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13.06 TEMPORARY CLASSIFICATION.
    Subdivision 1. Application to commissioner. Notwithstanding the provisions of section
13.03, the responsible authority of a government entity 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 government entities 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 government entities, 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 government entities, 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 government entities 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 government entities similar to the applicant. On
deeming this approach advisable, the commissioner shall provide notice of the proposed action
by publication in the State Register within ten days of receiving the application. Within 30 days
after publication in the State Register an affected government entity or the public 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 government entities 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
government entities 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.
History: 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;
2001 c 7 s 4; 2005 c 163 s 22-25