1997 Minnesota Statutes

     268.19 Information. 

    Except as hereinafter otherwise provided, data gathered 
 from any employing unit or individual pursuant to the 
 administration of sections 268.03 to 268.23, and from any 
 determination as to the benefit rights of any individual are 
 private data on individuals or nonpublic data not on individuals 
 as defined in section 13.02, subdivisions 9 and 12, and may not 
 be disclosed except pursuant to a court order or section 13.05.  
 These data may be disseminated to and used by the following 
 agencies without the consent of the subject of the data:  

    (a) state and federal agencies specifically authorized 
 access to the data by state or federal law; 

    (b) any agency of this or any other state; or any federal 
 agency charged with the administration of an employment security 
 law or the maintenance of a system of public employment offices; 

    (c) local human rights groups within the state which have 
 enforcement powers; 

    (d) the department of revenue shall have access to 
 department of economic security private data on individuals and 
 nonpublic data not on individuals only to the extent necessary 
 for enforcement of Minnesota tax laws; 

    (e) public and private agencies responsible for 
 administering publicly financed assistance programs for the 
 purpose of monitoring the eligibility of the program's 
 recipients; 

    (f) the department of labor and industry on an 
 interchangeable basis with the department of economic security 
 subject to the following limitations and notwithstanding any law 
 to the contrary:  

    (1) the department of economic security shall have access 
 to private data on individuals and nonpublic data not on 
 individuals for uses consistent with the administration of its 
 duties under sections 268.03 to 268.23; and 

    (2) the department of labor and industry shall have access 
 to private data on individuals and nonpublic data not on 
 individuals for uses consistent with the administration of its 
 duties under state law; 

    (g) the department of trade and economic development may 
 have access to private data on individual employing units and 
 nonpublic data not on individual employing units for its 
 internal use only; when received by the department of trade and 
 economic development, the data remain private data on 
 individuals or nonpublic data; 

    (h) local and state welfare agencies for monitoring the 
 eligibility of the data subject for assistance programs, or for 
 any employment or training program administered by those 
 agencies, whether alone, in combination with another welfare 
 agency, or in conjunction with the department of economic 
 security; 

    (i) local, state, and federal law enforcement agencies for 
 the sole purpose of ascertaining the last known address and 
 employment location of the data subject, provided the data 
 subject is the subject of a criminal investigation; and 

    (j) the department of health may have access to private 
 data on individuals and nonpublic data not on individuals solely 
 for the purposes of epidemiologic investigations.  

    Data on individuals and employing units which are 
 collected, maintained, or used by the department in an 
 investigation pursuant to section 268.182 are confidential as to 
 data on individuals and protected nonpublic data not on 
 individuals as defined in section 13.02, subdivisions 3 and 13, 
 and shall not be disclosed except pursuant to statute or court 
 order or to a party named in a criminal proceeding, 
 administrative or judicial, for preparation of a defense.  

    Tape recordings and transcripts of recordings of 
 proceedings conducted in accordance with section 268.105 and 
 exhibits received into evidence at those proceedings are private 
 data on individuals and nonpublic data not on individuals and 
 shall be disclosed only pursuant to the administration of 
 section 268.105, or pursuant to a court order.  

    Aggregate data about employers compiled from individual job 
 orders placed with the department of economic security are 
 private data on individuals and nonpublic data not on 
 individuals as defined in section 13.02, subdivisions 9 and 12, 
 if the commissioner determines that divulging the data would 
 result in disclosure of the identity of the employer.  The 
 general aptitude test battery and the nonverbal aptitude test 
 battery as administered by the department are also classified as 
 private data on individuals or nonpublic data.  

    Data on individuals collected, maintained, or created 
 because an individual applies for benefits or services provided 
 by the energy assistance and weatherization programs 
 administered by the department of economic security is private 
 data on individuals and shall not be disseminated except 
 pursuant to section 13.05, subdivisions 3 and 4.  

    Data gathered by the department pursuant to the 
 administration of sections 268.03 to 268.23 shall not be made 
 the subject or the basis for any suit in any civil proceedings, 
 administrative or judicial, unless the action is initiated by 
 the department. 

    HIST: Ex1936 c 2 s 10; 1937 c 306 s 7; 1939 c 441 s 42; 1939 c 
 443 s 8,10; 1941 c 554 s 9; 1943 c 650 s 7; 1945 c 376 s 9; 1947 
 c 600 s 3-6; 1949 c 605 s 15; 1949 c 739 s 8; 1951 c 442 s 6-10; 
 1951 c 713 s 29; 1953 c 97 s 15; 1953 c 603 s 1; 1953 c 612 s 1; 
 1955 c 847 s 22; 1957 c 883 s 7; 1965 c 45 s 42-44; 1965 c 741 s 
 18; 1967 c 770 s 1; 1969 c 9 s 63; 1969 c 310 s 2; 1969 c 567 s 
 1,3; 1969 c 854 s 11,12; 1969 c 1129 art 8 s 7; 1971 c 942 s 12; 
 1973 c 254 s 1,3; 1973 c 492 s 14; 1974 c 241 s 1; 1975 c 315 s 
 19; 1975 c 336 s 20,21; 1977 c 172 s 2; 1977 c 237 s 1; 1977 c 
 297 s 20; 1977 c 305 s 31; 1977 c 430 s 25 subd 1; 1978 c 674 s 
 60; 1979 c 181 s 15; 1980 c 615 s 37; 1981 c 311 s 39; 1982 c 
 424 s 130; 1982 c 545 s 23,24; 1Sp1982 c 1 s 31,32; 1983 c 216 
 art 1 s 87; 1983 c 247 s 114; 1983 c 260 s 58; 1983 c 312 art 8 
 s 2; 1983 c 372 s 37,38; 1984 c 544 s 89; 1985 c 248 s 70; 
 1Sp1985 c 14 art 9 s 75; 1986 c 444; 1987 c 165 s 1; 1987 c 312 
 art 1 s 26 subd 2; 1987 c 362 s 23; 1987 c 385 s 25; 1989 c 65 s 
 11; 1989 c 209 art 2 s 1; 1990 c 516 s 6,7; 1991 c 202 s 16; 
 1993 c 67 s 10; 1994 c 483 s 1; 1994 c 488 s 8; 1995 c 54 s 12; 
 1996 c 417 s 23,31; 1996 c 440 art 1 s 47; 1997 c 66 s 79