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 a government entity
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 a government entity 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 government entity 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.
History: 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; 2007 c 129 s 20,21