c 
 630 art 11 s 2; 1994 c 631 s 31; 1994 c 636 art 4 s 2; 1995 c 
 178 art 3 s 1; 1995 c 212 art 3 s 59; 1995 c 229 art 4 s 1; 1995 
 c 257 art 1 s 1; 1995 c 259 art 1 s 10-12; 1996 c 412 art 1 s 1; 
 1996 c 440 art 1 s 13; 1997 c 85 art 4 s 1,2; 1997 c 203 art 6 s 
 1; 1Sp1997 c 3 s 5 

     13.47 Employment and training data. 

    Subdivision 1.    Definition.  (a) "Employment and 
 training data" means data on individuals collected, maintained, 
 used, or disseminated because an individual applies for, is 
 currently enrolled in, or has been enrolled in employment and 
 training programs funded with federal, state, or local resources.

    (b) "Employment and training service provider" means an 
 administrative entity certified by the commissioner of economic 
 security to deliver employment and training services under 
 section 268.0122, subdivision 3, or an organization that 
 contracts with a certified administrative entity or the 
 department of economic security to deliver employment and 
 training services. 

    Subd. 2.    Classification.  Employment and training 
 data are private data on individuals. 

    Subd. 3.    Dissemination.  Employment and training data 
 may be disseminated: 

    (a) to other employment and training service providers to 
 coordinate the employment and training services for the data 
 subject or to determine eligibility or suitability for services 
 from other programs; 

    (b) to local and state welfare agencies for monitoring the 
 eligibility of the participant for assistance programs, or for 
 any employment or training program administered by those 
 agencies. 

    HIST: 1988 c 598 s 2; 1994 c 483 s 1 

     13.48 Award data. 

    Financial data on business entities submitted to a state 
 agency, statewide system, or political subdivision for the 
 purpose of presenting awards to business entities for 
 achievements in business development or performance are private 
 data on individuals or nonpublic data. 

    HIST: 1991 c 319 s 7 

     13.49 Social security numbers. 

    Subdivision 1.    General.  The social security numbers 
 of individuals collected or maintained by a state agency, 
 statewide system, or political subdivision are private data on 
 individuals, except to the extent that access to the social 
 security number is specifically authorized by law. 

    Subd. 2.    County recorder or registrar of titles.  
 Subdivision 1 does not apply to social security numbers that 
 appear in documents or records filed or recorded with the county 
 recorder or registrar of titles, other than documents filed 
 under section 600.23. 

    HIST: 1994 c 618 art 1 s 12; 1995 c 259 art 1 s 13 

     13.50 Appraisal data. 

    Subdivision 1.    Confidential or protected nonpublic 
 data.  Estimated or appraised values of individual parcels of 
 real property which are made by personnel of the state, its 
 agencies and departments, or a political subdivision or by 
 independent appraisers acting for the state, its agencies and 
 departments, or a political subdivision for the purpose of 
 selling or acquiring land through purchase or condemnation are 
 classified as confidential data on individuals or protected 
 nonpublic data. 

    Subd. 2.    Public data.  The data made confidential or 
 protected nonpublic by the provisions of subdivision 1 shall 
 become public upon the occurrence of any of the following:  

    (a) The negotiating parties exchange appraisals; 

    (b) The data are submitted to a court appointed 
 condemnation commissioner; 

    (c) The data are presented in court in condemnation 
 proceedings; or 

    (d) The negotiating parties enter into an agreement for the 
 purchase and sale of the property.  

    HIST: 1981 c 311 s 39; 1982 c 545 s 21,24; 1983 c 143 s 1; 
 1987 c 351 s 12; 1995 c 259 art 1 s 14 

     13.51 Assessor's data. 

    Subdivision 1.    Generally.  The following data 
 collected, created and maintained by political subdivisions are 
 classified as private, pursuant to section 13.02, subdivision 
 12, or nonpublic depending on the content of the specific data:  

    Data contained on sales sheets received from private 
 multiple listing service organizations where the contract with 
 the organizations requires the political subdivision to refrain 
 from making the data available to the public.  

    Subd. 2.    Income property assessment data.  The 
 following data collected by political subdivisions from 
 individuals or business entities concerning income properties 
 are classified as private or nonpublic data pursuant to section 
 13.02, subdivisions 9 and 12: 

    (a) detailed income and expense figures for the current 
 year plus the previous three years; 

    (b) average vacancy factors for the previous three years; 

    (c) verified net rentable areas or net usable areas, 
 whichever is appropriate; 

    (d) anticipated income and expenses for the current year; 

    (e) projected vacancy factor for the current year; and 

    (f) lease information. 

    Subd. 3.    Data on income of individuals.  Income 
 information on individuals collected and maintained by political 
 subdivisions to determine eligibility of property for 
 classification 4c under section 273.13, subdivision 25, 
 paragraph (c), is private data on individuals as defined in 
 section 13.02, subdivision 12. 

    HIST: 1981 c 311 s 30,39; 1982 c 545 s 15,24; 1991 c 291 art 1 
 s 1,2 

     13.511 Lodging tax data. 

    Data, other than basic taxpayer identification data, 
 collected from taxpayers under a lodging tax ordinance are 
 nonpublic. 

    HIST: 1990 c 573 s 8 

     13.52 Deferred assessment data. 

    Any data, collected by political subdivisions pursuant to 
 section 435.193, which indicate the amount or location of cash 
 or other valuables kept in the homes of applicants for deferred 
 assessment, are private data pursuant to section 13.02, 
 subdivision 12.  

    HIST: 1980 c 603 s 16; 1981 c 311 s 39; 1982 c 545 s 24 

     13.521 Transportation service data. 

    Personal, medical, financial, familial, or locational 
 information data pertaining to applicants for or users of 
 services providing transportation for the disabled or elderly, 
 with the exception of the name of the applicant or user of the 
 service, are private. 

    HIST: 1990 c 573 s 9 

     13.528 Hennepin county foster care review team; data 
  access. 

    The foster care policy redesign commission and the foster 
 care review team created by the Hennepin county board of 
 commissioners to review the foster care system shall have access 
 to not public data as defined in Minnesota Statutes, section 
 13.02, subdivision 8a, as provided in this section.  The 
 commission and the team shall have access to not public data on 
 foster care cases.  Access is limited to records created, 
 collected, or maintained by any local social services agency 
 that provided services to a child or a child's family during the 
 five years immediately preceding any out-of-home placement of 
 the child and continuing throughout the period of the placement 
 until the child was returned to the custody of a parent, 
 adopted, or otherwise was no longer the subject of a case plan 
 developed by a county social service agency.  A county social 
 service agency shall provide the not public data described in 
 this section to the foster care review team or the foster care 
 policy redesign commissioner upon request. 

    Not public data received by the foster care review team or 
 the foster care policy redesign commission maintains the same 
 classification in the possession of the team or commission as it 
 had in the possession of the entity providing the data.  Not 
 public data received under this section shall be returned to the 
 entity providing it upon completion of the work of the foster 
 care policy redesign commission and the foster care review team. 

    HIST: 1993 c 351 s 39 

     13.53 Foster care data. 

    The following data collected, created and maintained by a 
 community action agency in a study of the impact of foster care 
 policies on families are classified as confidential data, 
 pursuant to section 13.02, subdivision 3:  names of persons 
 interviewed; foster care placement plans obtained from other 
 public and private agencies; and all information gathered during 
 interviews with study participants.  

    HIST: 1981 c 311 s 28,39; 1982 c 545 s 24 

     13.531 Farm assistance data. 

    The following data collected and maintained by counties 
 that provide assistance to individual farmers who are 
 experiencing economic or emotional distress are classified as 
 private data:  financial history, including listings of assets 
 and debts, and personal and emotional status information.  

    HIST: 1987 c 351 s 13 

     13.54 Housing agency data. 

    Subdivision 1.    Definition.  For purposes of this 
 section "housing agency" means the public housing agency or 
 housing and redevelopment authority of a political subdivision.  

    Subd. 2.    Confidential data.  The following data on 
 individuals maintained by the housing agency are classified as 
 confidential data, pursuant to section 13.02, subdivision 3:  
 correspondence between the agency and the agency's attorney 
 containing data collected as part of an active investigation 
 undertaken for the purpose of the commencement or defense of 
 potential or actual litigation, including but not limited to:  
 referrals to the office of the inspector general or other 
 prosecuting agencies for possible prosecution for fraud; 
 initiation of lease terminations and unlawful detainer actions; 
 admission denial hearings concerning prospective tenants; 
 commencement of actions against independent contractors of the 
 agency; and tenant grievance hearings.  

    Subd. 3.    Protected nonpublic data.  The following 
 data not on individuals maintained by the housing agency are 
 classified as protected nonpublic data, pursuant to section 
 13.02, subdivision 13:  correspondence between the agency and 
 the agency's attorney containing data collected as part of an 
 active investigation undertaken for the purpose of the 
 commencement or defense of potential or actual litigation, 
 including but not limited to, referrals to the office of the 
 inspector general or other prosecuting bodies or agencies for 
 possible prosecution for fraud and commencement of actions 
 against independent contractors of the agency.  

    Subd. 4.    Nonpublic data.  The following data not on 
 individuals maintained by the housing agency are classified as 
 nonpublic data, pursuant to section 13.02, subdivision 9:  all 
 data pertaining to negotiations with property owners regarding 
 the purchase of property.  With the exception of the housing 
 agency's evaluation of properties not purchased, all other 
 negotiation data shall be public at the time of the closing of 
 the property sale.  

    Subd. 5.    Private data on individuals.  Income 
 information on individuals collected and maintained by a housing 
 agency to determine eligibility of property for classification 
 4c under section 273.13, subdivision 25, paragraph (c), is 
 private data on individuals as defined in section 13.02, 
 subdivision 12.  The data may be disclosed to the county and 
 local assessors responsible for determining eligibility of the 
 property for classification 4c. 

    Subd. 6.    Law enforcement access to certain data.  A 
 public housing agency that enters a contract for assistance 
 under United States Code, title 42, sections 1437 to 1440, shall 
 furnish a local, state, or federal law enforcement officer, upon 
 the officer's request, with the current address, social security 
 number, and photograph, if available, of a recipient of 
 assistance under United States Code, title 42, sections 1437 to 
 1440, if the officer: 

    (1) provides the name of the recipient to the housing 
 agency; and 

    (2) notifies the agency that: 

    (i) the recipient: 

    (A) is fleeing to avoid prosecution, or custody or 
 confinement after conviction, under the laws of the jurisdiction 
 from which the individual is fleeing, for a crime which is a 
 felony under the laws of that jurisdiction; 

    (B) is violating a condition of probation or parole imposed 
 under state or federal law; or 

    (C) has information necessary for the officer to conduct 
 the officer's official duties; 

    (ii) the location or apprehension of the individual is 
 within the officer's official duties; and 

    (iii) the request is made in writing and in the proper 
 exercise of the officer's official duties. 

    HIST: 1981 c 311 s 32,39; 1982 c 545 s 24; 1991 c 291 art 1 s 
 3; 1Sp1997 c 3 s 6 

     13.541 Emergency services for homeless persons; private 
  data. 

    (a) "Grant recipient" includes a local government unit or 
 nonprofit organization that receives grants from a state agency 
 to provide emergency services for homeless persons. 

    (b) Data on individuals maintained by a grant recipient 
 from which the identity of any individual receiving emergency 
 services may be determined are private data on individuals and 
 the grant recipient shall maintain the data in accordance with 
 this chapter. 

    HIST: 1Sp1997 c 3 s 7 

     13.55 Convention center data. 

    Subdivision 1.    Not public classification.  The 
 following data received, created, or maintained by or for 
 publicly owned and operated convention facilities, civic center 
 authorities, or the metropolitan sports facilities commission 
 are classified as nonpublic data pursuant to section 13.02, 
 subdivision 9; or private data on individuals pursuant to 
 section 13.02, subdivision 12:  

    (a) a letter or other documentation from any person who 
 makes inquiry to or who is contacted by the facility regarding 
 the availability of the facility for staging events; 

    (b) identity of firms and corporations which contact the 
 facility; 

    (c) type of event which they wish to stage in the facility; 

    (d) suggested terms of rentals; and 

    (e) responses of authority staff to these inquiries. 

    Subd. 2.    Public data.  The data made not public by 
 the provisions of subdivision 1 shall become public upon the 
 occurrence of any of the following:  

    (a) five years elapse from the date on which the lease or 
 contract is entered into between the facility and the inquiring 
 party or parties or the event which was the subject of inquiry 
 occurs at the facility, whichever occurs earlier; 

    (b) the event which was the subject of inquiry does not 
 occur; or 

    (c) the event which was the subject of inquiry occurs 
 elsewhere. 

    Subd. 3.    Exhibitor data.  The names, addresses, and 
 contact persons for individual exhibitors at an exhibition may 
 be withheld at the discretion of the facility to protect the 
 competitive position of the facility or its customers. 

    HIST: 1981 c 311 s 39; 1982 c 545 s 19,24; 1991 c 319 s 8 

     13.551 Port authority data. 

    Subdivision 1.    Saint Paul port authority.  The 
 following data not on individuals collected and maintained by 
 the Saint Paul port authority are classified as protected 
 nonpublic, until 30 days before the date of a hearing on a 
 proposed sale pursuant to section 469.065:  financial studies 
 and reports that are part of appraisers' estimates of value of 
 or concerning projects as defined in chapter 474, prepared by 
 personnel of the port authority or independent accountants, 
 consultants, and appraisers for the purpose of marketing by sale 
 or lease a project which the port authority has acquired or 
 repossessed as the result of the default under and the 
 termination of a revenue agreement as defined in chapter 474. 

    Subd. 2.    Red Wing port authority.  Data maintained by 
 the Red Wing port authority that pertain to negotiations with 
 property owners regarding the purchase of property are nonpublic 
 data not on individuals.  With the exception of the authority's 
 evaluation of properties not purchased, all other negotiation 
 data become public at the time of the closing of the property 
 sale. 

    HIST: 1987 c 351 s 14; 1989 c 209 art 2 s 1; 1995 c 259 art 1 
 s 15 

     13.552 Human rights data. 

    Data maintained by the human rights department of a 
 political subdivision, including human rights investigative data 
 and data contained in closed or open case files, are classified 
 the same as and administered in accordance with chapter 363. 

    HIST: 1989 c 351 s 7 

     13.56 Sexual assault data. 

    Subdivision 1.    Definitions.  (a) "Community-based 
 program" means any office, institution, or center offering 
 assistance to victims of sexual assault and their families 
 through crisis intervention, medical, and legal accompaniment 
 and subsequent counseling.  

    (b) "Sexual assault counselor" means a person who has 
 undergone at least 40 hours of crisis counseling training and 
 works under the direction of a supervisor in a crisis center, 
 whose primary purpose is the rendering of advice, counseling, or 
 assistance to victims of sexual assault.  

    (c) "Victim" means a person who consults a sexual assault 
 counselor for the purpose of securing advice, counseling, or 
 assistance concerning a mental, physical, or emotional condition 
 caused by a sexual assault.  

    (d) "Sexual assault communication data" means all 
 information transmitted in confidence between a victim of sexual 
 assault and a sexual assault counselor and all other information 
 received by the sexual assault counselor in the course of 
 providing assistance to the victim.  The victim shall be deemed 
 the subject of sexual assault communication data.  

    Subd. 2.    Classification.  All sexual assault 
 communication data is classified as private data on individuals. 

    HIST: 1981 c 311 s 39; 1982 c 545 s 24; 1982 c 558 s 2 

     13.57 Social recreational data. 

    The following data collected and maintained by political 
 subdivisions for the purpose of enrolling individuals in 
 recreational and other social programs are classified as 
 private, pursuant to section 13.02, subdivision 12:  the name, 
 address, telephone number, any other data that identifies the 
 individual, and any data which describes the health or medical 
 condition of the individual, family relationships and living 
 arrangements of an individual or which are opinions as to the 
 emotional makeup or behavior of an individual. 

    HIST: 1981 c 311 s 21,39; 1982 c 545 s 24; 1994 c 618 art 1 s 
 13 

  13.58 Repealed, 1987 c 268 art 6 s 53 

     13.59 Redevelopment data. 

    Subdivision 1.    Private data.  The following data 
 collected in surveys of individuals conducted by cities and 
 housing and redevelopment authorities for the purposes of 
 planning, development, and redevelopment, are classified as 
 private data pursuant to section 13.02, subdivision 12:  the 
 names and addresses of individuals and the legal descriptions of 
 property owned by individuals.  

    Subd. 2.    Nonpublic data.  The following data 
 collected in surveys of businesses conducted by cities and 
 housing and redevelopment authorities, for the purposes of 
 planning, development, and redevelopment, are classified as 
 nonpublic data pursuant to section 13.02, subdivision 9:  the 
 names, addresses, and legal descriptions of business properties 
 and the commercial use of the property to the extent disclosure 
 of the use would identify a particular business.  

    HIST: 1984 c 436 s 26 

     13.60 Elected or appointed officials; financial 
  disclosure statements. 

    Financial disclosure statements of elected or appointed 
 officials which, by requirement of the political subdivision, 
 are filed with the political subdivision, are public data on 
 individuals.  

    HIST: 1984 c 436 s 27 

     13.61 Insurance trust data; private and nonpublic data. 

    The following data collected or created by the league of 
 Minnesota cities insurance trust, association of Minnesota 
 counties insurance trust, or by the Minnesota school board 
 association insurance trust in order to process claims for 
 workers' compensation are classified as either private data in 
 regard to claims when the insured worker is living, or nonpublic 
 data in regard to claims when the insured worker is deceased:  
 name, address, phone number, and social security account number 
 of the claimant if the claimant is not a public employee; claim 
 number, date of claimed injury, employee's social security 
 number, home phone number, home address, date of birth, sex, and 
 marital status; whether claimed injury caused loss of time from 
 work; whether the employee lost time from work on the day of the 
 claimed injury and the number of hours lost; whether the 
 employee has returned to work; whether full or partial wages 
 were paid for the first day of lost time and the amount paid, 
 time of day, and location where injury occurred; whether the 
 injury occurred on employer's premises; the name, address, and 
 phone number of the treating physician or practitioner; 
 identification of the hospital where treated; nature of the 
 claimed injury or occupational illness; part of body affected; 
 name or type of object involved in causing the injury; nature of 
 injury; type of accident; description of actions taken to 
 prevent reoccurrence; names of coworker witnesses; and all data 
 collected or created as a result of the investigation of the 
 claim including, but not limited to, physicians' reports; other 
 data on the medical condition of the claimant; data collected 
 from the claimant's physicians; and data collected in interviews 
 of the claimant's employer, coworkers, family members, and 
 neighbors.  

    HIST: 1985 c 298 s 18 

     13.62 Economic assistance data. 

    The following data collected by cities in their 
 administration of the city economic development assistance 
 program are classified as nonpublic data:  

    (1) application data, except company names, addresses, and 
 other data that identify the applicant, until the application is 
 approved by the city; 

    (2) application data, except company names, addresses, and 
 other data that identify the applicant, that pertain to 
 companies whose applications have been disapproved; 

    (3) attachments to applications including but, not limited 
 to, business and personal financial records, until the 
 application is approved; 

    (4) income tax returns, either personal or corporate, that 
 are filed by applicants; and 

    (5) correspondence between the program administrators and 
 the applicant until the application has been approved or 
 disapproved. 

    HIST: 1985 c 298 s 19 

     13.621 Two Harbors development commission data. 

    Subdivision 1.    Nonpublic data.  The following data 
 that are submitted to the Two Harbors development commission by 
 businesses that are requesting financial assistance are 
 nonpublic data:  financial statements, business plans, income 
 and expense projections, customer lists, balance sheets, net 
 worth calculations, and market data, including feasibility 
 studies not paid for with public funds. 

    Subd. 2.    Public data.  Data submitted to the 
 commission under subdivision 1 become public data if the 
 commission provides financial assistance to the business except 
 that the following data remain nonpublic:  business plans, 
 income and expense projections, customer lists, and market data, 
 including feasibility studies not paid for with public funds. 

    HIST: 1996 c 440 art 1 s 14 

     13.622 Moorhead economic development authority data. 

    Subdivision 1.    Nonpublic data.  The following data 
 submitted to the city of Moorhead and to the Moorhead economic 
 development authority by businesses that are requesting 
 financial assistance are nonpublic data:  financial statements, 
 business plans, income and expense projections, customer lists, 
 balance sheets, and market and feasibility studies not paid for 
 with public funds. 

    Subd. 2.    Public data.  Data submitted to the city and 
 the city's economic development authority under subdivision 1 
 become public data if the city provides financial assistance to 
 the business except that the following data remain nonpublic:  
 business plans, income and expense projections, customer lists, 
 and market and feasibility studies not paid for with public 
 funds. 

    HIST: 1996 c 440 art 1 s 15 

     13.63 Minneapolis employees retirement fund data. 

    Subdivision 1.    Beneficiary and survivor data.  The 
 following data on beneficiaries and survivors of Minneapolis 
 employees retirement fund members are private data on 
 individuals:  home address, date of birth, direct deposit 
 account number, and tax withholding data. 

    Subd. 2.    Limits on disclosure.  Required disclosure 
 of data about members, survivors, and beneficiaries is limited 
 to name, gross pension, and type of benefit awarded. 

    HIST: 1993 c 351 s 11 

     13.64 Department of administration data. 

    Notes and preliminary drafts of reports created, collected, 
 or maintained by the management analysis division, department of 
 administration, and prepared during management studies, audits, 
 reviews, consultations, or investigations are classified as 
 confidential or protected nonpublic data until the final report 
 has been published or preparation of the report is no longer 
 being actively pursued.  Data that support the conclusions of 
 the report and that the commissioner of administration 
 reasonably believes will result in litigation are confidential 
 or protected nonpublic until the litigation has been completed 
 or until the litigation is no longer being actively pursued.  
 Data on individuals that could reasonably be used to determine 
 the identity of an individual supplying data for a report are 
 private if (a) the data supplied by the individual were needed 
 for a report and (b) the data would not have been provided to 
 the management analysis division without an assurance to the 
 individual that the individual's identity would remain private. 

    HIST: 1984 c 436 s 28; 1986 c 444; 1989 c 351 s 8 

  13.641 Repealed, 1990 c 573 s 23 

     13.642 Teachers retirement association data. 

    The following data on beneficiaries and survivors of 
 teachers retirement association members is considered private 
 data on individuals:  

    (1) address; 

    (2) birth date; 

    (3) direct deposit account number; and 

    (4) tax withholding data. 

    HIST: 1987 c 284 art 1 s 3 

     13.643 Department of agriculture data. 

    Subdivision 1.    Loan and grant applicant data.  The 
 following data on applicants, collected by the department of 
 agriculture in its sustainable agriculture revolving loan and 
 grant programs under sections 17.115 and 17.116, are private or 
 nonpublic:  nonfarm income; credit history; insurance coverage; 
 machinery and equipment list; financial information; and credit 
 information requests. 

    Subd. 2.    Farm advocate data.  The following data 
 supplied by farmer clients to Minnesota farm advocates and to 
 the department of agriculture are private data on individuals:  
 financial history, including listings of assets and debts, and 
 personal and emotional status information. 

    HIST: 1990 c 573 s 10; 1993 c 351 s 12 

  13.644 Repealed, 1993 c 351 s 41 

     13.645 Aquaculture permit data. 

    The following data collected and maintained by an agency 
 issuing aquaculture permits under sections 17.47 to 17.498 are 
 classified as private or nonpublic:  the names and addresses of 
 customers provided in the permit application. 

    HIST: 1991 c 309 s 1 

     13.646 Legislative and budget proposal data. 

    Subdivision 1.    Definition.  As used in this section, 
 "state administration" means the governor's office, the 
 department of finance, and any state agency that is under the 
 direct control of the governor. 

    Subd. 2.    Classifications.  Legislative and budget 
 proposals, including preliminary drafts, that are created, 
 collected, or maintained by the state administration are 
 protected nonpublic data.  After the budget is presented to the 
 legislature by the state administration, supporting data, 
 including agency requests, are public data.  Supporting data do 
 not include preliminary drafts.  The state administration may 
 disclose any of the data within the state administration and to 
 the public at any time if disclosure would aid the 
 administration in considering and preparing its proposals. 

    HIST: 1995 c 259 art 1 s 16 

     13.65 Attorney general data. 

    Subdivision 1.    Private data.  The following data 
 created, collected and maintained by the office of the attorney 
 general are classified as private data on individuals:  

    (a) the record, including but not limited to, the 
 transcript and exhibits of all disciplinary proceedings held by 
 a state agency, board or commission, except in those instances 
 where there is a public hearing; 

    (b) communications and noninvestigative files regarding 
 administrative or policy matters which do not evidence final 
 public actions; 

    (c) consumer complaint data, other than that data 
 classified as confidential, including consumers' complaints 
 against businesses and follow-up investigative materials; 

    (d) investigative data, obtained in anticipation of, or in 
 connection with litigation or an administrative proceeding where 
 the investigation is not currently active; and 

    (e) data collected by the consumer division of the attorney 
 general's office in its administration of the home protection 
 hot line including:  the name, address, and phone number of the 
 consumer; the name and address of the mortgage company; the 
 total amount of the mortgage; the amount of money needed to 
 bring the delinquent mortgage current; the consumer's place of 
 employment; the consumer's total family income; and the history 
 of attempts made by the consumer to renegotiate a delinquent 
 mortgage.  

    Subd. 2.    Confidential data.  The following data 
 created, collected and maintained by the office of the attorney 
 general are classified as confidential, pursuant to section 
 13.02, subdivision 3:  data acquired through communications made 
 in official confidence to members of the attorney general's 
 staff where the public interest would suffer by disclosure of 
 the data. 

    Subd. 3.    Public data.  Data describing the final 
 disposition of disciplinary proceedings held by any state 
 agency, board or commission are classified as public, pursuant 
 to section 13.02, subdivision 15.  

    HIST: 1981 c 311 s 35,39; 1982 c 545 s 24; 1985 c 298 s 20 

     13.66 Corrections ombudsman data. 

    Subdivision 1.    Private data.  The following data 
 maintained by the ombudsman for corrections are classified as 
 private, pursuant to section 13.02, subdivision 12:  

    (a) All data on individuals pertaining to contacts made by 
 clients seeking the assistance of the ombudsman, except as 
 specified in subdivisions 2 and 3; 

    (b) Data recorded from personal and phone conversations and 
 in correspondence between the ombudsman's staff and persons 
 interviewed during the course of an investigation; 

    (c) Client index cards; 

    (d) Case assignment data; and 

    (e) Monthly closeout data.  

    Subd. 2.    Confidential data.  The following data 
 maintained by the ombudsman are classified as confidential, 
 pursuant to section 13.02, subdivision 3:  the written summary 
 of the investigation to the extent it identifies individuals.  

    Subd. 3.    Public data.  The following data maintained 
 by the ombudsman are classified as public, pursuant to section 
 13.02, subdivision 15:  client name, client location; and the 
 inmate identification number assigned by the department of 
 corrections.  

    HIST: 1981 c 311 s 33,39; 1982 c 545 s 24 

     13.67 Employee relations data. 

    The following data collected, created, or maintained by the 
 department of employee relations are classified as nonpublic 
 data pursuant to section 13.02, subdivision 9:  

    (a) The commissioner's plan prepared by the department, 
 pursuant to section 3.855, which governs the compensation and 
 terms and conditions of employment for employees not covered by 
 collective bargaining agreements until the plan is submitted to 
 the legislative commission on employee relations; 

    (b) Data pertaining to grievance or interest arbitration 
 that has not been presented to the arbitrator or other party 
 during the arbitration process; 

    (c) Notes and preliminary drafts of reports prepared during 
 personnel investigations and personnel management reviews of 
 state departments and agencies; 

    (d) The managerial plan prepared by the department pursuant 
 to section 43A.18 that governs the compensation and terms and 
 conditions of employment for employees in managerial positions, 
 as specified in section 43A.18, subdivision 3, until the plan is 
 submitted to the legislative commission on employee relations; 
 and 

    (e) Claims experience and all related information received 
 from carriers and claims administrators participating in either 
 the state group insurance plan, the Minnesota employee insurance 
 program, the state workers' compensation program, or the public 
 employees insurance program as defined in chapter 43A, and 
 survey information collected from employees and employers 
 participating in these plans and programs, except when the 
 department determines that release of the data will not be 
 detrimental to the plan or program. 

    HIST: 1981 c 311 s 34,39; 1982 c 545 s 24; 1984 c 436 s 29; 
 1988 c 670 s 2; 1994 c 429 s 1; 1995 c 248 art 10 s 1; 1997 c 97 
 s 1 

     13.671 Iron range resources and rehabilitation board 
  data. 

    Subdivision 1.    Nonpublic data.  The following data 
 that are submitted to the commissioner of the iron range 
 resources and rehabilitation board by businesses that are 
 requesting financial assistance are nonpublic data:  the 
 identity of the business and financial information about the 
 business including, but not limited to, credit reports, 
 financial statements, net worth calculations, business plans, 
 income and expense projections, customer lists, and market and 
 feasibility studies not paid for with public funds.  

    Subd. 2.    Public data.  Data submitted to the 
 commissioner under subdivision 1 become public data upon 
 submission of the request for financial assistance to the iron 
 range resources and rehabilitation board except that the 
 following data remain nonpublic:  business plans, income and 
 expense projections, customer lists, and market and feasibility 
 studies not paid for with public funds.  

    HIST: 1989 c 351 s 9 

     13.68 Energy and financial data and statistics. 

    Subdivision 1.    Nonpublic data.  Energy and financial 
 data, statistics, and information furnished to the commissioner 
 of public service development by a coal supplier or petroleum 
 supplier, or information on individual business customers of a 
 public utility pursuant to section 216C.16 or 216C.17, either 
 directly or through a federal department or agency are 
 classified as nonpublic data as defined by section 13.02, 
 subdivision 9. 

    Subd. 2.    Energy audit data.  Data contained in 
 copies of bids, contracts, letters of agreement between utility 
 companies and third party auditors and firms, and in utility 
 statements or documents showing costs for employee performance 
 of energy audits which are received by the commissioner of 
 public service in order to arbitrate disputes arising from 
 complaints concerning the award of contracts to perform energy 
 conservation audits are classified as protected nonpublic data 
 not on individuals as defined by section 13.02, subdivision 13. 

    HIST: 1981 c 85 s 1; 1981 c 311 s 39; 1981 c 356 s 248; 1982 c 
 545 s 7,24; 1983 c 231 s 1; 1983 c 289 s 115 subd 1; 1Sp1985 c 
 13 s 78; 1987 c 312 art 1 s 10 subds 1,2 

     13.69 Public safety data. 

    Subdivision 1.    Classifications.  (a) The following 
 government data of the department of public safety are private 
 data:  

    (1) medical data on driving instructors, licensed drivers, 
 and applicants for parking certificates and special license 
 plates issued to physically handicapped persons; 

    (2) other data on holders of a disability certificate under 
 section 169.345, except that data that are not medical data may 
 be released to law enforcement agencies; 

    (3) social security numbers in driver's license and motor 
 vehicle registration records, except that social security 
 numbers must be provided to the department of revenue for 
 purposes of tax administration and the department of labor and 
 industry for purposes of workers' compensation administration 
 and enforcement; and 

    (4) data on persons listed as designated caregivers under 
 section 171.07, subdivision 11, except that the data must be 
 released to: 

    (i) law enforcement agencies for the purpose of verifying 
 that an individual is a designated caregiver; or 

    (ii) law enforcement agencies who state that the license 
 holder is unable to communicate at that time and that the 
 information is necessary for notifying the designated caregiver 
 of the need to care for a child of the license holder.  

    (b) The following government data of the department of 
 public safety are confidential data:  data concerning an 
 individual's driving ability when that data is received from a 
 member of the individual's family. 

    Subd. 2. Repealed, 1995 c 259 art 1 s 62 

    HIST: 1981 c 311 s 18,37,39; 1982 c 545 s 24; 1990 c 573 s 12; 
 1995 c 85 s 1; 1995 c 231 art 2 s 1; 1996 c 455 art 6 s 1; 1997 
 c 65 s 5 

     13.691 Public employees retirement association data. 

    The following data on individual beneficiaries and 
 survivors of public employment retirement association members 
 are classified as private:  home address, date of birth, direct 
 deposit account number, and tax withholding data. 

    HIST: 1987 c 351 s 15 

     13.692 Department of public service data. 

    Subdivision 1.    Tenant.  Data collected by the 
 department of public service that reveals the identity of a 
 tenant who makes a complaint regarding energy efficiency 
 standards for rental housing are private data on individuals.  

    Subd. 2.    Utility or telephone company employee or 
 customer.  (a) The following are private data on individuals:  
 data collected by the department of public service or the public 
 utilities commission, including the names or any other data that 
 would reveal the identity of either an employee or customer of a 
 telephone company or public utility who files a complaint or 
 provides information regarding a violation or suspected 
 violation by the telephone company or public utility of any 
 federal or state law or rule; except this data may be released 
 as needed to law enforcement authorities. 

    (b) The following are private data on individuals:  data 
 collected by the commission or the department of public service 
 on individual public utility or telephone company customers or 
 prospective customers, including copies of tax forms, needed to 
 administer federal or state programs that provide relief from 
 telephone company bills, public utility bills, or cold weather 
 disconnection.  The determination of eligibility of the 
 customers or prospective customers may be released to public 
 utilities or telephone companies to administer the programs. 

    HIST: 1987 c 351 s 16; 1993 c 351 s 13 

  13.70 Repealed, 1989 c 184 art 1 s 20 

     13.71 Department of commerce data. 

    Subdivision 1.    Surplus line insurance data.  All data 
 appearing on copies of surplus line insurance policies collected 
 by the department of commerce pursuant to sections 60A.195 to 
 60A.209 are classified as private data.  

    Subd. 2.    Group workers' compensation self-insurance 
 data.  Financial data relating to nonpublic companies that are 
 submitted to the commissioner of commerce for the purpose of 
 obtaining approval to self-insure workers' compensation 
 liability as a group are classified as nonpublic data.  

    Subd. 3.    Workers' compensation self-insurance data.  
 Financial documents, including income statements, balance 
 sheets, statements of changes in financial positions, and 
 supporting financial information, submitted by nonpublic 
 companies seeking to self-insure their workers' compensation 
 liability or to be licensed as self-insurance plan 
 administrators are classified as nonpublic data.  

    Subd. 4.    Pollution liability insurance survey data.  
 Data that could identify a company that responded to a pollution 
 liability insurance survey taken by the department of commerce 
 are classified as nonpublic data. 

    Subd. 5.    Data on insurance companies and township 
 mutual companies.  The following data collected and maintained 
 by the department of commerce are classified as nonpublic data: 

    (a) that portion of any of the following data which would 
 identify the affected insurance company or township mutual 
 company:  (1) any order issued pursuant to section 60A.031, 
 subdivision 5, or 67A.241, subdivision 4, and based in whole or 
 in part upon a determination or allegation by the commerce 
 department or commissioner that an insurance company or township 
 mutual company is in an unsound, impaired, or potentially 
 unsound or impaired condition; or (2) any stipulation, consent 
 agreement, letter agreement, or similar document evidencing the 
 settlement of any proceeding commenced pursuant to an order of a 
 type described in clause (1), or an agreement between the 
 department and an insurance company or township mutual company 
 entered in lieu of the issuance of an order of the type 
 described in clause (1); 

    (b) any correspondence or attachments relating to the data 
 listed in this subdivision. 

    Subd. 6.    Comprehensive health insurance data.  The 
 following data on eligible persons and enrollees of the state 
 comprehensive health insurance plan are classified as private:  
 all data collected or maintained by the Minnesota comprehensive 
 health association, the writing carrier, and the department of 
 commerce. 

    The Minnesota comprehensive health association is 
 considered a state agency for purposes of this chapter.  

    The Minnesota comprehensive health association may disclose 
 data on eligible persons and enrollees of the state 
 comprehensive health insurance plan to conduct actuarial and 
 research studies, notwithstanding the classification of this 
 data, if:  

    (1) the board authorizes the disclosure; 

    (2) no individual may be identified in the actuarial or 
 research report; 

    (3) materials allowing an individual to be identified are 
 returned or destroyed as soon as they are no longer needed; and 

    (4) the actuarial or research organization agrees not to 
 disclose the information unless the disclosure would be 
 permitted under this chapter if made by the association.  

    Subd. 7.    Classification of PPO agreement data.  Data 
 described in section 62E.13, subdivision 11, are nonpublic data. 

    Subd. 8.    Release of complaint to respondent.  The 
 commissioner may provide a copy of a complaint to the subject of 
 the complaint when the commissioner determines that the access 
 is necessary in order to effectively conduct the investigation. 

    Subd. 9. Repealed, 1995 c 259 art 1 s 62 

    Subd. 10. Repealed, 1995 c 259 art 1 s 62 

    Subd. 11. Repealed, 1995 c 259 art 1 s 62 

    Subd. 12. Repealed, 1995 c 259 art 1 s 62 

    Subd. 13. Repealed, 1995 c 259 art 1 s 62 

    Subd. 14. Repealed, 1995 c 259 art 1 s 62 

    Subd. 15. Repealed, 1995 c 259 art 1 s 62 

    Subd. 16. Repealed, 1995 c 259 art 1 s 62 

    Subd. 17. Repealed, 1995 c 259 art 1 s 62 

    Subd. 18. Repealed, 1Sp1997 c 3 s 47 

    Subd. 19. Repealed, 1Sp1997 c 3 s 47 

    Subd. 20. Repealed, 1Sp1997 c 3 s 47 

    Subd. 21. Repealed, 1Sp1997 c 3 s 47 

    HIST: 1980 c 603 s 18; 1981 c 311 s 39; 1982 c 545 s 24; 1983 
 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1985 c 298 s 21; 1986 
 c 313 s 1; 1987 c 384 art 2 s 1; 1990 c 523 s 1; 1991 c 165 s 1; 
 1994 c 400 s 1,2; 1994 c 618 art 2 s 1-8; 1995 c 151 s 1; 1995 c 
 214 s 1; 1995 c 253 s 1; 1996 c 414 art 1 s 2 

     13.72 Transportation department data. 

    Subdivision 1.    Estimates for construction projects.  
 An estimate of the cost of a construction project of the 
 Minnesota department of transportation prepared by department 
 employees is nonpublic data and is not available to the public 
 from the time of final design until the project is awarded.  

    Subd. 2.    Rideshare data.  The following data on 
 participants, collected by the department of transportation for 
 the purpose of administering the rideshare program, are 
 classified as private pursuant to section 13.02, subdivision 
 12:  residential address and phone number; beginning and ending 
 work hours; current mode of commuting to and from work; and type 
 of rideshare service information requested.  

    Subd. 3. Repealed, 1988 c 544 s 27; 1988 c 670 s 14 

    Subd. 4.    Motor carrier accident data.  All data 
 submitted to the department of transportation in the form of 
 motor vehicle carrier accident reports, except the portions of 
 the report forms in which the carrier and the driver provide 
 their version of the accident, are classified as nonpublic data 
 with regard to data not on individuals, and private data with 
 regard to data on individuals. 

    Subd. 5.    Motor carrier accident version data.  Those 
 portions of the motor vehicle carrier accident report forms, 
 that motor vehicle carriers are required to submit to the 
 department of transportation, that contain the carrier's and 
 driver's version of the accident are classified as protected 
 nonpublic data with regard to data not on individuals, and 
 confidential data with regard to data on individuals.  

    Subd. 6.    Complaint data.  Names of complainants, 
 complaint letters, and other unsolicited data furnished to the 
 department of transportation by a person other than the data 
 subject or department employee, which provide information that a 
 person who is subject to chapter 221 or rules adopted under that 
 chapter may not be in compliance with those requirements, are 
 classified as confidential data or protected nonpublic data. 

    Subd. 7.    Public investigative data.  The following 
 data created, collected, or maintained about persons subject to 
 chapter 221 and rules adopted under that chapter are public:  
 data contained in inspection and compliance forms and data 
 contained in audit reports that are not prepared under contract 
 to the federal highway administration. 

    Subd. 8.    Motor carrier operating data.  The following 
 data submitted by Minnesota intrastate motor carriers to the 
 department of transportation are nonpublic data:  all payroll 
 reports including wages, hours or miles worked, hours earned, 
 employee benefit data, and terminal and route-specific operating 
 data including percentage of revenues paid to agent operated 
 terminals, line-haul load factors, pickup and delivery (PUD) 
 activity, and peddle driver activity. 

    HIST: 1981 c 209 s 1; 1981 c 311 s 39; 1982 c 545 s 20,24; 
 1985 c 298 s 22-24; 1989 c 318 s 1,2; 1991 c 339 s 2; 1993 c 351 
 s 14 

  13.73 Repealed, 1985 c 298 s 45 

     13.74 Environmental quality data. 

    The following data collected and maintained by the 
 environmental quality board are classified as private data 
 pursuant to section 13.02, subdivision 12:  the names and 
 addresses of individuals who submitted information and letters 
 concerning personal health problems associated with transmission 
 lines.  

    HIST: 1984 c 436 s 30 

     13.75 Bureau of mediation services data. 

    Subdivision 1.    Representation data.  Authorization 
 signatures or cards furnished in support of a petition filed or 
 election conducted under sections 179.16, 179.18 to 179.25, and 
 179A.12, and all ballots, prior to the time of tabulation, are 
 classified as protected nonpublic data with regard to data not 
 on individuals pursuant to section 13.02, subdivision 13, and as 
 confidential data on individuals with regard to data on 
 individuals pursuant to section 13.02, subdivision 3.  

    Subd. 2.    Mediation data.  All data received or 
 maintained by the commissioner or staff of the bureau of 
 mediation services during the course of providing mediation 
 services to the parties to a labor dispute under the provisions 
 of chapter 179 are classified as protected nonpublic data with 
 regard to data not on individuals, pursuant to section 13.02, 
 subdivision 13, and as confidential data on individuals pursuant 
 to section 13.02, subdivision 3, except to the extent the 
 commissioner of the bureau of mediation services determines such 
 data are necessary to fulfill the requirements of section 
 179A.16, or to identify the general nature of or parties to a 
 labor dispute. 

    HIST: 1984 c 436 s 31; 1986 c 444; 1987 c 186 s 15; 1987 c 384 
 art 2 s 1; 1989 c 209 art 2 s 3 

     13.76 Department of trade and economic development data. 

    Subdivision 1.    Development loan data.  All financial 
 information on individuals and business entities including, but 
 not limited to, credit reports, financial statements, and net 
 worth calculations, that are contained in an application 
 received by the department of trade and economic development in 
 its administration of the certified state development loan 
 program are classified as private data with regard to data on 
 individuals, and as nonpublic data with regard to data not on 
 individuals until the application is approved. 

    Subd. 2.    Financial incentive data.  Data collected by 
 the department of trade and economic development relating to 
 financial incentives offered by private businesses and 
 organizations, other than state government, to companies for 
 locating their proposed business operations in Minnesota are 
 classified as nonpublic data.  

    Subd. 3.    Businesses seeking state incentives.  
 Notwithstanding subdivision 1, any business seeking $250,000 or 
 more in financial assistance from the state of Minnesota in the 
 form of grants, loans, or tax incentives shall make available 
 for public inspection its audited financial statements for the 
 three most recent years.  These statements shall include all 
 information that would be required by the United States 
 Securities and Exchange Commission prior to any public stock 
 offering.  This subdivision does not apply to financial 
 assistance sought from the iron range resources and 
 rehabilitation board or from a political subdivision of the 
 state, including home rule charter and statutory cities, towns, 
 counties, and all agencies, commissions, and councils 
 established under chapter 473, as well as any authority or 
 agency of such a political subdivision. 

    HIST: 1985 c 298 s 25; 1987 c 312 art 1 s 26 subd 2; 1987 c 
 351 s 17; 1989 c 351 s 10; 1992 c 592 s 3 

     13.761 Indian affairs council data. 

    All financial information on individuals and business 
 entities including, but not limited to, credit reports, 
 financial statements, and net worth calculations, that are 
 contained in applications received by the Indian affairs council 
 in its administration of the Indian business development loan 
 program are classified as private data with regard to data on 
 individuals and as nonpublic data with regard to data not on 
 individuals. 

    HIST: 1985 c 298 s 26 

     13.77 Agricultural resource loan board data. 

    Subdivision 1.    Nonpublic data.  Financial information 
 concerning business persons received or prepared by the 
 agriculture resource loan guaranty board in connection with 
 applications for loan guarantees pursuant to Laws 1984, chapter 
 502, article 10, sections 1 to 12, including, but not limited 
 to, credit reports, financial statements, and net worth 
 calculations, is classified as nonpublic data. 

    Subd. 2.    Private data.  Financial information 
 concerning individuals received or prepared by the agriculture 
 resource loan guaranty board in connection with applications for 
 loan guarantees pursuant to Laws 1984, chapter 502, article 10, 
 sections 1 to 12, including, but not limited to, credit reports, 
 financial statements, and net worth calculations is classified 
 as private data.  

    HIST: 1985 c 298 s 27 

     13.771 Harmful substance injury compensation board data. 

    The following data on individuals filing claims for 
 compensation with the harmful substance injury compensation 
 board for injury from harmful substances are classified as 
 confidential while the claim is being investigated and private 
 after a decision is made by the board about the claim:  the 
 name, address, and all other information that may identify an 
 individual filing a claim; all medical data provided to the 
 board by the claimant or providers of health care to the 
 claimant, including reports of physical examinations, mental 
 health treatment, hospital care, physical therapy, laboratory 
 testing, X-ray studies, and prescriptions; and all financial 
 data provided to the board by the claimant or the claimant's 
 employer, insurance carrier, or other provider of benefits, 
 including state or federal tax forms, W-2 forms, salary records, 
 records of insurance payments, unemployment or disability 
 benefits. 

    HIST: 1987 c 351 s 18; 1989 c 325 s 78 

     13.78 Minnesota export authority data. 

    Financial information concerning business persons received 
 or prepared by the export authority in connection with 
 applications for financial assistance pursuant to section 
 116J.9673, including, but not limited to, credit reports, 
 financial statements, net worth calculations, income and expense 
 projections, and proposed terms of trade and foreign risk 
 coverage, is classified as nonpublic data if it is data not on 
 an individual and as private data if it is data on an individual.

    HIST: 1985 c 298 s 28; 1987 c 396 art 10 s 8 

     13.79 Department of labor and industry data. 

    Data that identify complaining employees and that appear on 
 complaint forms received by the department of labor and industry 
 concerning alleged violations of the fair labor standards act, 
 section 181.75 or 181.9641 are classified as private data.  

    HIST: 1985 c 298 s 29; 1995 c 259 art 1 s 17 

     13.791 Rehabilitation data. 

    Subdivision 1.    General.  Unless the data is summary 
 data or is otherwise classified by statute or federal law, all 
 data collected and maintained by the department of labor and 
 industry or the department of economic security that pertain to 
 individuals applying for or receiving rehabilitation services is 
 private data on individuals. 

    Subd. 2.    Harmful data.  Medical, psychological, or 
 other rehabilitation data determined to be harmful to the 
 individual by either the commissioner of labor and industry or 
 the commissioner of economic security shall not be released 
 directly to the individual but must be provided through the 
 individual's legal representative, a physician, or a 
 psychological practitioner. 

    Subd. 3.    Data on blind vendors.  The commissioner of 
 economic security may release the name, business address, and 
 business telephone number of an individual licensed under 
 section 248.07, subdivision 8.  The state committee of blind 
 vendors organized in accordance with Code of Federal 
 Regulations, title 34, section 395.14, has access to private 
 data in the department of economic security on an individual 
 licensed under section 248.07, subdivision 8, to the extent 
 necessary to complete its duties. 

    HIST: 1986 c 337 s 2; 1988 c 670 s 3; 1989 c 86 s 1,2; 1991 c 
 255 s 19; 1992 c 464 art 1 s 3; 1993 c 13 art 1 s 11; 1994 c 483 
 s 1 

     13.792 Private donor gift data. 

    The following data maintained by the Minnesota zoological 
 garden, the University of Minnesota, the Minnesota state 
 colleges and universities, and any related entity subject to 
 chapter 13 are classified as private or nonpublic: 

    (1) research information about prospects and donors 
 gathered to aid in determining appropriateness of solicitation 
 and level of gift request; 

    (2) specific data in prospect lists that would identify 
 prospects to be solicited, dollar amounts to be requested, and 
 name of solicitor; 

    (3) portions of solicitation letters and proposals that 
 identify the prospect being solicited and the dollar amount 
 being requested; 

    (4) letters, pledge cards, and other responses received 
 from donors regarding prospective gifts in response to 
 solicitations; 

    (5) portions of thank-you letters and other gift 
 acknowledgment communications that would identify the name of 
 the donor and the specific amount of the gift, pledge, or pledge 
 payment; 

    (6) donor financial or estate planning information, or 
 portions of memoranda, letters, or other documents commenting on 
 any donor's financial circumstances; and 

    (7) data detailing dates of gifts, payment schedule of 
 gifts, form of gifts, and specific gift amounts made by donors. 

    Names of donors and gift ranges are public data. 

    HIST: 1988 c 670 s 4; 1993 c 351 s 15; 1996 c 395 s 18 

     13.793 Natural resources mineral data. 

    Subdivision 1.    Nonpublic data.  Except as provided in 
 subdivision 2, the following data received and maintained by the 
 commissioner of natural resources are nonpublic data: 

    (1) a letter or other documentation from a person that is 
 supplied to the commissioner before a public lease sale of 
 metallic or other minerals for the purpose of making suggestions 
 or recommendations about which state lands may be offered for 
 public lease sale; 

    (2) a written report or other documentation of private 
 analyses of a state-owned or controlled drill core that is 
 public data and is under the custody of the commissioner; or 

    (3) exploration data received by the commissioner under the 
 terms of a state mineral lease. 

    Subd. 2.    Data become public.  (a) Data under 
 subdivision 1, clause (1), become public data three years after 
 the date the lease sale was held or, if not held, within three 
 years after the date the lease sale was scheduled to be held.  
 Except as provided in paragraph (b), data under subdivision 1, 
 clause (2), become public data one year after receipt by the 
 commissioner.  Except as provided in paragraph (c) or as 
 otherwise provided for by law, data under subdivision 1, clause 
 (3), become public data upon termination of the state mineral 
 lease under which the data were gathered.  

    (b) If data under subdivision 1, clause (2), relate to 
 private land that is under mineral lease to the person 
 submitting the data, and the mineral lease is in force at the 
 time the data are submitted, the data become public data only 
 after the mineral lease is no longer in force.  The person 
 submitting the data that relate to private land that is under 
 mineral lease shall provide to the commissioner at the time the 
 data are submitted and annually thereafter, in a format 
 designated by the commissioner, satisfactory evidence that the 
 mineral lease is in effect.  If, in a given year, satisfactory 
 evidence that the mineral lease is still in effect is not 
 provided to the commissioner before the anniversary date of 
 receipt of the data by the commissioner, the data immediately 
 become public data.  

    (c) If data under subdivision 1, clause (3), are nonpublic 
 data under the provisions of section 103I.605, subdivision 4, 
 clause (c), the data become public data pursuant to the 
 provisions of section 103I.605, subdivision 4, clauses (c) and 
 (d). 

    HIST: 1989 c 182 s 1; 1991 c 228 s 1; 1995 c 259 art 1 s 18 

     13.794 Internal auditing data. 

    Subdivision 1.    Confidential data or protected nonpublic 
 data.  Data, notes, and preliminary drafts of reports created, 
 collected, and maintained by the internal audit offices of state 
 agencies or persons performing audits for state agencies and 
 relating to an audit or investigation are confidential data on 
 individuals or protected nonpublic data until the final report 
 has been published or the audit or investigation is no longer 
 being pursued actively. 

    Subd. 2.    Private data on individuals.  Data on an 
 individual supplying information for an audit or investigation, 
 that could reasonably be used to determine the individual's 
 identity, are private data on individuals if the information 
 supplied was needed for an audit or investigation and would not 
 have been provided to the internal audit office or person 
 performing audits without an assurance to the individual that 
 the individual's identity would remain private. 

    HIST: 1989 c 351 s 11 

     13.80 Domestic abuse data. 

    All government data on individuals which is collected, 
 created, received or maintained by police departments, sheriffs' 
 offices or clerks of court pursuant to the domestic abuse act, 
 section 518B.01, are classified as confidential data, pursuant 
 to section 13.02, subdivision 3, until a temporary court order 
 made pursuant to subdivision 5 or 7 of section 518B.01 is 
 executed or served upon the data subject who is the respondent 
 to the action.  

    HIST: 1981 c 311 s 23,39; 1982 c 545 s 24 

  13.81 Repealed, 1985 c 298 s 45 

     13.82 Comprehensive law enforcement data. 

    Subdivision 1.    Application.  This section shall apply 
 to agencies which carry on a law enforcement function, including 
 but not limited to municipal police departments, county sheriff 
 departments, fire departments, the bureau of criminal 
 apprehension, the Minnesota state patrol, the board of peace 
 officer standards and training, the department of commerce, and 
 the department of labor and industry fraud investigation unit, 
 the program integrity section of, and county human service 
 agency client and provider fraud prevention and control units 
 operated or supervised by the department of human services.  

    Subd. 2.    Arrest data.  The following data created or 
 collected by law enforcement agencies which documents any 
 actions taken by them to cite, arrest, incarcerate or otherwise 
 substantially deprive an adult individual of liberty shall be 
 public at all times in the originating agency:  

    (a) Time, date and place of the action; 

    (b) Any resistance encountered by the agency; 

    (c) Any pursuit engaged in by the agency; 

    (d) Whether any weapons were used by the agency or other 
 individual; 

    (e) The charge, arrest or search warrants, or other legal 
 basis for the action; 

    (f) The identities of the agencies, units within the 
 agencies and individual persons taking the action; 

    (g) Whether and where the individual is being held in 
 custody or is being incarcerated by the agency; 

    (h) The date, time and legal basis for any transfer of 
 custody and the identity of the agency or person who received 
 custody; 

    (i) The date, time and legal basis for any release from 
 custody or incarceration; 

    (j) The name, age, sex and last known address of an adult 
 person or the age and sex of any juvenile person cited, 
 arrested, incarcerated or otherwise substantially deprived of 
 liberty; 

    (k) Whether the agency employed wiretaps or other 
 eavesdropping techniques, unless the release of this specific 
 data would jeopardize an ongoing investigation; 

    (l) The manner in which the agencies received the 
 information that led to the arrest and the names of individuals 
 who supplied the information unless the identities of those 
 individuals qualify for protection under subdivision 10; and 

    (m) Response or incident report number.  

    Subd. 3.    Request for service data.  The following 
 data created or collected by law enforcement agencies which 
 documents requests by the public for law enforcement services 
 shall be public government data:  

    (a) The nature of the request or the activity complained 
 of; 

    (b) The name and address of the individual making the 
 request unless the identity of the individual qualifies for 
 protection under subdivision 10; 

    (c) The time and date of the request or complaint; and 

    (d) The response initiated and the response or incident 
 report number.  

    Subd. 3a.    Audio recording of 911 call.  The audio 
 recording of a call placed to a 911 system for the purpose of 
 requesting service from a law enforcement, fire, or medical 
 agency is private data on individuals with respect to the 
 individual making the call, except that a written transcript of 
 the audio recording is public, unless it reveals the identity of 
 an individual otherwise protected under subdivision 10.  A 
 transcript shall be prepared upon request.  The person 
 requesting the transcript shall pay the actual cost of 
 transcribing the call, in addition to any other applicable costs 
 provided under section 13.03, subdivision 3.  The audio 
 recording may be disseminated to law enforcement agencies for 
 investigative purposes.  The audio recording may be used for 
 public safety and emergency medical services training purposes. 

    Subd. 4.    Response or incident data.  The following 
 data created or collected by law enforcement agencies which 
 documents the agency's response to a request for service 
 including, but not limited to, responses to traffic accidents, 
 or which describes actions taken by the agency on its own 
 initiative shall be public government data:  

    (a) date, time and place of the action; 

    (b) agencies, units of agencies and individual agency 
 personnel participating in the action unless the identities of 
 agency personnel qualify for protection under subdivision 10; 

    (c) any resistance encountered by the agency; 

    (d) any pursuit engaged in by the agency; 

    (e) whether any weapons were used by the agency or other 
 individuals; 

    (f) a brief factual reconstruction of events associated 
 with the action; 

    (g) names and addresses of witnesses to the agency action 
 or the incident unless the identity of any witness qualifies for 
 protection under subdivision 10; 

    (h) names and addresses of any victims or casualties unless 
 the identities of those individuals qualify for protection under 
 subdivision 10; 

    (i) the name and location of the health care facility to 
 which victims or casualties were taken; 

    (j) response or incident report number; 

    (k) dates of birth of the parties involved in a traffic 
 accident; 

    (l) whether the parties involved were wearing seat belts; 
 and 

    (m) the alcohol concentration of each driver. 

    Subd. 5.    Criminal investigative data.  Except for the 
 data defined in subdivisions 2, 3, and 4, investigative data 
 collected or created by a law enforcement agency in order to 
 prepare a case against a person, whether known or unknown, for 
 the commission of a crime or other offense for which the agency 
 has primary investigative responsibility is confidential or 
 protected nonpublic while the investigation is active.  Inactive 
 investigative data is public unless the release of the data 
 would jeopardize another ongoing investigation or would reveal 
 the identity of individuals protected under subdivision 10.  
 Photographs which are part of inactive investigative files and 
 which are clearly offensive to common sensibilities are 
 classified as private or nonpublic data, provided that the 
 existence of the photographs shall be disclosed to any person 
 requesting access to the inactive investigative file.  An 
 investigation becomes inactive upon the occurrence of any of the 
 following events:  

    (a) a decision by the agency or appropriate prosecutorial 
 authority not to pursue the case; 

    (b) expiration of the time to bring a charge or file a 
 complaint under the applicable statute of limitations, or 30 
 years after the commission of the offense, whichever comes 
 earliest; or 

    (c) exhaustion of or expiration of all rights of appeal by 
 a person convicted on the basis of the investigative data.  

    Any investigative data presented as evidence in court shall 
 be public.  Data determined to be inactive under clause (a) may 
 become active if the agency or appropriate prosecutorial 
 authority decides to renew the investigation.  

    During the time when an investigation is active, any person 
 may bring an action in the district court located in the county 
 where the data is being maintained to authorize disclosure of 
 investigative data.  The court may order that all or part of the 
 data relating to a particular investigation be released to the 
 public or to the person bringing the action.  In making the 
 determination as to whether investigative data shall be 
 disclosed, the court shall consider whether the benefit to the 
 person bringing the action or to the public outweighs any harm 
 to the public, to the agency or to any person identified in the 
 data.  The data in dispute shall be examined by the court in 
 camera.  

    Subd. 5a.    Child abuse identity data.  Active or 
 inactive investigative data that identify a victim of child 
 abuse or neglect reported under section 626.556 are private data 
 on individuals.  Active or inactive investigative data that 
 identify a reporter of child abuse or neglect under section 
 626.556 are confidential data on individuals, unless the subject 
 of the report compels disclosure under section 626.556, 
 subdivision 11. 

    Subd. 5b.    Inactive child abuse data.  Investigative 
 data that become inactive under subdivision 5, clause (a) or 
 (b), and that relate to the alleged abuse or neglect of a child 
 by a person responsible for the child's care, as defined in 
 section 626.556, subdivision 2, are private data. 

    Subd. 5c.    Vulnerable adult identity data.  Active or 
 inactive investigative data that identify a victim of vulnerable 
 adult maltreatment under section 626.557 are private data on 
 individuals.  Active or inactive investigative data that 
 identify a reporter of vulnerable adult maltreatment under 
 section 626.557 are private data on individuals. 

    Subd. 5d.    Inactive vulnerable adult maltreatment data. 
  Investigative data that becomes inactive under subdivision 5, 
 paragraph (a) or (b), and that relate to the alleged 
 maltreatment of a vulnerable adult by a caregiver or facility 
 are private data on individuals. 

    Subd. 5e.    Name change data.  Data on court records 
 relating to name changes under section 259.10, subdivision 2, 
 which is held by a law enforcement agency is confidential data 
 on an individual while an investigation is active and is private 
 data on an individual when the investigation becomes inactive. 

    Subd. 6.    Access to data for crime victims.  On 
 receipt of a written request, the prosecuting authority shall 
 release investigative data collected by a law enforcement agency 
 to the victim of a criminal act or alleged criminal act or to 
 the victim's legal representative unless the release to the 
 individual subject of the data would be prohibited under section 
 13.391 or the prosecuting authority reasonably believes:  

    (a) that the release of that data will interfere with the 
 investigation; or 

    (b) that the request is prompted by a desire on the part of 
 the requester to engage in unlawful activities.  

    Subd. 7.    Withholding public data.  A law enforcement 
 agency may temporarily withhold response or incident data from 
 public access if the agency reasonably believes that public 
 access would be likely to endanger the physical safety of an 
 individual or cause a perpetrator to flee, evade detection or 
 destroy evidence.  In such instances, the agency shall, upon the 
 request of any person, provide a statement which explains the 
 necessity for its action.  Any person may apply to a district 
 court for an order requiring the agency to release the data 
 being withheld.  If the court determines that the agency's 
 action is not reasonable, it shall order the release of the data 
 and may award costs and attorney's fees to the person who sought 
 the order.  The data in dispute shall be examined by the court 
 in camera.  

    Subd. 8.    Public benefit data.  Any law enforcement 
 agency may make any data classified as confidential or protected 
 nonpublic pursuant to subdivision 5 accessible to any person, 
 agency, or the public if the agency determines that the access 
 will aid the law enforcement process, promote public safety, or 
 dispel widespread rumor or unrest.  

    Subd. 9.    Public access.  When data is classified as 
 public under this section, a law enforcement agency shall not be 
 required to make the actual physical data available to the 
 public if it is not administratively feasible to segregate the 
 public data from the confidential.  However, the agency must 
 make the information described as public data available to the 
 public in a reasonable manner.  When investigative data becomes 
 inactive, as described in subdivision 5, the actual physical 
 data associated with that investigation, including the public 
 data, shall be available for public access.  

    Subd. 10.    Protection of identities.  A law 
 enforcement agency or a law enforcement dispatching agency 
 working under direction of a law enforcement agency shall 
 withhold public access to data on individuals to protect the 
 identity of individuals in the following circumstances: 

    (a) when access to the data would reveal the identity of an 
 undercover law enforcement officer, as provided in section 
 13.43, subdivision 5; 

    (b) when access to the data would reveal the identity of a 
 victim or alleged victim of criminal sexual conduct or of a 
 violation of section 617.246, subdivision 2; 

    (c) when access to the data would reveal the identity of a 
 paid or unpaid informant being used by the agency if the agency 
 reasonably determines that revealing the identity of the 
 informant would threaten the personal safety of the informant; 

    (d) when access to the data would reveal the identity of a 
 victim of or witness to a crime if the victim or witness 
 specifically requests not to be identified publicly, unless the 
 agency reasonably determines that revealing the identity of the 
 victim or witness would not threaten the personal safety or 
 property of the individual; 

    (e) when access to the data would reveal the identity of a 
 deceased person whose body was unlawfully removed from a 
 cemetery in which it was interred; 

    (f) when access to the data would reveal the identity of a 
 person who placed a call to a 911 system or the identity or 
 telephone number of a service subscriber whose phone is used to 
 place a call to the 911 system and:  (1) the agency determines 
 that revealing the identity may threaten the personal safety or 
 property of any person; or (2) the object of the call is to 
 receive help in a mental health emergency.  For the purposes of 
 this paragraph, a voice recording of a call placed to the 911 
 system is deemed to reveal the identity of the caller; 

    (g) when access to the data would reveal the identity of a 
 juvenile witness and the agency reasonably determines that the 
 subject matter of the investigation justifies protecting the 
 identity of the witness; or 

    (h) when access to the data would reveal the identity of a 
 mandated reporter under sections 626.556 and 626.557. 

    Data concerning individuals whose identities are protected 
 by this subdivision are private data about those individuals.  
 Law enforcement agencies shall establish procedures to acquire 
 the data and make the decisions necessary to protect the 
 identity of individuals described in clauses (c), (d), (f), and 
 (g). 

    Subd. 11.    Data retention.  Nothing in this section 
 shall require law enforcement agencies to create, collect or 
 maintain data which is not required to be created, collected or 
 maintained by any other applicable rule or statute.  

    Subd. 12.    Data in arrest warrant indices.  Data in 
 arrest warrant indices are classified as confidential data until 
 the defendant has been taken into custody, served with a 
 warrant, or appears before the court, except when the law 
 enforcement agency determines that the public purpose is served 
 by making the information public.  

    Subd. 13.    Property data.  Data that uniquely describe 
 stolen, lost, confiscated, or recovered property are classified 
 as either private data on individuals or nonpublic data 
 depending on the content of the not public data.  

    Subd. 14.    Reward program data.  To the extent that 
 the release of program data would reveal the identity of an 
 informant or adversely affect the integrity of the fund, 
 financial records of a program that pays rewards to informants 
 are protected nonpublic data in the case of data not on 
 individuals or confidential data in the case of data on 
 individuals.  

    Subd. 14a.    Data on registered criminal offenders.  
 Data described in section 243.166 shall be classified as 
 described in that section. 

    Subd. 14b.    Data in missing children bulletins.  Data 
 described in section 299C.54 shall be classified as described in 
 that section. 

    Subd. 15.    Exchanges of information.  Nothing in this 
 chapter prohibits the exchange of information by law enforcement 
 agencies provided the exchanged information is pertinent and 
 necessary to the requesting agency in initiating, furthering, or 
 completing an investigation, except not public personnel data. 

    Subd. 16.    Deliberative processes.  Data that reflect 
 deliberative processes or investigative techniques of law 
 enforcement agencies are confidential data on individuals or 
 protected nonpublic data; provided that information, reports, or 
 memoranda that have been adopted as the final opinion or 
 justification for a decision of a law enforcement agency are 
 public data.  

    Subd. 17.    Booking photographs.  (a) For purposes of 
 this subdivision, "booking photograph" means a photograph or 
 electronically produced image taken by law enforcement for 
 identification purposes in connection with the arrest of a 
 person. 

    (b) Except as otherwise provided in this subdivision, a 
 booking photograph is public data.  A law enforcement agency may 
 temporarily withhold access to a booking photograph if the 
 agency determines that access will adversely affect an active 
 investigation. 

    Subd. 18.    Pawnshop data.  Data that would reveal the 
 identity of persons who are customers of a licensed pawnbroker 
 or secondhand goods dealer are private data on individuals.  
 Data describing the property in a regulated transaction with a 
 licensed pawnbroker or secondhand goods dealer are public. 

    HIST: 1979 c 328 s 21; 1981 c 311 s 36,39; 1982 c 545 s 24; 
 1982 c 558 s 1; 1984 c 552 s 2; 1985 c 298 s 30-36; 1986 c 444; 
 1988 c 625 s 1; 1989 c 177 s 1; 1989 c 351 s 12,13; 1990 c 402 s 
 1; 1991 c 285 s 1,2; 1991 c 319 s 9,10; 1993 c 351 s 16-18; 1994 
 c 618 art 1 s 14,15; 1994 c 636 art 4 s 3; 1995 c 229 art 3 s 
 1-3; 1995 c 231 art 2 s 2; 1995 c 259 art 1 s 19-23; art 4 s 3; 
 1996 c 440 art 1 s 16,17; 1997 c 85 art 5 s 1 

     13.83 Medical examiner data. 

    Subdivision 1.    Definition.  As used in this section, 
 "medical examiner data" means data relating to deceased 
 individuals and the manner and circumstances of their death 
 which is created, collected, used or maintained by a county 
 coroner or medical examiner in the fulfillment of official 
 duties pursuant to chapter 390, or any other general or local 
 law on county coroners or medical examiners.  

    Subd. 2.    Public data.  Unless specifically classified 
 otherwise by state statute or federal law, the following data 
 created or collected by a medical examiner or coroner on a 
 deceased individual is public:  name of the deceased; date of 
 birth; date of death; address; sex; race; citizenship; height; 
 weight; hair color; eye color; build; complexion; age, if known, 
 or approximate age; identifying marks, scars and amputations; a 
 description of the decedent's clothing; marital status; location 
 of death including name of hospital where applicable; name of 
 spouse; whether or not the decedent ever served in the armed 
 forces of the United States; occupation; business; father's name 
 (also birth name, if different); mother's name (also birth name, 
 if different); birthplace; birthplace of parents; cause of 
 death; causes of cause of death; whether an autopsy was 
 performed and if so, whether it was conclusive; date and place 
 of injury, if applicable, including work place; how injury 
 occurred; whether death was caused by accident, suicide, 
 homicide, or was of undetermined cause; certification of 
 attendance by physician; physician's name and address; 
 certification by coroner or medical examiner; name and signature 
 of coroner or medical examiner; type of disposition of body; 
 burial place name and location, if applicable; date of burial, 
 cremation or removal; funeral home name and address; and name of 
 local register or funeral director.  

    Subd. 3.    Unidentified individual; public data.  A 
 county coroner or medical examiner unable during an 
 investigation to identify a deceased individual, may release to 
 the public any relevant data which would assist in ascertaining 
 identity.  

    Subd. 4.    Investigative data.  Data created or 
 collected by a county coroner or medical examiner which is part 
 of an active investigation mandated by chapter 390, or any other 
 general or local law relating to coroners or medical examiners 
 is confidential data or protected nonpublic data, until the 
 completion of the coroner's or medical examiner's final summary 
 of findings but may be disclosed to a state or federal agency 
 charged by law with investigating the death of the deceased 
 individual about whom the medical examiner or coroner has 
 medical examiner data.  Upon completion of the coroner's or 
 medical examiner's final summary of findings, the data collected 
 in the investigation and the final summary of it are private or 
 nonpublic data.  However, if the final summary and the death 
 certificate indicate the manner of death is homicide, 
 undetermined, or pending investigation and there is an active 
 law enforcement investigation, within the meaning of section 
 13.82, subdivision 5, relating to the death of the deceased 
 individual, the data remain confidential or protected 
 nonpublic.  Upon review by the county attorney of the 
 jurisdiction in which the law enforcement investigation is 
 active, the data may be released to persons described in 
 subdivision 8 if the county attorney determines release would 
 not impede the ongoing investigation.  When the law enforcement 
 investigation becomes inactive, the data are private or 
 nonpublic data.  Nothing in this subdivision shall be construed 
 to make not public the data elements identified in subdivision 2 
 at any point in the investigation or thereafter.  

    Subd. 5.    Other data.  All other medical examiner data 
 on deceased individuals are nonpublic and shall not be disclosed 
 except: 

    (1) pursuant to the provisions of chapter 390, or any other 
 general or local law on county coroners or medical examiners; 

    (2) to a state or federal agency charged by law with 
 investigating the death of the deceased individual about whom 
 the medical examiner or coroner has medical examiner data; or 

    (3) pursuant to a valid court order. 

    Subd. 6.    Other data.  Unless a statute specifically 
 provides a different classification, all other data created or 
 collected by a county coroner or medical examiner that is not 
 data on deceased individuals or the manner and circumstances of 
 their death is public pursuant to section 13.03.  

    Subd. 7.    Court review.  Any person may petition the 
 district court located in the county where medical examiner data 
 is being maintained to authorize disclosure of nonpublic, 
 protected nonpublic, or confidential medical examiner data.  The 
 petitioner shall notify the medical examiner or coroner.  The 
 court may notify other interested persons and require their 
 presence at a hearing.  A hearing may be held immediately if the 
 parties agree, and in any event shall be held as soon as 
 practicable.  After examining the data in camera, the court may 
 order disclosure of the data if it determines that disclosure 
 would be in the public interest.  

    Subd. 8.    Access to nonpublic data.  The data made 
 nonpublic by this section are accessible to the physician who 
 attended the decedent at the time of death, the legal 
 representative of the decedent's estate and to the decedent's 
 surviving spouse, parents, children, and siblings and their 
 legal representatives. 

    Subd. 9.    Change in classification.  Data classified 
 as nonpublic, protected nonpublic, or confidential by this 
 section shall be classified as public 30 years after the date of 
 death of the decedent.  

    Subd. 10.    Classification of certain medical examiner 
 and coroner data.  Data described in sections 383B.225, 
 subdivision 6, 390.11, subdivision 7, and 390.32, subdivision 6, 
 shall be classified as described therein. 

    HIST: 1981 c 311 s 24,39; 1982 c 545 s 24; 1985 c 298 s 37; 
 1986 c 444; 1987 c 49 s 1; 1989 c 175 s 2; 1990 c 573 s 13-17; 
 1991 c 319 s 11-13; 1995 c 29 s 1,2; 1995 c 259 art 1 s 24 

     13.84 Court services data. 

    Subdivision 1.    Definition.  As used in this section 
 "court services data" means data that are created, collected, 
 used or maintained by a court services department, parole or 
 probation authority, correctional agency, or by an agent 
 designated by the court to perform studies or other duties and 
 that are on individuals who are or were defendants, parolees or 
 probationers of a municipal, district or county court, 
 participants in diversion programs, petitioners or respondents 
 to a family court, or juveniles adjudicated delinquent and 
 committed, detained prior to a court hearing or hearings, or 
 found to be dependent or neglected and placed under the 
 supervision of the court.  

    Subd. 2.    General.  Unless the data is summary data 
 or a statute, including sections 609.115 and 257.70, 
 specifically provides a different classification, the following 
 court services data are classified as private pursuant to 
 section 13.02, subdivision 12:  

    (a) Court services data on individuals gathered at the 
 request of a municipal, district or county court to determine 
 the need for any treatment, rehabilitation, counseling, or any 
 other need of a defendant, parolee, probationer, or participant 
 in a diversion program, and used by the court to assist in 
 assigning an appropriate sentence or other disposition in a 
 case; 

    (b) Court services data on petitioners or respondents to a 
 family court gathered at the request of the court for purposes 
 of, but not limited to, individual, family, marriage, chemical 
 dependency and marriage dissolution adjustment counseling, 
 including recommendations to the court as to the custody of 
 minor children in marriage dissolution cases; 

    (c) Court services data on individuals gathered by 
 psychologists in the course of providing the court or its staff 
 with psychological evaluations or in the course of counseling 
 individual clients referred by the court for the purpose of 
 assisting them with personal conflicts or difficulties.  

    Subd. 3.    Third party information.  Whenever, in the 
 course of gathering the private data specified above, a 
 psychologist, probation officer or other agent of the court is 
 directed by the court to obtain data on individual defendants, 
 parolees, probationers, or petitioners or respondents in a 
 family court, and the source of that data provides the data only 
 upon the condition of its being held confidential, that data and 
 the identity of the source shall be confidential data on 
 individuals, pursuant to section 13.02, subdivision 3.  

    Subd. 4.    Probation data.  Progress reports and other 
 reports and recommendations provided at the request of the court 
 by parole or probation officers for the purpose of determining 
 the appropriate legal action or disposition regarding an 
 individual on probation are confidential data on individuals.  

    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 correctional agency having statutorily granted 
 supervision over the individual subject of the data; 

    (e) Pursuant to subdivision 5a; or 

    (f) Pursuant to a valid court order. 

    Subd. 5a.    Public benefit data.  (a) The responsible 
 authority or its designee of a parole or probation authority or 
 correctional agency may release private or confidential court 
 services data related to:  

    (1) criminal acts to any law enforcement agency, if 
 necessary for law enforcement purposes; and 

    (2) criminal acts or delinquent acts to the victims of 
 criminal or delinquent acts to the extent that the data are 
 necessary for the victim to assert the victim's legal right to 
 restitution.  

    (b) A parole or probation authority, a correctional agency, 
 or agencies that provide correctional services under contract to 
 a correctional agency may release to a law enforcement agency 
 the following data on defendants, parolees, or probationers:  
 current address, dates of entrance to and departure from agency 
 programs, and dates and times of any absences, both authorized 
 and unauthorized, from a correctional program.  

    (c) The responsible authority or its designee of a juvenile 
 correctional agency may release private or confidential court 
 services data to a victim of a delinquent act to the extent the 
 data are necessary to enable the victim to assert the victim's 
 right to request notice of release under section 611A.06.  The 
 data that may be released include only the name, home address, 
 and placement site of a juvenile who has been placed in a 
 juvenile correctional facility as a result of a delinquent act.  

    Subd. 6.    Public data.  The following court services 
 data on adult individuals is public:  

    (a) name, age, 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.  

    Subd. 7.    Limitation.  Nothing in this section shall 
 limit public access to data made public by section 13.82.  

    Subd. 8.    Child abuse data; release to child protective 
 services.  A court services agency may release private or 
 confidential data on an active case involving assessment or 
 investigation of actions that are defined as sexual abuse, 
 physical abuse, or neglect under section 626.556 to a local 
 welfare agency if: 

    (1) the local welfare agency has an active case involving a 
 common client or clients who are the subject of the data; and 

    (2) the data are necessary for the local welfare agency to 
 effectively process the agency's case, including investigating 
 or performing other duties relating to the case required by law. 

    Court services data disclosed under this subdivision may be 
 used only for purposes of the active case described in clause 
 (1) and may not be further disclosed to any other person or 
 agency, except as authorized by law. 

    HIST: 1981 c 311 s 39; 1982 c 545 s 18,24; 1985 c 298 s 38,39; 
 1988 c 670 s 5,6; 1989 c 278 s 1; 1990 c 573 s 18; 1990 c 579 s 
 1; 1991 c 319 s 14; 1994 c 618 art 1 s 16 

     13.85 Corrections and detention data. 

    Subdivision 1.    Definition.  As used in this section, 
 "corrections and detention data" means data on individuals 
 created, collected, used or maintained because of their lawful 
 confinement or detainment in state reformatories, prisons and 
 correctional facilities, municipal or county jails, lockups, 
 work houses, work farms and all other correctional and detention 
 facilities.  

    Subd. 2.    Private data.  Unless the data are summary 
 data or arrest data, or a statute specifically provides a 
 different classification, corrections and detention data on 
 individuals are classified as private pursuant to section 13.02, 
 subdivision 12, to the extent that the release of the data would 
 either (a) disclose personal, medical, psychological, or 
 financial information or (b) endanger an individual's life.  

    Subd. 3.    Confidential data.  Corrections and 
 detention data are confidential, pursuant to section 13.02, 
 subdivision 3, to the extent that release of the data would:  
 (a) endanger an individual's life, (b) endanger the 
 effectiveness of an investigation authorized by statute and 
 relating to the enforcement of rules or law, (c) identify a 
 confidential informant, or (d) clearly endanger the security of 
 any institution or its population.  

    Subd. 4.    Public data.  After any presentation to a 
 court, any data made private or confidential by this section 
 shall be public to the extent reflected in court records.  

    Subd. 5.    Public benefit data.  The responsible 
 authority or its designee of any agency that maintains 
 corrections and detention data may release private or 
 confidential corrections and detention data to any law 
 enforcement agency, if necessary for law enforcement purposes, 
 or to the victim of a criminal act where the data are necessary 
 for the victim to assert the victim's legal right to restitution.

    HIST: 1981 c 311 s 39; 1982 c 545 s 17,24; 1988 c 670 s 7 

     13.86 Investigative detention data. 

    Subdivision 1.    Definition.  As used in this section, 
 "investigative detention data" means government data created, 
 collected, used or maintained by the state correctional 
 facilities, municipal or county jails, lockups, work houses, 
 work farms and other correctional and detention facilities 
 which:  (a) if revealed, would disclose the identity of an 
 informant who provided information about suspected illegal 
 activities, and (b) if revealed, is likely to subject the 
 informant to physical reprisals by others.  

    Subd. 2.    General.  Investigative detention data is 
 confidential and shall not be disclosed except:  

    (a) Pursuant to section 13.05 or any other statute; 

    (b) Pursuant to a valid court order; or 

    (c) To a party named in a civil or criminal proceeding, 
 whether administrative or judicial, to the extent required by 
 the relevant rules of civil or criminal procedure.  

    HIST: 1979 c 102 s 13; 1980 c 603 s 22; 1981 c 311 s 39; 1982 
 c 545 s 24 

     13.861 Security service data. 

    Subdivision 1.    Definitions.  As used in this section: 

    (a) "Security service" means an organization that provides 
 security services to a state agency or political subdivision as 
 a part of the governmental entity or under contract to it.  
 Security service does not include a law enforcement agency. 

    (b) "Security service data" means all data collected, 
 created, or maintained by a security service for the purpose of 
 providing security services. 

    Subd. 2.    Classification.  Security service data that 
 are similar to the data described as request for service data 
 and response or incident data in section 13.82, subdivisions 3 
 and 4, are public.  If personnel of a security service make a 
 citizen's arrest, then any security service data that are 
 similar to the data described as arrest data in section 13.82, 
 subdivision 2, are public.  If a security service participates 
 in but does not make an arrest it shall, upon request, provide 
 data that identify the arresting law enforcement agency.  All 
 other security service data are security information pursuant to 
 section 13.37. 

    HIST: 1993 c 351 s 19 

     13.87 Criminal history data. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "criminal history data" means all data maintained in 
 criminal history records compiled by the bureau of criminal 
 apprehension and disseminated through the criminal justice 
 information system, including, but not limited to fingerprints, 
 photographs, identification data, arrest data, prosecution data, 
 criminal court data, custody and supervision data.  

    Subd. 2.    Classification.  Criminal history data 
 maintained by agencies, political subdivisions and statewide 
 systems are classified as private, pursuant to section 13.02, 
 subdivision 12, except that data created, collected, or 
 maintained by the bureau of criminal apprehension that identify 
 an individual who was convicted of a crime and the offense of 
 which the individual was convicted are public data for 15 years 
 following the discharge of the sentence imposed for the offense. 

    The bureau of criminal apprehension shall provide to the 
 public at the central office of the bureau the ability to 
 inspect in person, at no charge, through a computer monitor the 
 criminal conviction data classified as public under this 
 subdivision. 

    Subd. 3.    Limitation.  Nothing in this section shall 
 limit public access to data made public by section 13.82.  

    HIST: 1981 c 311 s 39; 1982 c 545 s 16,24; 1993 c 171 s 2; 
 1993 c 326 art 11 s 1 

     13.88 Community dispute resolution center data. 

    The guidelines shall provide that all files relating to a 
 case in a community dispute resolution program are to be 
 classified as private data on individuals, pursuant to section 
 13.02, subdivision 12, with the following exceptions:  

    (1) When a party to the case has been formally charged with 
 a criminal offense, the data are to be classified as public data 
 on individuals, pursuant to section 13.02, subdivision 15.  

    (2) Data relating to suspected neglect or physical or 
 sexual abuse of children or maltreatment of vulnerable adults 
 are to be subject to the reporting requirements of sections 
 626.556 and 626.557.  

    HIST: 1984 c 654 art 2 s 39; 1995 c 229 art 4 s 2 

     13.89 Dissemination of data to protection and advocacy 
  systems. 

    Subdivision 1.    Mental retardation.  Data on clients 
 and residents of facilities or programs licensed pursuant to 
 sections 144.50 to 144.58, 245A.01 to 245A.16, and 252.28, 
 subdivision 2, may be disseminated to the protection and 
 advocacy system established in this state pursuant to Part C of 
 Public Law Number 98-527 to protect the legal and human rights 
 of persons with mental retardation or other related conditions 
 who live in residential facilities or programs for these persons 
 if: 

    (1) the protection and advocacy system receives a complaint 
 by or on behalf of that person; and 

    (2) the person does not have a legal guardian or the state 
 or a designee of the state is the legal guardian of the person. 

    Subd. 2.    Mental illness or emotional impairment.  
 Data on an individual who has significant mental illness or 
 emotional impairment and who is an inpatient or resident in a 
 facility rendering care or treatment may be disseminated to the 
 protection and advocacy system established in this state 
 pursuant to Public Law Number 99-319 to protect the rights of 
 mentally ill individuals if: 

    (1) the protection and advocacy system receives a complaint 
 by or on behalf of the person or there is probable cause to 
 believe that the person has been subjected to abuse or neglect, 
 as defined in Public Law Number 99-319; 

    (2) the person is by reason of a mental or physical 
 condition unable to authorize the system to have access to data; 
 and 

    (3) the person does not have a legal guardian or the state 
 is the legal guardian of the person. 

    HIST: 1985 c 298 s 42; 1987 c 236 s 1; 1989 c 209 art 2 s 1; 
 1995 c 259 art 1 s 25 

     13.90 Judiciary exempt. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "judiciary" means any office, officer, department, 
 division, board, commission, committee, or agency of the courts 
 of this state, whether or not of record, including but not 
 limited to the board of law examiners, the lawyer's professional 
 responsibility board, the board of judicial standards, the 
 lawyer's trust account board, the state law library, the state 
 court administrator's office, the district court administrator's 
 office, and the office of the court administrator. 

    Subd. 2.    Exemption.  The judiciary is not governed by 
 this chapter.  Access to data of the judiciary is governed by 
 rules adopted by the supreme court. 

    HIST: 1985 c 298 s 44; 1Sp1986 c 3 art 1 s 82; 1995 c 259 art 
 1 s 26 

     13.99 Other government data provisions. 

    Subdivision 1.    Provisions coded in other chapters.  
 The laws enumerated in this section are codified outside of this 
 chapter and classify government data as other than public or 
 place restrictions on access to government data.  Except for 
 records of the judiciary, 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 also apply to data and 
 records listed in this section and to other provisions of 
 statute that provide access to government data and records or 
 rights regarding government data similar to those established by 
 section 13.04. 

    Subd. 2. Repealed, 1996 c 305 art 1 s 2 

    Subd. 3.    Legislative audit data.  Data relating to an 
 audit performed under section 3.97 are classified under section 
 3.97, subdivision 11. 

    Subd. 3a.    State auditor data.  Data relating to an 
 audit under chapter 6 are classified under section 6.715. 

    Subd. 4.    Campaign finance and public disclosure board 
 information.  Disclosure by the campaign finance and public 
 disclosure board of information about a complaint or 
 investigation is governed by section 10A.02, subdivision 11. 

    Subd. 5.    Ethical practices investigation data.  The 
 record of certain investigations conducted under chapter 10A is 
 classified, and disposition of certain information is governed, 
 by section 10A.02, subdivision 11a. 

    Subd. 5a.    Campaign finance and public disclosure board 
 opinions.  A request for a campaign finance and public 
 disclosure board advisory opinion and the opinion itself are 
 classified under section 10A.02, subdivision 12. 

    Subd. 6.    Register of ownership of bonds or 
 certificates.  Information in a register of ownership of state 
 bonds or certificates is classified under section 16A.672, 
 subdivision 11. 

    Subd. 6a.    State debt collection data.  Data on 
 debtors received, collected, created, or maintained by the 
 commissioner of finance are classified under section 16D.06. 

    Subd. 6b.    Agriculture best management practices loan 
 program.  Data collected by the commissioner on applicants or 
 borrowers for the agriculture best management practices loan 
 program are governed by section 17.117. 

    Subd. 6c.    Aquaculture data.  Data on aquatic farming 
 held by the pollution control agency is classified under section 
 17.498. 

    Subd. 6d.    Agricultural commodity handlers.  Access to 
 data filed with the commissioner of agriculture by agricultural 
 commodity handlers is governed by section 17.694, subdivision 1. 

    Subd. 6e.    Agricultural commodities promotion council. 
  Financial information on producers of agricultural 
 commodities that is provided to the agricultural commodities 
 promotion council is governed by section 17.62. 

    Subd. 7.    Pesticide dealer and applicator records.  
 Records of pesticide dealers and applicators inspected or copied 
 by the commissioner of agriculture are classified under sections 
 18B.37, subdivision 5, and 18B.38. 

    Subd. 7a.    Wholesale produce dealers.  Financial data 
 submitted by a license applicant is classified under section 
 27.04, subdivision 2. 

    Subd. 7b.    Meat inspection data.  Access to 
 information obtained by the commissioner of agriculture under 
 the meat inspection law is governed by section 31A.27, 
 subdivision 3. 

    Subd. 8.    Dairy reports to commissioner of agriculture. 
  Disclosure of information in reports about dairy production 
 required to be filed with the commissioner of agriculture under 
 section 32.19 is governed by that section. 

    Subd. 8a.    Dairy product data.  Financial and 
 production information obtained by the commissioner of 
 agriculture to administer chapter 32 are classified under 
 section 32.71, subdivision 2. 

    Subd. 9.    Family farm security.  Data received or 
 prepared by the commissioner of agriculture regarding family 
 farm security loans are classified in section 41.63. 

    Subd. 10.    Rural finance authority.  Certain data 
 received or prepared by the rural finance authority are 
 classified pursuant to section 41B.211. 

    Subd. 11.    World trade center.  Certain data received 
 or developed by the governing board of the Minnesota world trade 
 center corporation are classified in section 44A.08. 

    Subd. 11a.    Certain data received by commissioner of 
 commerce.  Certain data received because of the participation 
 of the commissioner of commerce in various organizations are 
 classified under section 45.012. 

    Subd. 11b.    Bank incorporators data.  Financial data 
 on individuals submitted by incorporators proposing to organize 
 a bank are classified under section 46.041, subdivision 1. 

    Subd. 12.    Commerce department data on financial 
 institutions.  The disclosure by the commissioner of commerce 
 of facts and information obtained in the course of examining 
 financial institutions and in relation to complaints filed with 
 the commissioner is governed by section 46.07, subdivisions 2 
 and 3. 

    Subd. 12a.    Electronic financial terminal data.  
 Information obtained by the commissioner of commerce in the 
 course of verifying electronic financial terminal equipment is 
 classified under section 47.66. 

    Subd. 13. Repealed, 1997 c 157 s 72 

    Subd. 13a.    Licensed currency exchanges.  Financial 
 information in annual reports submitted to the commissioner of 
 commerce by currency exchanges is classified in section 53A.081, 
 subdivision 4. 

    Subd. 14.    Examination of insurance companies.  
 Information obtained by the commissioner of commerce in the 
 course of supervising or examining insurance companies is 
 classified under section 60A.03, subdivision 9.  An examination 
 report of a domestic or foreign insurance company prepared by 
 the commissioner is classified pursuant to section 60A.031, 
 subdivision 4.  

    Subd. 14a.    Surplus lines insurer data.  Reports and 
 recommendations on the financial condition of eligible surplus 
 lines insurers submitted to the commissioner of commerce are 
 classified under section 60A.208, subdivision 7. 

    Subd. 14b.    Material transaction reports.  Reports 
 required to be filed by insurers regarding certain material 
 transactions are classified under section 60A.135, subdivision 4.

    Subd. 14c.    Risk-based capital data.  Risk-based 
 capital reports and related reports, data, and orders maintained 
 by the commissioner of commerce are classified under section 
 60A.67. 

    Subd. 15.    Insurance company information.  Data 
 received by the department of commerce under section 60A.93 are 
 classified as provided by that section. 

    Subd. 15a.    Viatical settlements data.  Viatical 
 settlements data provided to the commissioner of commerce are 
 classified under section 60A.968, subdivision 2. 

    Subd. 16.    Proceeding and records in summary proceedings 
 against insurers.  Access to proceedings and records of 
 summary proceedings by the commissioner of commerce against 
 insurers and judicial review of such proceedings is governed by 
 section 60B.14, subdivisions 1, 2, and 3. 

    Subd. 17.    Insurance Guaranty Association.  The 
 commissioner may share data with the board of the Minnesota 
 Insurance Guaranty Association as provided by section 60C.14, 
 subdivision 2. 

    Subd. 17a.    HMO financial statements.  Unaudited 
 financial statements submitted to the commissioner by a health 
 maintenance organization are classified under section 62D.08, 
 subdivision 6. 

    Subd. 17b.    Insurer financial condition data.  
 Recommendations on the financial condition of an insurer 
 submitted to the commissioner of commerce by the insurance 
 guaranty association are classified under section 60C.15. 

    Subd. 18.    Various insurance data.  Disclosure of 
 information obtained by the commissioner of commerce under 
 section 60D.18, 60D.19, or 60D.20 is governed by section 60D.22. 

    Subd. 18a.    Insurer supervision data.  Data on 
 insurers supervised by the commissioner of commerce under 
 chapter 60G are classified under section 60G.03, subdivision 1. 

    Subd. 18b.    Insurance agent termination.  Access to 
 data on insurance agent terminations held by the commissioner of 
 commerce is governed by section 60K.10. 

    Subd. 18c.    Association data.  Certain data submitted 
 to the commissioner of commerce by a life and health guaranty 
 association are classified under section 61B.28, subdivision 2. 

    Subd. 18d.    Solicitor or agent data.  Data relating to 
 suspension or revocation of a solicitor's or agent's license are 
 classified under section 62C.17, subdivision 4. 

    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. 

    Subd. 19a.    Health technology data.  Data obtained by 
 the health technology advisory committee about a specific 
 technology are classified under section 62J.152, subdivision 7. 

    Subd. 19b.    Provider conflicts of interest.  Certain 
 data in transition plans submitted by providers to comply with 
 section 62J.23, subdivision 2, on conflicts of interest are 
 classified under that section. 

    Subd. 19c.    Health data and research initiatives.  
 Data collected by the commissioner of health for data and 
 research initiatives are classified under section 62J.321, 
 subdivision 5. Data collected for purposes of sections 62J.301 
 to 62J.42 that identify patients or providers are classified 
 under section 62J.321, subdivision 5. 

    Subd. 19d.    Health carrier data.  Data received by the 
 commissioner from health carriers under chapter 62L are 
 classified under section 62L.10, subdivision 3. 

    Subd. 19e.    Small employer reinsurance association data. 
  Patient identifying data held by the reinsurance association 
 are classified under section 62L.16, subdivision 6. 

    Subd. 19f.    Legal service plan solicitor or agent data. 
  Information contained in a request by a legal service plan 
 for termination of a solicitor's or agent's license is 
 classified under section 62G.20, subdivision 3. 

    Subd. 19g.    Antitrust exemption.  Trade secret data 
 submitted in an application for exemption from antitrust laws by 
 health care entities are classified under section 62J.2914, 
 subdivision 5. 

    Subd. 19h.    Health care cost containment.  Data 
 required to be submitted under health care cost containment 
 provisions are classified by sections 62J.321, subdivision 5, 
 and 62J.452, subdivision 2. 

    Subd. 19i.    Health data institute.  Health data 
 institute data are classified under section 62J.452, subdivision 
 2. 

    Subd. 19j.    Essential community provider.  Data on 
 applications for designation as an essential community provider 
 are classified under section 62Q.19, subdivision 2. 

    Subd. 19k.    Preferred provider agreements.  The terms 
 and conditions of certain preferred provider agreements are 
 classified in section 62E.13, subdivision 11. 

    Subd. 19l.    Minnesota risk adjustment association.  
 Data privacy issues concerning the Minnesota risk adjustment 
 association are governed by section 62Q.03, subdivision 9. 

    Subd. 20.    Auto theft data.  The sharing of data on 
 auto thefts between law enforcement and prosecutors and insurers 
 is governed by section 65B.82. 

    Subd. 20a.    Insurance contract data.  Certain 
 insurance contract data held by the commissioner of commerce are 
 classified under section 72A.20, subdivision 15. 

    Subd. 20b.    Health claims appeals.  Documents that are 
 part of an appeal from denial of health care coverage for 
 experimental treatment are classified under section 72A.327. 

    Subd. 20c.    Self-insurers advisory committee.  Data 
 received by the self-insurers' advisory committee from the 
 commissioner is classified under section 79A.02, subdivision 2. 

    Subd. 21.    Self-insurers' security fund.  Disclosure 
 of certain data received by the self-insurers' security is 
 governed by section 79A.09, subdivision 4.  

    Subd. 21a.    Mineral data.  Data submitted in applying 
 for a permit for mineral deposit evaluation and as a result of 
 exploration are classified under section 103I.605, subdivisions 
 2 and 4.  

    Subd. 21b.    Transfer station data.  Data received by a 
 county or district from a transfer station under section 
 115A.84, subdivision 5, are classified under that section. 

    Subd. 21c.    Customer lists.  Customer lists provided 
 to counties or cities by solid waste collectors are classified 
 under section 115A.93, subdivision 5. 

    Subd. 21d. Repealed, 1997 c 7 art 1 s 1 

    Subd. 21e.    Exclusion of waste materials.  Data 
 included in a document submitted by a transfer station under 
 section 115A.84, subdivision 5, is classified under that 
 subdivision. 

    Subd. 22.    Environmental response.  Certain data 
 obtained by the pollution control agency from a person who may 
 be responsible for a release are classified in section 115B.17, 
 subdivision 5. 

    Subd. 23.    Hazardous waste generators.  Data exchanged 
 between the pollution control agency and the department of 
 revenue under sections 115B.24 and 116.075, subdivision 2, are 
 classified under section 115B.24, subdivision 5. 

    Subd. 24.    Solid waste records.  (a) Records of solid 
 waste facilities received, inspected, or copied by a county 
 pursuant to section 115A.882 are classified pursuant to section 
 115A.882, subdivision 3. 

    (b) Customer lists provided to counties or cities by solid 
 waste collectors are classified under section 115A.93. 

    Subd. 24a. Repealed, 1997 c 7 art 1 s 2 

    Subd. 24b.    Petroleum tank release.  Certain data in 
 connection with a petroleum tank release are classified under 
 section 115C.03, subdivision 8. 

    Subd. 24c.    Toxic pollution prevention plans.  Toxic 
 pollution prevention plans are classified under section 115D.09. 

    Subd. 25.    Hazardous waste generators.  Information 
 provided by hazardous waste generators under section 473.151 and 
 for which confidentiality is claimed is governed by section 
 116.075, subdivision 2. 

    Subd. 26.    Pollution control agency tests.  Trade 
 secret information made available by applicants for certain 
 projects of the pollution control agency is classified under 
 section 116.54. 

    Subd. 27.    Low-level radioactive waste.  Certain data 
 given to the pollution control agency by persons who generate, 
 transport, or dispose of low-level radioactive waste are 
 classified under section 116C.840. 

    Subd. 27a.    Minnesota Technology, Inc.  Data on a tape 
 of a closed board meeting of Minnesota Technology, Inc. are 
 classified under section 116O.03, subdivision 6.  Certain data 
 disclosed to the board or employees of Minnesota Technology, 
 Inc. are classified under section 116O.03, subdivision 7. 

    Subd. 27b.    Airlines data.  Specified data about an 
 airline submitted in connection with state financing of certain 
 aircraft maintenance facilities are classified under section 
 116R.02, subdivision 3. 

    Subd. 27c.    Minnesota Business Finance, Inc.  Various 
 data held by Minnesota Business Finance, Inc. are classified 
 under section 116S.02, subdivision 8. 

    Subd. 27d.    Learning readiness program.  Data on a 
 child participating in a learning readiness program are 
 classified under section 121.831, subdivision 9. 

    Subd. 27e.    Developmental screening.  Data collected 
 in early childhood developmental screening programs are 
 classified under section 123.704. 

    Subd. 27f.    Teacher license reporting.  Data on 
 certain teacher discharges and resignations reported under 
 section 125.09 are classified under that section. 

    Subd. 28.    Student financial aid.  Data collected and 
 used by the higher education services office on applicants for 
 financial assistance are classified under section 136A.162. 

    Subd. 28a.    Higher education services office.  
 Financial records submitted by schools registering with the 
 higher education services office are classified under section 
 136A.64. 

    Subd. 28b.    Nursing home residents.  Access to certain 
 data on assessments of care and services to nursing home 
 residents is governed by section 144.0721, subdivision 2. 

    Subd. 29.    Restrictions on access to archives records. 
  Limitations on access to records transferred to the state 
 archives are provided in section 138.17, subdivision 1c. 

    Subd. 29a.    Parents' social security number; birth 
 certificate.  Parents' social security numbers provided for a 
 child's birth certificate are classified under section 144.215, 
 subdivision 4. 

    Subd. 29b.    Public health studies.  Data held by the 
 commissioner of health in connection with public health studies 
 are classified under section 144.053. 

    Subd. 29c.    Rural hospital grants.  Financial data on 
 individual hospitals under the rural hospital grant program are 
 classified under section 144.147, subdivision 5. 

    Subd. 30.    Foundling registration.  The report of the 
 finding of an infant of unknown parentage is classified under 
 section 144.216, subdivision 2. 

    Subd. 31.    New certificate of birth.  In circumstances 
 in which a new certificate of birth may be issued under section 
 144.218, the original certificate of birth is classified as 
 provided in that section. 

    Subd. 31a.    Vital records.  Physical access to vital 
 records is governed by section 144.225, subdivision 1. 

    Subd. 32.    Birth certificate of child of unmarried 
 parents.  Access to the birth certificate of a child whose 
 parents were not married to each other when the child was 
 conceived or born is governed by sections 144.225, subdivision 
 2, and 257.73. 

    Subd. 33.    Human leukocyte antigen type registry.  
 Data identifying a person and the person's human leukocyte 
 antigen type which is maintained by a government entity are 
 classified under section 144.336, subdivision 1. 

    Subd. 34.    Health threat procedures.  Data in a health 
 directive issued by the commissioner of health or a board of 
 health are classified in section 144.4186. 

    Subd. 35.    Certain health inspections.  Disclosure of 
 certain data received by the commissioner of health under 
 sections 144.50 to 144.56 is governed by section 144.58. 

    Subd. 35a.    Public hospital meetings.  Data from a 
 closed meeting of a public hospital are classified under section 
 144.581, subdivision 5. 

    Subd. 35b.    Epidemiologic data.  Epidemiologic data 
 that identify individuals are classified under section 144.6581. 

    Subd. 35c.    Traumatic injury data.  Data on 
 individuals with a brain or spinal injury collected by the 
 commissioner of health are classified under section 144.665. 

    Subd. 36.    Cancer surveillance system.  Data on 
 individuals collected by the cancer surveillance system are 
 classified pursuant to section 144.69. 

    Subd. 37.    Medical malpractice claims reports.  
 Reports of medical malpractice claims submitted by an insurer to 
 the commissioner of health under section 144.693 are classified 
 as provided in section 144.693, subdivision 1. 

    Subd. 38.    Health test results.  Health test results 
 obtained under chapter 144 are classified under section 144.768. 

    Subd. 38a.    Ambulance service data.  Data required to 
 be reported by ambulance services under section 144E.17, 
 subdivision 1, are classified under that section. 

    Subd. 38b.    Lead exposure data.  Data on individuals 
 exposed to lead in their residences are classified under 
 sections 144.9502, subdivision 9, and 144.9504, subdivision 2. 

    Subd. 39.    Home care services.  Certain data from 
 providers of home care services given to the commissioner of 
 health are classified under sections 144A.46, subdivision 5, and 
 144A.47. 

    Subd. 39a. Repealed, 1996 c 305 art 1 s 6 

    Subd. 40.    Terminated pregnancies.  Disclosure of 
 reports of terminated pregnancies made to the commissioner of 
 health is governed by section 145.413, subdivision 1. 

    Subd. 41.    Review organization data.  Disclosure of 
 data and information acquired by a review organization as 
 defined in section 145.61, subdivision 5, is governed by section 
 145.64. 

    Subd. 42.    Family planning grants.  Information 
 gathered under section 145.925 is classified under section 
 145.925, subdivision 6. 

    Subd. 42a.    Board of medical practice.  Data held by 
 the board of medical practice in connection with disciplinary 
 matters are classified under sections 147.01, subdivision 4, and 
 147.091, subdivision 6. 

    Subd. 42b.    Report of violations.  Certain reports of 
 violations submitted to the board of medical practice are 
 classified under section 147.121. 

    Subd. 43.    Physician investigation records.  Patient 
 medical records provided to the board of medical practice under 
 section 147.131 are classified under that section. 

    Subd. 44.    Record of physician disciplinary action.  
 The administrative record of any disciplinary action taken by 
 the board of medical practice under sections 147.01 to 147.22 is 
 sealed upon judicial review as provided in section 147.151.  
 Certain data relating to sexual misconduct are classified under 
 sections 147.092 and 147.01. 

    Subd. 45.    Chiropractic review records.  Data of the 
 board of chiropractic examiners and the peer review committee 
 are classified under sections 148.10, subdivision 1, and 
 148.106, subdivision 10. 

    Subd. 46.    Disciplinary action against nurses.  Data 
 obtained under section 148.261, subdivision 5, by the board of 
 nursing are classified under that subdivision. 

    Subd. 47.    Medical records obtained by board of nursing. 
  Medical records of a patient cared for by a nurse who is 
 under review by the board of nursing are classified under 
 sections 148.191, subdivision 2, and 148.265. 

    Subd. 48.    Records of nurse disciplinary action.  The 
 administrative records of any disciplinary action taken by the 
 board of nursing under sections 148.171 to 148.285 are sealed 
 upon judicial review as provided in section 148.266. 

    Subd. 48a.    Licensee residence addresses.  Residence 
 addresses of certain professional licensees are classified under 
 section 148B.04, subdivision 6. 

    Subd. 49.    Client, licensee, and reporting of violations 
 records obtained by boards on mental health and social work.  
 Client records obtained by a board conducting an investigation 
 under chapter 148B are classified by section 148B.09.  Certain 
 licensing data and data in reports of violations under chapter 
 148B are classified by sections 148B.04 and 148B.08. 

    Subd. 50.    Records of social work disciplinary action. 
  The administrative records of disciplinary action taken by 
 the board of social work are classified under section 148B.285. 

    Subd. 51.    Social work and mental health boards.  
 Certain data obtained by licensing boards under chapter 148B are 
 classified under section 148B.175, subdivisions 2 and 5. 

    Subd. 52.    Records of unlicensed mental health 
 practitioner disciplinary actions.  The administrative records 
 of disciplinary action taken by the commissioner of health 
 pursuant to sections 148B.60 to 148B.71 are sealed upon judicial 
 review as provided in section 148B.65. 

    Subd. 52a.    Mortuary science data.  (a) Data on 
 investigations and disciplinary actions by the commissioner of 
 health are classified under section 149A.04, subdivision 5. 

    (b) Data on individuals in annual reports required of 
 certain funeral establishments are classified under section 
 149A.97, subdivision 11. 

    Subd. 52b.    Unlicensed mental health practitioners.  
 Certain data in connection with the investigation of an 
 unlicensed mental health practitioner are classified under 
 section 148B.66, subdivision 2. 

    Subd. 53.    Board of dentistry.  Data obtained by the 
 board of dentistry under section 150A.08, subdivision 6, are 
 classified as provided in that subdivision.  Data obtained under 
 section 150A.081 are classified under that section. 

    Subd. 53a.    Controlled substance convictions.  Data on 
 certain convictions for controlled substances offenses may be 
 expunged under section 152.18, subdivision 3. 

    Subd. 53b.    Veterinary records.  Veterinary records on 
 clients when a veterinarian is under investigation are 
 classified under section 156.082.  Records on the veterinarian 
 are classified under section 156.125. 

    Subd. 54.    Motor vehicle registration.  Various data 
 on motor vehicle registrations are classified under sections 
 168.345 and 168.346. 

    Subd. 54a.    Chemical use assessments.  A report of an 
 assessment conducted in connection with a conviction for driving 
 while intoxicated is classified under section 169.126, 
 subdivision 2. 

    Subd. 54b.    Drivers' license cancellations.  Access to 
 data on individuals whose driver's licenses have been canceled 
 is governed by section 171.043. 

    Subd. 55.    Drivers' license photographs and images.  
 Photographs or electronically produced images taken by the 
 commissioner of public safety for drivers' licenses are 
 classified under section 171.07, subdivision 1a. 

    Subd. 56.    Drivers' license address.  The residence 
 address of certain individuals provided to the commissioner of 
 public safety in drivers' license applications is classified 
 under section 171.12, subdivision 7. 

    Subd. 56a.    Drivers' license cancellation due to 
 blindness.  Data on a visual examination performed for 
 purposes of drivers' license cancellation are classified under 
 section 171.32, subdivision 3. 

    Subd. 57.    Accident reports.  Release of accident 
 reports provided to the department of public safety under 
 section 169.09 is governed by section 169.09, subdivision 13. 

    Subd. 57a.    Special transportation service providers.  
 Certain data relating to alleged violations by special 
 transportation service providers is governed under section 
 174.30, subdivision 9. 

    Subd. 57b.    Special transportation service; ambulance 
 service.  Data relating to a person's physical condition or 
 medical treatment gathered by the commissioner of transportation 
 or the commissioner of health in an investigation of an alleged 
 violation by a special transportation service provider, is 
 governed by section 174.315. 

    Subd. 58.    Reporters to labor and industry.  
 Disclosure of the names of certain persons supplying information 
 to the department of labor and industry is prohibited by 
 sections 175.24 and 175.27.  

    Subd. 58a.    Workers' compensation medical data.  
 Access to medical data in connection with a workers' 
 compensation claim is governed by section 176.138. 

    Subd. 58b.    Workers' compensation coverage.  Access to 
 the identity of anyone reporting that an employer may not have 
 workers' compensation insurance is governed by section 176.184, 
 subdivision 5. 

    Subd. 59.    Report of death or injury to labor and 
 industry.  Access to a report of worker injury or death during 
 the course of employment filed by an employer under section 
 176.231 is governed by sections 176.231, subdivisions 8 and 9, 
 and 176.234. 

    Subd. 59a.    Employee drug and alcohol tests.  Results 
 of employee drug and alcohol tests are classified under section 
 181.954, subdivision 2. 

    Subd. 59b.    Identity of employees making complaints.  
 The disclosure of the identity of employees making certain 
 complaints is governed by section 181.932, subdivision 2. 

    Subd. 60.    Occupational safety and health.  Certain 
 data gathered or prepared by the commissioner of labor and 
 industry as part of occupational safety and health inspections 
 are classified under sections 182.659, subdivision 8, and 
 182.668, subdivision 2. 

    Subd. 61.    Employee drug and alcohol test results.  
 Test results and other information acquired in the drug and 
 alcohol testing process, with respect to public sector employees 
 and applicants, are classified by section 181.954, subdivision 
 2, and access to them is governed by section 181.954, 
 subdivision 3. 

    Subd. 62.    Certain veterans benefits.  Access to files 
 pertaining to claims for certain veterans benefits is governed 
 by section 196.08. 

    Subd. 63.    Veterans service officers.  Data maintained 
 by veterans service officers are classified under section 
 197.603. 

    Subd. 63a.    Registered voter lists.  Access to 
 registered voter lists is governed by section 201.091. 

    Subd. 64.    Health licensing boards.  Data held by 
 health licensing boards are classified under sections 214.10, 
 subdivision 8, and 214.25, subdivision 1. 

    Subd. 64a.    Combined boards data.  Data held by 
 licensing boards participating in a health professional services 
 program are classified under sections 214.34 and 214.35. 

    Subd. 65.    Commissioner of public service.  Certain 
 energy data maintained by the commissioner of public service are 
 classified under section 216C.17, subdivision 4. 

    Subd. 65a.    Energy conservation investment loans.  
 Data contained in applications for energy conservation 
 investment loans, including supporting technical documentation, 
 is governed by section 216C.37, subdivisions 3a and 3b. 

    Subd. 65b.    Transporting hazardous material or waste; 
 permit application.  Data submitted under section 221.0355, 
 subdivision 9, and received by the commissioner of 
 transportation on applications for permits to transport 
 hazardous material or hazardous waste are classified under 
 section 221.0355, subdivision 9.  

    Subd. 65c.    Rail carrier data.  Certain data submitted 
 to the commissioner of transportation and the attorney general 
 by acquiring and divesting rail carriers are classified under 
 section 222.86, subdivision 3. 

    Subd. 65d.    Grain buyer licensee data.  Financial data 
 submitted to the commissioner by grain buyer's license 
 applicants are classified under section 223.17, subdivision 6. 

    Subd. 65e.    Predatory offenders.  Data provided under 
 section 243.166, subdivision 7, are classified under that 
 section. 

    Subd. 66.    Mental health records.  Disclosure of the 
 names and addresses of persons receiving mental health services 
 is governed by section 245.467, subdivision 6.  

    Subd. 67.    Children receiving mental health services.  
 Disclosure of identities of children receiving mental health 
 services under sections 245.487 to 245.4887, and the identities 
 of their families, is governed by section 245.4876, subdivision 
 7. 

    Subd. 68.    Mental health clinics and centers.  Data 
 collected by mental health clinics and centers approved by the 
 commissioner of human services are classified under section 
 245.69, subdivision 2. 

    Subd. 68a.    Ombudsman for mental health and retardation. 
  Access by the ombudsman for mental health and mental 
 retardation to private data on individuals is provided under 
 section 245.94, subdivision 1. 

    Subd. 69.    State hospital patients.  Contents of, and 
 access to, records of state hospital patients required to be 
 kept by the commissioner of human services are governed by 
 section 246.13. 

    Subd. 70.    Chemical dependency service agreements.  
 Certain data received by the commissioner of human services from 
 chemical dependency programs are classified under section 
 246.64, subdivision 4. 

    Subd. 71. Repealed, 1995 c 186 s 7 

    Subd. 72.    Prepetition screening.  Prepetition 
 screening investigations for judicial commitments are classified 
 as private under section 253B.07, subdivision 1, paragraph (b).  

    Subd. 73.    Subject of research; recipients of alcohol or 
 drug abuse treatment.  Access to records of individuals who 
 are the subject of research or who receive information, 
 assessment, or treatment concerning alcohol or drug abuse is 
 governed by section 254A.09. 

    Subd. 74.    Child mortality review panel.  Data 
 practices of the commissioner of human services as part of the 
 child mortality review panel are governed by section 256.01, 
 subdivision 12. 

    Subd. 74a.    Technology assistance review panel.  Data 
 maintained by the technology assistance review panel under 
 section 256.9691, subdivision 6, are classified under that 
 section. 

    Subd. 74b.    Medical assistance cost reports.  Medical 
 records of medical assistance recipients obtained by the 
 commissioner of human services for purposes of section 256B.27, 
 subdivision 5, are classified under that section. 

    Subd. 74c.    Ombudsman on aging.  Data held by the 
 ombudsman on aging are classified under section 256.9744. 

    Subd. 75.    Records of artificial insemination.  Access 
 to records held by a court or other agency concerning artificial 
 insemination performed on a married woman with her husband's 
 consent is governed by section 257.56, subdivision 1. 

    Subd. 76.    Parentage action records.  Inspection of 
 records in parentage actions held by the court, the commissioner 
 of human services, or elsewhere is governed by section 257.70. 

    Subd. 76a.    Name changes of protected witnesses and 
 victims.  Court records of name changes of participants in a 
 witness and victim protection program are governed by section 
 259.10, subdivision 2. 

    Subd. 76b.    Putative fathers' adoption registry.  Data 
 in the putative fathers' adoption registry are classified under 
 section 259.52, subdivision 4. 

    Subd. 77.    Commissioner's records of adoption.  
 Records of adoption held by the commissioner of human services 
 are classified, and access to them is governed by section 
 259.79, subdivisions 1 and 3. 

    Subd. 78.    Adoption records.  Various adoption records 
 are classified under section 259.53, subdivision 1.  Access to 
 the original birth certificate of a person who has been adopted 
 is governed by section 259.89. 

    Subd. 79.    Peace officers, court services, and 
 corrections records of juveniles.  Inspection and maintenance 
 of juvenile records held by police and the commissioner of 
 corrections and disclosure to school officials of court services 
 data on juveniles adjudicated delinquent are governed by section 
 260.161. 

    Subd. 79a.    Court records.  Court records of 
 dispositions involving placement outside this state are 
 classified under section 260.195, subdivision 6. 

    Subd. 80.    Commissioner of economic security.  Data 
 maintained by the commissioner of economic security are 
 classified under section 268.19. 

    Subd. 81.    Transitional housing data.  Certain data 
 collected, used, or maintained by the recipient of a grant to 
 provide transitional housing are classified under section 
 268.38, subdivision 9. 

    Subd. 81a.    Wage subsidy program.  Data on individuals 
 collected under section 268.552, subdivision 7, are classified 
 under that subdivision. 

    Subd. 81b.    Minnesota youth program.  Data on 
 individuals under the Minnesota youth program are classified 
 under section 268.561, subdivision 7. 

    Subd. 82.    Emergency jobs program.  Data maintained by 
 the commissioner of economic security for the emergency jobs 
 program are classified under section 268.673, subdivision 5. 

    Subd. 83.    Vocational rehabilitation data.  Disclosure 
 of data obtained by the commissioner of economic security 
 regarding the vocational rehabilitation of an injured or 
 disabled employee is governed by section 268A.05. 

    Subd. 84.    Revenue recapture act.  Data maintained by 
 the commissioner of revenue under the revenue recapture act are 
 classified under section 270A.11. 

    Subd. 85.    Tax data; classification and disclosure.  
 Classification and disclosure of tax data created, collected, or 
 maintained by the department of revenue under chapter 290, 290A, 
 291, or 297A are governed by chapter 270B. 

    Subd. 85a.    Certificate of value.  Data in a real 
 estate certificate of value filed with the county auditor is 
 classified under section 272.115, subdivision 1. 

    Subd. 86.    Homestead applications.  The classification 
 and disclosure of certain information collected to determine 
 homestead classification is governed by section 273.124, 
 subdivision 13. 

    Subd. 86a.    Political contribution refund.  Certain 
 political contribution refund data in the revenue department are 
 classified under section 290.06, subdivision 23. 

    Subd. 86b.    Gross earnings taxes.  Certain patient 
 data provided to the department of revenue under chapter 295 are 
 classified under section 295.57, subdivision 2. 

    Subd. 87.    Motor vehicle registrars.  Disclosure of 
 certain information obtained by motor vehicle registrars is 
 governed by section 297B.12. 

    Subd. 88.    Marijuana and controlled substance tax 
 information.  Disclosure of information obtained under chapter 
 297D is governed by section 297D.13, subdivisions 1 to 3. 

    Subd. 89.    Mineral rights filings.  Data filed 
 pursuant to section 298.48 with the commissioner of revenue by 
 owners or lessees of mineral rights are classified under section 
 298.48, subdivision 4. 

    Subd. 89a.    Criminal alert network.  Data on private 
 sector members of the criminal alert network are classified 
 under section 299A.61, subdivision 2. 

    Subd. 90.    Undercover buy fund.  Records relating to 
 applications for grants under section 299C.065 are classified 
 under section 299C.065, subdivision 4. 

    Subd. 90a.    Criminal justice information network.  
 Data collected by the criminal justice data communications 
 network are classified under section 299C.46, subdivision 5. 

    Subd. 90b.    Criminal gang investigative data system.  
 Data in the criminal gang investigative data system are 
 classified in section 299C.091. 

    Subd. 91.    Arson investigations.  Data maintained as 
 part of arson investigations are governed by sections 299F.055 
 and 299F.056. 

    Subd. 91a.    Hazardous substance emergencies.  Data 
 collected by a fire department under sections 299F.091 to 
 299F.099 are classified under sections 299F.095 and 299F.096, 
 subdivision 1. 

    Subd. 92.    Office of pipeline safety.  Data obtained 
 by the director of the office of pipeline safety are classified 
 under section 299J.13. 

    Subd. 92a.    Gambling enforcement investigative data.  
 Data provided to the director of the division of alcohol and 
 gambling enforcement by a governmental entity located outside 
 Minnesota for use in an authorized investigation, audit, or 
 background check are governed by section 299L.03, subdivision 11.

    Subd. 92b.    Data on videotape consumers.  Personally 
 identifiable information on videotape consumers received by law 
 enforcement agencies is classified under section 325I.02, 
 subdivision 2. 

    Subd. 92c.    Sports bookmaking tax.  Disclosure of 
 facts contained in a sports bookmaking tax return is prohibited 
 by section 297E.03, subdivision 8. 

    Subd. 92d.    Lottery prize winner.  Certain data on a 
 lottery prize winner are classified under section 349A.08, 
 subdivision 9. 

    Subd. 92e.    Professional corporations or firms.  
 Access to records of a professional corporation held by a 
 licensing board under section 319A.17 or records of a 
 professional firm held by a licensing board under section 
 319B.11 is governed by that section. 

    Subd. 92f.    Private detective license.  Certain data 
 on applicants for licensure as private detectives are classified 
 under section 326.3382, subdivision 3. 

    Subd. 92g.    Lottery prize winner.  Certain data on 
 lottery prize winners are classified under section 349A.08, 
 subdivision 9. 

    Subd. 93.    Human rights conciliation efforts.  
 Disclosure of information concerning efforts in a particular 
 case to resolve a charge through education conference, 
 conciliation, and persuasion is governed by section 363.06, 
 subdivision 6. 

    Subd. 94.    Human rights department investigative data. 
  Access to human rights department investigative data by 
 persons other than department employees is governed by section 
 363.061. 

    Subd. 94a.    Property tax abatement.  Certain data in 
 an application for property tax abatement are classified under 
 section 375.192, subdivision 2. 

    Subd. 95.    Records of closed county board meetings.  
 Records of Hennepin county board meetings permitted to be closed 
 under section 383B.217, subdivision 7, are classified under that 
 subdivision. 

    Subd. 95a.    Medical examiner investigations.  Certain 
 data on deceased persons collected or created by the Hennepin 
 county medical examiner are classified under section 383B.225. 

    Subd. 96.    Inquest data.  Certain data collected or 
 created in the course of a coroner's or medical examiner's 
 inquest are classified under sections 390.11, subdivision 7, and 
 390.32, subdivision 6. 

    Subd. 96a.    Solid waste collector.  Data obtained in 
 an audit of a solid waste collector under section 400.08, 
 subdivision 4, are classified under that subdivision. 

    Subd. 96b.    Emergency telephone services.  Public 
 utility data and names, addresses, and telephone numbers 
 provided to a 911 system under section 403.07, subdivisions 3 
 and 4, are classified under those subdivisions. 

    Subd. 96c.    Public facilities authority.  Financial 
 information received or prepared by a public facilities 
 authority are classified under section 446A.11, subdivision 11. 

    Subd. 96d.    Housing finance agency.  Financial 
 information regarding a housing finance agency loan or grant 
 recipient are classified under section 462A.065. 

    Subd. 97. Repealed, 1996 c 471 art 7 s 34 

    Subd. 97a.    Economic development data.  Access to 
 preliminary information submitted to the commissioner of trade 
 and economic development under sections 469.142 to 469.151 or 
 sections 469.152 to 469.165 is limited under section 469.154, 
 subdivision 2. 

    Subd. 98.    Municipal self-insurer claims.  Disclosure 
 of information about individual claims filed by the employees of 
 a municipality which is a self-insurer is governed by section 
 471.617, subdivision 5. 

    Subd. 98a.    Arena acquisition.  Certain data in 
 connection with a decision whether to acquire a sports arena are 
 classified under section 473.598, subdivision 4. 

    Subd. 98b.    Metropolitan airports commission.  Certain 
 airline data submitted to the metropolitan airports commission 
 in connection with the issuance of revenue bonds are classified 
 under section 473.6671, subdivision 3. 

    Subd. 99.    Metropolitan solid waste landfill fee.  
 Information obtained from the operator of a mixed municipal 
 solid waste disposal facility under section 473.843 is 
 classified under section 473.843, subdivision 4. 

    Subd. 100.    Municipal obligation register data.  
 Information contained in a register with respect to the 
 ownership of certain municipal obligations is classified under 
 section 475.55, subdivision 6. 

    Subd. 100a.    Child support attorneys.  Certain data 
 provided by an applicant or recipient of child support 
 enforcement services are classified under section 518.255. 

    Subd. 101.    Child custody proceedings.  Court records 
 of child custody proceedings may be sealed as provided in 
 section 518.168. 

    Subd. 101a.    Custody mediation.  Child custody or 
 visitation mediation records are classified under section 
 518.619, subdivision 5. 

    Subd. 101b.    International will registration.  
 Information on the execution of international wills is 
 classified under section 524.2-1010, subdivision 1. 

    Subd. 101c.    Domestic abuse petitioner's residence.  
 Court records on the location or residence of a petitioner in a 
 domestic abuse proceeding are governed by section 518B.01, 
 subdivision 3b. 

    Subd. 101d.    Child support parties.  Certain data 
 regarding the location of parties in connection with child 
 support proceedings are governed by sections 256.87, subdivision 
 8; 257.70; and 518.005, subdivision 5.  Certain data regarding 
 the suspension of licenses of persons owing child support are 
 governed by section 518.551, subdivision 13a, and certain data 
 on newly hired employees maintained by the public authority for 
 support enforcement are governed by section 256.998. 

    Subd. 102.    Farmer-lender mediation.  Data on debtors 
 and creditors under the farmer-lender mediation act are 
 classified under section 583.29. 

    Subd. 103.    Sources of presentence investigation 
 reports.  Disclosure of confidential sources in presentence 
 investigation reports is governed by section 609.115, 
 subdivision 4. 

    Subd. 104.    Use of motor vehicle to patronize 
 prostitutes.  Use of a motor vehicle in the commission of an 
 offense under section 609.324 is noted on the offender's driving 
 records and the notation is classified pursuant to section 
 609.324, subdivision 5. 

    Subd. 105.    Sexual assault crime victims.  Data on 
 sexual assault victims are governed by section 609.3471. 

    Subd. 105a.    Data for assessment of offenders.  Access 
 to data for the purpose of a mental health assessment of a 
 convicted harassment offender is governed by section 609.749, 
 subdivision 6. 

    Subd. 106.    Financial disclosure for public defender 
 services.  Disclosure of financial information provided by a 
 defendant seeking public defender services is governed by 
 section 611.17. 

    Subd. 107.    Crime victim notice of release.  Data on 
 crime victims who request notice of an offender's release are 
 classified under section 611A.06. 

    Subd. 107a.    Sex offender HIV tests.  Results of HIV 
 tests of sex offenders under section 611A.19, subdivision 2, are 
 classified under that section. 

    Subd. 108.    Battered women.  Data on battered women 
 maintained by grantees for emergency shelter and support 
 services for battered women are governed by section 611A.32, 
 subdivision 5. 

    Subd. 109.    Crime victim claims for reparations.  
 Claims and supporting documents filed by crime victims seeking 
 reparations are classified under section 611A.57, subdivision 6. 

    Subd. 110.    Crime victim ombudsman.  Data maintained 
 by the crime victim ombudsman are classified under section 
 611A.74, subdivision 2. 

    Subd. 110a.    Child abuse videotapes.  Access to child 
 abuse videotapes prepared as part of an investigation or 
 evaluation is governed by sections 13.391 and 611A.90. 

    Subd. 111.    Reports of gunshot wounds.  Disclosure of 
 the name of a person making a report under section 626.52, 
 subdivision 2, is governed by section 626.53. 

    Subd. 112.    Child abuse report records.  Data 
 contained in child abuse report records are classified under 
 section 626.556. 

    Subd. 113.    Vulnerable adult report records.  Data 
 contained in vulnerable adult report records are classified 
 under section 626.557, subdivision 12b. 

    Subd. 113a.    Child protection team.  Data acquired by 
 a case consultation committee or subcommittee of a child 
 protection team are classified by section 626.558, subdivision 3.

    Subd. 114.    Peace officer discipline procedures.  
 Access by an officer under investigation to the investigating 
 agency's investigative report on the officer is governed by 
 section 626.89, subdivision 6. 

    Subd. 115.    Health data institute data.  Data created, 
 collected, received, maintained, or disseminated by the 
 Minnesota health data institute established under section 
 62J.451 are classified under section 62J.452; access to and 
 disclosure of such data are governed by section 62J.452. 

    HIST: 1991 c 106 s 6; 1992 c 511 art 7 s 1; 1992 c 569 s 4; 
 1993 c 13 art 1 s 12; 1993 c 65 s 1; 1993 c 177 s 1; 1993 c 240 
 s 1; 1993 c 326 art 2 s 1; 1993 c 345 art 3 s 18; 1993 c 351 s 
 20-22; 1994 c 483 s 1; 1994 c 589 s 1; 1994 c 616 s 1; 1994 c 
 618 art 1 s 17; art 2 s 9-64; 1994 c 632 art 2 s 10; art 3 s 17; 
 1994 c 636 art 4 s 4; 1995 c 142 s 1; 1995 c 155 s 1,2; 1995 c 
 186 s 8; 1995 c 212 art 3 s 59; 1995 c 229 art 4 s 3; 1995 c 234 
 art 5 s 1; 1995 c 259 art 1 s 27; art 4 s 4; art 5 s 1-51; 1996 
 c 305 art 1 s 3-5; 1996 c 334 s 1; 1996 c 408 art 9 s 1; 1996 c 
 415 s 1; 1996 c 440 art 1 s 18; art 2 s 1-14; 1996 c 471 art 7 s 
 1; 1997 c 7 art 1 s 3; 1997 c 22 art 2 s 1; 1997 c 66 s 79; 1997 
 c 129 art 2 s 15; 1997 c 193 s 1; 1997 c 199 s 14; 1997 c 202 
 art 2 s 63; 1997 c 203 art 6 s 2; 1997 c 215 s 1; 1997 c 218 s 
 1; 1997 c 239 art 8 s 1; 1Sp1997 c 3 s 8-18