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Minnesota Legislature

Office of the Revisor of Statutes

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