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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 13. GOVERNMENT DATA PRACTICES

Table of Sections
SectionHeadnote
13.001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.

GENERALLY

13.01GOVERNMENT DATA.
13.02COLLECTION, SECURITY, AND DISSEMINATION OF RECORDS; DEFINITIONS.
13.03ACCESS TO GOVERNMENT DATA.
13.04RIGHTS OF SUBJECTS OF DATA.
13.05DUTIES OF RESPONSIBLE AUTHORITY.
13.055STATE AGENCIES; DISCLOSURE OF BREACH IN SECURITY.
13.06TEMPORARY CLASSIFICATION.
13.07DUTIES OF COMMISSIONER.
13.072OPINIONS BY THE COMMISSIONER.
13.073PUBLIC INFORMATION POLICY TRAINING PROGRAM.
13.08CIVIL REMEDIES.
13.081Repealed, 2001 c 202 s 21
13.09PENALTIES.
13.10DATA ON DECEDENTS.

COMPUTER DATA

13.15COMPUTER DATA.

POLITICAL SUBDIVISION DATA

13.201RIDESHARE DATA.
13.202POLITICAL SUBDIVISION DATA CODED ELSEWHERE.
13.203SERVICE COOPERATIVE CLAIMS DATA.
13.30Renumbered 13.393
13.31Renumbered 13.462

EDUCATIONAL DATA

13.319EDUCATION DATA CODED ELSEWHERE.
13.32EDUCATIONAL DATA.
13.321PREKINDERGARTEN-GRADE 12 EDUCATIONAL DATA CODED ELSEWHERE.
13.3215UNIVERSITY OF MINNESOTA DATA.
13.322POSTSECONDARY EDUCATION DATA CODED ELSEWHERE.
13.33Renumbered 13.601, subd 2

GENERAL DATA

13.34EXAMINATION DATA.
13.3513.35 FEDERAL CONTRACTS DATA.
13.355SOCIAL SECURITY NUMBERS.
13.36Renumbered 13.87, subd 2
13.37GENERAL NONPUBLIC DATA.
13.38Renumbered 13.3805, subdivision 1

HEALTH AND MEDICAL DATA

13.3805PUBLIC HEALTH DATA.
13.3806PUBLIC HEALTH DATA CODED ELSEWHERE.
13.381HEALTH REGULATORY DATA CODED ELSEWHERE.
13.383HEALTH OCCUPATIONS INVESTIGATIVE DATA CODED ELSEWHERE.
13.384MEDICAL DATA.
13.385Renumbered 13.3805, subd 2
13.38613.386 TREATMENT OF GENETIC INFORMATION HELD BY GOVERNMENT ENTITIES AND OTHER PERSONS.

ATTORNEY, AUDIT, AND INVESTIGATIVE DATA

13.39CIVIL INVESTIGATION.
13.391Renumbered 13.821
13.392INTERNAL AUDITING DATA.
13.39313.393 ATTORNEYS.

LIBRARY DATA

13.40LIBRARY AND HISTORICAL DATA.
13.401LIBRARY AND HISTORICAL DATA CODED ELSEWHERE.

LICENSING DATA

13.41LICENSING DATA.
13.411LICENSING DATA CODED ELSEWHERE.
13.42Renumbered 13.384

PERSONNEL; SALARY BENEFIT DATA

13.43PERSONNEL DATA.
13.43513.435 SALARY BENEFIT SURVEY DATA.

PROPERTY DATA

13.44PROPERTY DATA.
13.441PROPERTY DATA CODED ELSEWHERE.
13.442Renumbered 13.44, subd 2
13.45Renumbered 13.435

FAMILY, WELFARE, AND BENEFIT DATA

13.46WELFARE DATA.
13.461HUMAN SERVICES DATA CODED ELSEWHERE.
13.462BENEFIT DATA.
13.465FAMILY AND DOMESTIC RELATIONS DATA CODED ELSEWHERE.
13.467FOSTER CARE DATA.
13.468DATA SHARING WITHIN COUNTIES.

EMPLOYMENT AND TRAINING DATA

13.47EMPLOYMENT AND TRAINING DATA.
13.475Repealed, 2004 c 290 s 39

BUSINESS ORGANIZATION AND TRADE REGULATION DATA

13.4813.48 AWARD DATA.
13.485CORPORATION DATA CODED ELSEWHERE.
13.487TRADE REGULATION AND CONSUMER DATA CODED ELSEWHERE.

TAXATION AND ASSESSMENT DATA

13.49Renumbered 13.355
13.491Renumbered 13.201; 13.72, subd 9
13.495LODGING TAX DATA.
13.4961GENERAL TAX DATA CODED ELSEWHERE.
13.4963CLASSIFICATION AND DISCLOSURE TAX DATA CODED ELSEWHERE.
13.4965PROPERTY TAX DATA CODED ELSEWHERE.
13.4967OTHER TAX DATA CODED ELSEWHERE.
13.50Renumbered 13.44, subd 3
13.51ASSESSOR'S DATA.
13.511Renumbered 13.495
13.52DEFERRED ASSESSMENT DATA.
13.521Renumbered 13.72, subd 10
13.528Renumbered 13.467, subd 2
13.53Renumbered 13.467, subdivision 1
13.531Renumbered 13.643, subd 2
13.54Renumbered 13.585
13.5401Renumbered 13.586
13.541Renumbered 13.587

FACILITY, EVENT, AND RECREATIONAL DATA

13.548SOCIAL RECREATIONAL DATA.
13.55CONVENTION CENTER DATA.
13.551Renumbered 13.592 and 13.593

HUMAN RIGHTS DATA

13.552HUMAN RIGHTS DATA CODED ELSEWHERE.
13.56Renumbered 13.822
13.57Renumbered 13.548
13.58Repealed, 1987 c 268 art 6 s 53

HOUSING, DEVELOPMENT, AND BUSINESS DATA

13.585HOUSING AGENCY DATA.
13.586HOUSING AGENCY DATA CODED ELSEWHERE.
13.587EMERGENCY SERVICES FOR HOMELESS PERSONS; PRIVATE DATA.
13.59HOUSING AND REDEVELOPMENT DATA.
13.591BUSINESS DATA.
13.592Repealed, 2001 c 202 s 21
13.5921Repealed, 2001 c 202 s 21
13.5922Repealed, 2001 c 202 s 21
13.593Repealed, 2001 c 202 s 21
13.594Repealed, 2001 c 202 s 21
13.5951Repealed, 2001 c 202 s 21
13.5952Repealed, 2001 c 202 s 21
13.5953Repealed, 2001 c 202 s 21
13.596Repealed, 2001 c 202 s 21
13.5965Repealed, 2001 c 202 s 21
13.598EMPLOYMENT AND ECONOMIC DEVELOPMENT DATA CODED ELSEWHERE.
13.59913.599 GRANTS.
13.60Renumbered 13.601, subdivision 1

ELECTED AND APPOINTED OFFICIALS; LEGISLATIVE DATA

13.601ELECTED AND APPOINTED OFFICIALS.
13.602ELECTED AND APPOINTED OFFICIAL DATA CODED ELSEWHERE.
13.605LEGISLATIVE DATA.
13.606LEGISLATIVE DATA CODED ELSEWHERE.

ETHICS AND ELECTION DATA

13.607ETHICS AND ELECTION DATA CODED ELSEWHERE.
13.61Renumbered 13.714
13.612Renumbered 13.685
13.62Renumbered 13.594
13.621Renumbered 13.5951
13.622Renumbered 13.5952

RETIREMENT DATA

13.63RETIREMENT DATA.
13.631RETIREMENT DATA CODED ELSEWHERE.
13.632TEACHERS RETIREMENT FUND ASSOCIATION DATA; CERTAIN CITIES.

STATE AGENCY DATA

13.635GENERAL STATE AGENCY DATA CODED ELSEWHERE.

ADMINISTRATION AND FINANCE DATA

13.64DEPARTMENT OF ADMINISTRATION DATA.
13.6401ADMINISTRATION AND FINANCE DATA CODED ELSEWHERE.
13.641Repealed, 1990 c 573 s 23
13.642Renumbered 13.63, subd 2

AGRICULTURAL DATA

13.643AGRICULTURAL DATA.
13.6435AGRICULTURAL DATA CODED ELSEWHERE.
13.644Repealed, 1993 c 351 s 41
13.645Renumbered 13.643, subd 3
13.646Renumbered 13.605, subdivision 1

ATTORNEY GENERAL

13.65ATTORNEY GENERAL DATA.
13.66Renumbered 13.855, subds 1-3

EMPLOYEE RELATIONS DATA

13.67EMPLOYEE RELATIONS DATA.
13.6705EMPLOYEE RELATIONS DATA CODED ELSEWHERE.
13.671Renumbered 13.5953

ENERGY AND UTILITIES DATA

13.679PUBLIC UTILITY DATA.
13.68ENERGY AND FINANCIAL DATA AND STATISTICS.
13.681ENERGY AND UTILITIES DATA CODED ELSEWHERE.
13.685MUNICIPAL UTILITY CUSTOMER DATA.

PUBLIC SAFETY DATA

13.69PUBLIC SAFETY DEPARTMENT DATA.
13.6905PUBLIC SAFETY DATA CODED ELSEWHERE.
13.691Renumbered 13.63, subd 3
13.692Renumbered 13.679
13.70Repealed, 1989 c 184 art 1 s 20
13.71

COMMERCE, BANKING, AND INSURANCE DATA

13.711DEPARTMENT OF COMMERCE DATA; RELEASE OF COMPLAINT TO RESPONDENT.
13.712COMMERCE DATA CODED ELSEWHERE.
13.713BANKING DATA CODED ELSEWHERE.
13.714INSURANCE TRUST DATA; PRIVATE AND NONPUBLIC DATA.
13.715GENERAL INSURANCE POWERS DATA; SURPLUS LINE INSURANCE.
13.716GENERAL INSURANCE POWERS DATA CODED ELSEWHERE.
13.717INSURANCE; HEALTH CARE COST CONTAINMENT DATA CODED ELSEWHERE.
13.719MISCELLANEOUS INSURANCE DATA.
13.7191MISCELLANEOUS INSURANCE DATA CODED ELSEWHERE.

TRANSPORTATION DATA

13.72TRANSPORTATION DEPARTMENT DATA.
13.721TRANSPORTATION DATA CODED ELSEWHERE.
13.73Repealed, 1985 c 298 s 45
13.74Renumbered 13.741, subd 3

ENVIRONMENTAL PROTECTION DATA

13.741POLLUTION CONTROL; ENVIRONMENTAL QUALITY DATA.
13.7411POLLUTION CONTROL AND ENVIRONMENTAL QUALITY DATA CODED ELSEWHERE.

RACING; GAMING DATA

13.745PARI-MUTUEL HORSE RACING CODED ELSEWHERE.
13.746GAMING DATA CODED ELSEWHERE.
13.75Renumbered 13.79, subd 2
13.76Renumbered 13.596
13.761Renumbered 13.605, subd 2
13.77Renumbered 13.643, subd 4
13.771Renumbered 13.741, subdivision 1
13.772Renumbered 13.741, subd 2
13.78Renumbered 13.5965

VETERANS DATA

13.785VETERANS DATA CODED ELSEWHERE.

LABOR AND INDUSTRY DATA

13.79DEPARTMENT OF LABOR AND INDUSTRY DATA.
13.7905LABOR AND INDUSTRY DATA CODED ELSEWHERE.
13.790813.7908 BUREAU OF MEDIATION SERVICES DATA.
13.791REHABILITATION DATA.
BIOTECHNOLOGY DATA
13.791113.7911 BIOPROCESS PIPING AND EQUIPMENT DATA.

GIFT DATA

13.792PRIVATE DONOR GIFT DATA.

NATURAL RESOURCE DATA

13.793NATURAL RESOURCE DATA; MINERAL DATA.
13.7931NATURAL RESOURCE DATA CODED ELSEWHERE.
13.794Renumbered 13.392

LAW ENFORCEMENT; JUDICIAL; CORRECTIONS;

CRIMINAL JUSTICE DATA

13.80DOMESTIC ABUSE DATA.
13.80513.805 ADDRESS CONFIDENTIALITY DATA CODED ELSEWHERE.
13.81Repealed, 1985 c 298 s 45
13.82COMPREHENSIVE LAW ENFORCEMENT DATA.
13.821VIDEOTAPES OF CHILD ABUSE VICTIMS.
13.822SEXUAL ASSAULT DATA.
13.83MEDICAL EXAMINER DATA.
13.84COURT SERVICES DATA.
13.841COURT SERVICES DATA CODED ELSEWHERE.
13.85CORRECTIONS AND DETENTION DATA.
13.851CORRECTIONS AND DETENTION DATA CODED ELSEWHERE.
13.855Repealed, 1Sp2003 c 2 art 5 s 18
13.86INVESTIGATIVE DETENTION DATA.
13.861SECURITY SERVICE DATA.
13.87CRIMINAL JUSTICE DATA.
13.871CRIMINAL JUSTICE DATA CODED ELSEWHERE.
13.87313.873 INTEGRATED SEARCH SERVICE DATA SUBJECT ACCESS.
13.875JUVENILE JUSTICE DATA CODED ELSEWHERE.
13.88COMMUNITY DISPUTE RESOLUTION CENTER DATA.
13.89DISSEMINATION OF DATA TO PROTECTION AND ADVOCACY SYSTEMS.
13.90JUDICIARY EXEMPT.
13.99
13.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

GENERALLY

13.01 GOVERNMENT DATA.
    Subdivision 1. Applicability. All government entities 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 government entities. 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.
    Subd. 4. Headnotes. The headnotes printed in boldface type before paragraphs in this
chapter are mere catchwords to indicate the content of a paragraph and are not part of the statute.
    Subd. 5. Provisions coded in other chapters. (a) The sections referenced in this chapter that
are codified outside this chapter classify government data as other than public, place restrictions
on access to government data, or involve data sharing.
(b) Those sections are governed by 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, except:
(1) for records of the judiciary, as provided in section 13.90; or
(2) as specifically provided otherwise by law.
History: 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; 1999 c 227 s 22; 2000 c 468 s 1,2; 2005 c 163 s 3,4
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 government entity regardless of its physical form, storage
media or conditions of use.
    Subd. 7a. Government entity. "Government entity" means a state agency, statewide system,
or political subdivision.
    Subd. 8. Individual. "Individual" means a natural person. In the case of a minor or an
incapacitated person as defined in section 524.5-102, subdivision 6, "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, any town exercising powers under chapter 368
and located in the metropolitan area, as defined in section 473.121, subdivision 2, 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 88-452) as amended, to qualify for
public funds, or any nonprofit social service agency which performs services under contract to a
government entity, 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 a government entity.
    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.
History: 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; 1999 c 227 s 22; 2000 c 468 s 3;
2001 c 202 s 1; 2005 c 163 s 5; 2007 c 129 s 1,2
13.03 ACCESS TO GOVERNMENT DATA.
    Subdivision 1. Public data. All government data collected, created, received, maintained or
disseminated by a government entity 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 government entity 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. (a) The responsible authority in every government entity 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.
(b) The responsible authority shall prepare public access procedures in written form and
update them no later than August 1 of each year as necessary to reflect any changes in personnel
or circumstances that might affect public access to government data. The responsible authority
shall make copies of the written public access procedures easily available to the public by
distributing free copies of the procedures to the public or by posting a copy of the procedures in a
conspicuous place within the government entity that is easily accessible to the public.
(c) 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. (a) 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.
(b) For purposes of this section, "inspection" includes, but is not limited to, the visual
inspection of paper and similar types of government data. Inspection does not include printing
copies by the government entity, unless printing a copy is the only method to provide for
inspection of the data. In the case of data stored in electronic form and made available in
electronic form on a remote access basis to the public by the government entity, inspection
includes remote access to the data by the public and the ability to print copies of or download the
data on the public's own computer equipment. Nothing in this section prohibits a government
entity from charging a reasonable fee for remote access to data under a specific statutory grant of
authority. A government entity may charge a fee for remote access to data where either the data or
the access is enhanced at the request of the person seeking access.
(c) 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. However, if 100 or fewer pages of black and white, letter or legal size
paper copies are requested, actual costs shall not be used, and instead, the responsible authority
may charge no more than 25 cents for each page copied. 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.
(d) 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 government entity, 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 government entity 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.
(e) The responsible authority of a government entity that maintains public government data
in a computer storage medium shall provide to any person making a request under this section a
copy of any public data contained in that medium, in electronic form, if the government entity can
reasonably make the copy or have a copy made. This does not require a government entity to
provide the data in an electronic format or program that is different from the format or program in
which the data are maintained by the government entity. The entity may require the requesting
person to pay the actual cost of providing the copy.
(f) 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 entity 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 entity.
    (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 a government entity by another
government entity, the data disseminated shall have the same classification in the hands of the
entity receiving it as it had in the hands of the entity providing it.
    (d) If a government entity disseminates data to another government entity, 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.
    (e) To the extent that judicial branch data is disseminated to government entities by the
judicial branch, the data disseminated shall have the same level of accessibility in the hands of the
agency receiving it as it had in the hands of the judicial branch entity providing it.
    Subd. 5. Copyright or patent of government data. A government entity may enforce a
copyright or acquire a patent for a computer software program or components of a program
created by that government entity without statutory authority. In the event that a government
entity acquires a patent 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 government entity 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 entity
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 entity or ten years after the data was received or collected
by any governmental entity unless the responsible authority for the originating or custodial entity
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 13D.05.
    Subd. 12. Pleadings. Pleadings, as defined by court rule, served by or on a government
entity, are public data to the same extent that the data would be public if filed with the court.
History: 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; 1999 c 227 s 1,22; 1999 c 250 art 1 s 41; 2000 468 s 4,5; 2004 c 290 s 1; 2005 c
163 s 6-12; 2007 c 129 s 3
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. Tennessen warning. 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 government entity; (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 7, to
a law enforcement officer.
    Subd. 3. Access to data by individual. Upon request to a responsible authority or designee,
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 or designee shall provide copies of the private or public data upon request
by the individual subject of the data. The responsible authority or designee may require the
requesting person to pay the actual costs of making and certifying the copies.
    The responsible authority or designee shall comply immediately, if possible, with any
request made pursuant to this subdivision, or within ten days of the date of the request, excluding
Saturdays, Sundays and legal holidays, if immediate compliance is not possible.
    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 government entity without regard to the requirements of
section 138.17.
    After completing, correcting, or destroying successfully challenged data, a government entity
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.[Repealed, 2005 c 163 s 89]
History: 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; 1999 c 227 s 2; 2002 c 379 art 1 s 1; 2005 c 163 s 13,14; 2007 c 129 s 4,5
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 government entity. 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 government entities 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 entities
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 entities
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 entity 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. The format for
informed consent is as follows, unless otherwise prescribed by the HIPAA, Standards for Privacy
of Individually Identifiable Health Information, 65 Fed. Reg. 82, 461 (2000) (to be codified as
Code of Federal Regulations, title 45, section 164): 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 entity 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 entities 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
(i) life insurance or noncancelable or guaranteed renewable health insurance and identified as
such, two years after the date of the policy or (ii) medical assistance under chapter 256B or
MinnesotaCare under chapter 256L, which shall be ongoing during all terms of eligibility, for
individual education plan health-related services provided by a school district under section
125A.21, subdivision 2.
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 13D.05.
    Subd. 5. Data protection. (a) 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.
(b) When not public data is being disposed of, the data must be destroyed in a way that
prevents its contents from being determined.
    Subd. 6. Contracts. Except as provided in section 13.46, subdivision 5, in any contract
between a government entity subject to this chapter and any person, when the contract requires
that data on individuals be made available to the contracting parties by the government entity, 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 the entity if the person's purpose
is set forth, in writing, and the person agrees not to disclose, and the entity 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 government entity 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 entity that supplies government data under this subdivision
may require the requesting entity to pay the actual cost of supplying the data.
    Subd. 10. International dissemination. No government entity 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.
    Subd. 11. Privatization. (a) If a government entity enters into a contract with a private person
to perform any of its functions, the government entity shall include in the contract terms that make
it clear that all of the data created, collected, received, stored, used, maintained, or disseminated
by the private person in performing those functions is subject to the requirements of this chapter
and that the private person must comply with those requirements as if it were a government entity.
The remedies in section 13.08 apply to the private person under this subdivision.
(b) This subdivision does not create a duty on the part of the private person to provide
access to public data to the public if the public data are available from the government entity,
except as required by the terms of the contract.
    Subd. 12. Identification or justification. Unless specifically authorized by statute,
government entities may not require persons to identify themselves, state a reason for, or justify
a request to gain access to public government data. A person may be asked to provide certain
identifying or clarifying information for the sole purpose of facilitating access to the data.
    Subd. 13. Data practices compliance official. By December 1, 2000, each responsible
authority or other appropriate authority in every government entity shall appoint or designate an
employee of the government entity to act as the entity's data practices compliance official. The
data practices compliance official is the designated employee of the government entity to whom
persons may direct questions or concerns regarding problems in obtaining access to data or other
data practices problems. The responsible authority may be the data practices compliance official.
History: 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; 1999 c 227 s 22; 1999 c 250
art 1 s 42; 2000 c 468 s 6,7; 2002 c 277 s 1; 2002 c 374 art 10 s 1; 2005 c 163 s 15-20; 2006
c 233 s 1; 2007 c 129 s 6
13.055 STATE AGENCIES; DISCLOSURE OF BREACH IN SECURITY.
    Subdivision 1. Definitions. For purposes of this section, the following terms have the
meanings given to them.
(a) "Breach of the security of the data" means unauthorized acquisition of data maintained by
a state agency that compromises the security and classification of the data. Good faith acquisition
of government data by an employee, contractor, or agent of a state agency for the purposes of the
state agency is not a breach of the security of the data, if the government data is not provided
to an unauthorized person.
(b) "Contact information" means either name and mailing address or name and e-mail
address for each individual who is the subject of data maintained by the state agency.
(c) "Unauthorized acquisition" means that a person has obtained government data without
the informed consent of the individuals who are the subjects of the data or statutory authority and
with the intent to use the data for nongovernmental purposes.
(d) "Unauthorized person" means any person who accesses government data without
permission or without a work assignment that reasonably requires the person to have access
to the data.
    Subd. 2. Notice to individuals. A state agency that collects, creates, receives, maintains, or
disseminates private or confidential data on individuals must disclose any breach of the security
of the data following discovery or notification of the breach. Notification must be made to
any individual who is the subject of the data and whose private or confidential data was, or is
reasonably believed to have been, acquired by an unauthorized person. The disclosure must be
made in the most expedient time possible and without unreasonable delay, consistent with (1) the
legitimate needs of a law enforcement agency as provided in subdivision 3; or (2) any measures
necessary to determine the scope of the breach and restore the reasonable security of the data.
    Subd. 3. Delayed notice. The notification required by this section may be delayed if a law
enforcement agency determines that the notification will impede an active criminal investigation.
The notification required by this section must be made after the law enforcement agency
determines that it will not compromise the investigation.
    Subd. 4. Method of notice. Notice under this section may be provided by one of the
following methods:
(a) written notice by first class mail to each affected individual;
(b) electronic notice to each affected individual, if the notice provided is consistent with the
provisions regarding electronic records and signatures as set forth in United States Code, title
15, section 7001; or
(c) substitute notice, if the state agency demonstrates that the cost of providing the written
notice required by paragraph (a) would exceed $250,000, or that the affected class of individuals
to be notified exceeds 500,000, or the state agency does not have sufficient contact information.
Substitute notice consists of all of the following:
(i) e-mail notice if the state agency has an e-mail address for the affected individuals;
(ii) conspicuous posting of the notice on the Web site page of the state agency, if the state
agency maintains a Web site; and
(iii) notification to major media outlets that reach the general public.
    Subd. 5. Coordination with consumer reporting agencies. If the state agency discovers
circumstances requiring notification under this section of more than 1,000 individuals at one time,
the state agency must also notify, without unreasonable delay, all consumer reporting agencies
that compile and maintain files on consumers on a nationwide basis, as defined in United States
Code, title 15, section 1681a, of the timing, distribution, and content of the notices.
    Subd. 6. Security assessments. Each government entity shall conduct a comprehensive
security assessment of any personal information maintained by the government entity. For the
purposes of this subdivision, personal information is defined under section 325E.61, subdivision
1, paragraphs (e) and (f).
History: 2005 c 163 s 21; 2005 c 167 s 1; 2006 c 212 art 1 s 17,24; 2006 c 233 s 7,8
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
13.07 DUTIES OF COMMISSIONER.
The commissioner shall promulgate rules, in accordance with the rulemaking procedures
in the Administrative Procedure Act which shall apply to government entities 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.
History: 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; 2004 c 228 art 1 s 2; 2005 c 163 s 26
13.072 OPINIONS BY THE COMMISSIONER.
    Subdivision 1. Opinion; when required. (a) Upon request of a government entity, 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 government entity, 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.
    (b) Upon request of a body subject to chapter 13D, the commissioner may give a written
opinion on any question relating to the body's duties under chapter 13D. Upon request of a person
who disagrees with the manner in which members of a governing body perform their duties under
chapter 13D, the commissioner may give a written opinion on compliance with chapter 13D. A
governing body or person requesting an opinion under this paragraph must pay the commissioner
a fee of $200. Money received by the commissioner under this paragraph is appropriated to the
commissioner for the purposes of this section.
    (c) If the commissioner determines that no opinion will be issued, the commissioner shall
give the government entity or body subject to chapter 13D or person requesting the opinion
notice of the decision not to issue the opinion within five business 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.
    (d) 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 government entity or the members of a body subject to
chapter 13D must be provided a reasonable opportunity to explain the reasons for its decision
regarding the data or how they perform their duties under chapter 13D. The commissioner or the
government entity or body subject to chapter 13D may choose to give notice to the subject of the
data concerning the dispute regarding the data or compliance with chapter 13D.
    (e) This section does not apply to a determination made by the commissioner of health under
section 13.3805, subdivision 1, paragraph (b), or 144.6581.
    (f) A written, numbered, and published 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 government entity or members of a body subject to chapter 13D whose data or performance
of duties is the subject of the opinion, but an opinion described in subdivision 1, paragraph (a),
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 government entity, members of a body subject to
chapter 13D, or person that acts in conformity with a written opinion of the commissioner issued
to the government entity, members, or person or to another party 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 or for fines, awards of attorney fees, or any other penalty under chapter 13D.
A member of a body subject to chapter 13D is not subject to forfeiture of office if the member
was acting in reliance on an opinion.
    Subd. 3.[Repealed, 1Sp1997 c 3 s 47]
    Subd. 4. Data submitted to commissioner. A government entity 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 government entity or copies
of government data submitted by other persons have the same classification as the data have
when held by the government entity. 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.
History: 1993 c 192 s 38,110; 1995 c 259 art 1 s 2,3,56; 2001 c 202 s 2; 1Sp2003 c 8 art 2 s
1,2; 2005 c 163 s 27; 2006 c 253 s 2; 2007 c 129 s 7
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 entities in
developing training expertise within their own entities 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.
    Subd. 6. Preparation of model policies and procedures. The commissioner shall, in
consultation with affected government entities, prepare model policies and procedures to assist
government entities in complying with the requirements of this chapter that relate to public
access to government data and rights of subjects of data. Upon completion of a model for a
governmental level, the commissioner shall offer that model for formal adoption by that level of
government. Government entities may adopt or reject the model offered by the commissioner.
A government entity that adopts the commissioner's model shall notify the commissioner in a
form prescribed by the commissioner.
History: 1995 c 259 art 2 s 1; 1999 c 250 art 1 s 43; 2005 c 163 s 28
13.08 CIVIL REMEDIES.
    Subdivision 1. Action for damages. Notwithstanding section 466.03, a responsible authority
or government entity 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 responsible authority or government entity to cover
any damages sustained, plus costs and reasonable attorney fees. In the case of a willful violation,
the government entity 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 responsible authority or government entity 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. (a) In addition to the remedies provided in
subdivisions 1 to 3 or any other law, any aggrieved person seeking to enforce the person's
rights under this chapter or obtain access to data 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. If the court issues an order to compel compliance
under this subdivision, the court may impose a civil penalty of up to $300 against the government
entity. This penalty is payable to the state general fund and is in addition to damages under
subdivision 1. 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. If the court issues an order to compel compliance under this
subdivision, the court shall forward a copy of the order to the commissioner of administration.
    (b) In determining whether to assess a civil penalty under this subdivision, the court shall
consider whether the government entity has substantially complied with general data practices
under this chapter, including but not limited to, whether the government entity has:
    (1) designated a responsible authority under section 13.02, subdivision 16;
    (2) designated a data practices compliance official under section 13.05, subdivision 13;
    (3) prepared the public document that names the responsible authority and describes the
records and data on individuals that are maintained by the government entity under section 13.05,
subdivision 1
;
    (4) developed public access procedures under section 13.03, subdivision 2; procedures to
guarantee the rights of data subjects under section 13.05, subdivision 8; and procedures to ensure
that data on individuals are accurate and complete and to safeguard the data's security under
section 13.05, subdivision 5;
    (5) acted in conformity with an opinion issued under section 13.072 that was sought by a
government entity or another person; or
    (6) provided ongoing training to government entity personnel who respond to requests
under this chapter.
    (c) The court shall award reasonable attorney fees to a prevailing plaintiff who has brought
an action under this subdivision if the government entity that is the defendant in the action was
also the subject of a written opinion issued under section 13.072 and the court finds that the
opinion is directly related to the cause of action being litigated and that the government entity
did not act in conformity with the opinion.
    Subd. 5. Immunity from liability. A government entity 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.
History: 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; 1999 c 227 s 22; 2000 c 468 s 8; 2001 c 202 s 3; 1Sp2003 c 8 art 2 s 3;
2005 c 163 s 29-31; 2007 c 129 s 8
13.081 [Repealed, 2001 c 202 s 21]
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.
History: 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.
History: 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

COMPUTER DATA

13.15 COMPUTER DATA.
    Subdivision 1. Definitions. As used in this section, the following terms have the meanings
given.
(a) Electronic access data. "Electronic access data" means data created, collected, or
maintained about a person's access to a government entity's computer for the purpose of:
(1) gaining access to data or information;
(2) transferring data or information; or
(3) using government services.
(b) Cookie. "Cookie" means any data that a government-operated computer electronically
places on the computer of a person who has gained access to a government computer.
    Subd. 2. Classification of data. Electronic access data are private data on individuals or
nonpublic data.
    Subd. 3. Notice; refusal to accept cookie. (a) A government entity that creates, collects, or
maintains electronic access data or uses its computer to install a cookie on a person's computer
must inform persons gaining access to the entity's computer of the creation, collection, or
maintenance of electronic access data or the entity's use of cookies before requiring the person to
provide any data about the person to the government entity. As part of that notice, the government
entity must inform the person how the data will be used and disseminated, including the uses
and disseminations in subdivision 4.
(b) Notwithstanding a person's refusal to accept a cookie on the person's computer, a
government entity must allow the person to gain access to data or information, transfer data or
information, or use government services by the government entity's computer.
    Subd. 4. Use of electronic access data. Electronic access data may be disseminated:
(1) to the commissioner for the purpose of evaluating electronic government services;
(2) to another government entity to prevent unlawful intrusions into government electronic
systems; or
(3) as otherwise provided by law.
History: 1Sp2003 c 8 art 2 s 4

POLITICAL SUBDIVISION DATA

13.201 RIDESHARE DATA.
The following data on participants, collected by the Minnesota Department of Transportation
and the Metropolitan Council to administer rideshare programs, are classified as private under
section 13.02, subdivision 12: residential address and telephone number; beginning and ending
work hours; current mode of commuting to and from work; and type of rideshare service
information requested.
History: 1999 c 227 s 8,22
13.202 POLITICAL SUBDIVISION DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referenced in subdivisions 2 to 12 are codified outside
this chapter. Those sections classify political subdivision data as other than public, place
restrictions on access to government data, or involve data sharing.
    Subd. 2. County boards; property tax abatement. Certain data in an application for
property tax abatement are classified under section 375.192, subdivision 2.
    Subd. 3. Hennepin County. (a) 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.
(b) Medical examiner investigations. Certain data on deceased persons collected or created
by the Hennepin County medical examiner are classified under section 383B.225.
    Subd. 4. Coroner; 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. 5. Solid waste management; collector audit. Data obtained in an audit of a solid
waste collector under section 400.08, subdivision 4, are classified under that subdivision.
    Subd. 6. 911 emergency telephone service; public utility data. 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. 7. Public Facilities Authority; financial data. Financial information received or
prepared by a Public Facilities Authority is classified under section 446A.04, subdivision 18.
    Subd. 8.[Repealed, 2002 c 220 art 10 s 40]
    Subd. 9. Municipal rights. (a) 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.
(b) Meetings of governing bodies. Treatment of data discussed at meetings of governing
bodies is governed by section 13D.05.
(c) Job evaluation system reports. Treatment of reports containing the results of job
evaluation systems is governed by section 471.995.
(d) Pay equity compliance. Implementation reports of equitable compensation plans are
classified by section 471.9981, subdivision 5b.
    Subd. 10. Capital intensive public service proposals and negotiation documents.
Proposals received from vendors, and all government data received from vendors or generated
by a municipality relating to negotiations with vendors, for capital intensive public services are
classified under section 471A.03, subdivision 3.
    Subd. 11. Metropolitan government. (a) Affirmative action plans. Treatment of data
relating to metropolitan agency affirmative action plans is governed by section 473.143,
subdivisions 5 and 7
.
(b) Contracts for management services. Data relating to compensation of personnel who
work under a management service contract are classified by section 473.405, subdivision 12.
(c) Arena acquisition. Certain data in connection with a decision whether to acquire a sports
arena are classified under section 473.598, subdivision 4.
(d) 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.
(e) 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. 12. Public indebtedness; 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.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2007 c 96 art 1 s 15
13.203 SERVICE COOPERATIVE CLAIMS DATA.
Claims experience and all related information received from carriers and claims
administrators participating in a group health or dental plan, including any long-term disability
plan, offered through the Minnesota service cooperatives to Minnesota school districts and
other political subdivisions, and survey information collected from employees and employers
participating in these plans and programs, except when the executive director of a Minnesota
service cooperative determines that release of the data will not be detrimental to the plan or
program, are classified as nonpublic data not on individuals.
History: 2004 c 290 s 2
13.30 [Renumbered 13.393]
13.31 [Renumbered 13.462]

EDUCATIONAL DATA

13.319 EDUCATION DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 6 are codified outside this
chapter. Those sections classify education data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2.[Repealed, 2007 c 13 art 2 s 2]
    Subd. 3. Program services. Data on individuals receiving services under certain programs
administered by the Department of Education are classified under section 119A.50, subdivision 2.
    Subd. 4. Energy programs. Treatment of data on individuals applying for benefits or
services under energy programs is governed by section 216C.266.
    Subd. 5.[Renumbered 13.461, subd 30]
    Subd. 6. Lead abatement program; testing and evaluation. Treatment of data relating to
testing under the lead abatement program is governed by section 144.9512, subdivision 8.
    Subd. 7.[Repealed, 2004 c 290 s 39]
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2000 c 468 s 17; 2001 c 178 art 2 s 1; 2003 c 130 s
12; 2005 c 97 art 4 s 6; 2005 c 98 art 1 s 1,24; 1Sp2005 c 5 art 8 s 7
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; data on parents. (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 and family information are
educational data.
(c) Data concerning parents are private data on individuals but may be treated as directory
information if the same procedures that are used by a school district to designate student data as
directory information under subdivision 5 are followed.
    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;
(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;
(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, section 1092;
(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 postsecondary 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;
(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;
(k) to provide student recruiting information, from educational data held by colleges and
universities, as required by and subject to Code of Federal Regulations, title 32, section 216;
(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;
(m) with respect to Social Security numbers of students in the adult basic education system,
to Minnesota State Colleges and Universities and the Department of Employment and Economic
Development for the purpose and in the manner described in section 124D.52, subdivision 7; or
(n) to the commissioner of education for purposes of an assessment or investigation of a
report of alleged maltreatment of a student as mandated by section 626.556. Upon request by the
commissioner of education, data that are relevant to a report of maltreatment and are from charter
school and school district investigations of alleged maltreatment of a student must be disclosed to
the commissioner, including, but not limited to, the following:
(1) information regarding the student alleged to have been maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any, by the school facility in response to
a report of maltreatment by an employee or agent of the school or school district.
    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. 4a. Nonpublic school students. Data collected by a public school on a child or parent
of a child, whose identity must be reported pursuant to section 120A.24, is private data which:
(1) shall not be designated directory information pursuant to subdivision 5 unless prior
written consent is given by the child's parent or guardian; and
(2) may be disclosed only pursuant to subdivision 3, clause (a), (b), (c), or (f).
This provision does not apply to students who receive shared time educational services
from a public agency or institution.
    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 January 1, 2007, 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. 5a. Military recruitment. A secondary institution shall release to military recruiting
officers the names, addresses, and home telephone numbers of students in grades 11 and 12
within 60 days after the date of the request, except as otherwise provided by this subdivision.
A secondary institution shall give parents and students notice of the right to refuse release of
this data to military recruiting officers. Notice may be given by any means reasonably likely to
inform the parents and students of the right. Data released to military recruiting officers under
this subdivision:
(1) may be used only for the purpose of providing information to students about military
service, state and federal veterans' education benefits, and other career and educational
opportunities provided by the military; and
(2) shall not be further disseminated to any other person except personnel of the recruiting
services of the armed forces.
    Subd. 6. Admissions forms; remedial instruction. (a) Minnesota postsecondary 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
postsecondary institution about an identifiable student shall maintain the data as educational data
and use that data to conduct studies to improve instruction. Public postsecondary systems annually
shall provide summary data to the Department of Education 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 260B.171, may use and share that data as provided in section 121A.75. A school district,
its agents, and employees who use and share this data in good faith are immune from civil or
criminal liability that might otherwise result from their actions.
    Subd. 8. Access by juvenile justice system. (a) 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, daily attendance
record, and photographs, if any; and parents' names, home addresses, and telephone numbers.
(b) In addition, the existence of the following data about a student may be disclosed under
subdivision 3, clause (i):
(1) use of a controlled substance, alcohol, or tobacco;
(2) assaultive or threatening conduct that could result in dismissal from school under section
121A.45, subdivision 2, clause (b) or (c);
(3) possession or use of weapons or look-alike weapons;
(4) theft; or
(5) vandalism or other damage to property.
Any request for access to data under this paragraph must contain an explanation of why
access to the data is necessary to serve the student.
(c) A principal or chief administrative officer of a school who receives a request to disclose
information about a student to the juvenile justice system under paragraph (b) shall, to the extent
permitted by federal law, notify the student's parent or guardian by certified mail of the request to
disclose information before disclosing the information. If the student's parent or guardian notifies
the principal or chief administrative officer within ten days of receiving the certified notice that
the parent or guardian objects to the disclosure, the principal or chief administrative officer
must not disclose the information. The principal or chief administrative officer must inform the
requesting member of the juvenile justice system of the objection.
(d) A principal or chief administrative officer is not required to create data under this
subdivision. Information provided in response to a data request under paragraph (b) shall indicate
only whether the data described in paragraph (b) exist. The principal or chief administrative officer
is not authorized under paragraph (b) to disclose the actual data or other information contained in
the student's education record. A principal or chief administrative officer is not required to provide
data that are protected by court order. A principal or chief administrative officer must respond to a
data request within 14 days if no objection is received from the parent or guardian.
(e) Nothing in this subdivision shall limit the disclosure of educational data pursuant to
court order.
(f) A school district, its agents, and employees who provide data in good faith under this
subdivision are not liable for compensatory or exemplary damages or an award of attorney fees in
an action under section 13.08, or other law, or for a penalty under section 13.09.
(g) Section 13.03, subdivision 4, applies to data that are shared under this subdivision with a
government entity. If data are shared with a member of the juvenile justice system who is not a
government entity, the person receiving the shared data must treat the data consistent with the
requirements of this chapter applicable to a government entity.
(h) A member of the juvenile justice system who falsely certifies a request for data under this
section is subject to the penalties under section 13.09.
    Subd. 9. Forms. To make a data request under subdivision 8, paragraph (b), a member of the
juvenile justice system must use the following form:
REQUEST FOR INFORMATION
Family Educational Rights and Privacy Act/
Minnesota Government Data Practices Act
DATE/TIME OF REQUEST .....
TO: .....
(Superintendent of school district or chief
administrative officer of school)
FROM: .....
(Requester's name/agency)
STUDENT: .....
BASIS FOR REQUEST
... Juvenile delinquency investigation/prosecution
... Child protection assessment/investigation
... Investigation/filing of CHIPS or delinquency petition
REASON FOR REQUEST (requester must describe why information regarding existence of the
data marked below is necessary to effectively serve the student) .....
.....
.....
.....
RESPONSE TO REQUEST
The school must indicate whether it has data on the student that document any activity or
behavior marked by the requester.
INFORMATION REQUESTED (mark all that apply)
RESPONSE
Indicate whether you have data that document the student's:
(yes or no)
.....
use of a controlled substance, alcohol, or tobacco
........
.....
assaultive or threatening conduct as defined in
Minnesota Statutes, section 13.32, subdivision 8
........
.....
possession or use of weapons or look-alike weapons
........
.....
theft
........
.....
vandalism and damage to property
........
CERTIFICATION: The undersigned certifies that the undersigned is a member of the juvenile
justice system. The requested data are needed by the juvenile justice system so it may effectively
serve, prior to adjudication, the student whose records are released. The undersigned will not
disclose the information received to any other party, except as provided under state law, without
prior written consent as required by Code of Federal Regulations, title 34, section 99.38(b). The
undersigned further certifies that the undersigned understands that by signing this request, the
undersigned is subject to the penalties in Minnesota Statutes, section 13.09.
.....
Signature/Title
    Subd. 10. Education records; child with 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.
History: 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; 1999 c 139 art 4 s 2; 1999 c 227 s 3,4,22; 2000 c 451 s 1; 2000 c 468 s
10; 2000 c 489 art 1 s 1; 2001 c 178 art 2 s 2; 2001 c 202 s 4; 2002 c 352 s 3-5; 2003 c 130 s 12;
1Sp2003 c 8 art 2 s 5; 2005 c 10 art 1 s 3; 2005 c 163 s 32; 1Sp2005 c 5 art 2 s 1; 2007 c 129 s 9
13.321 PREKINDERGARTEN-GRADE 12 EDUCATIONAL DATA CODED
ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 10 are codified outside
this chapter. Those sections classify prekindergarten to grade 12 educational data as other than
public, place restrictions on access to government data, or involve data sharing.
    Subd. 2. Curriculum and assessment; testing data. Data sharing involving the statewide
testing and reporting system is governed by sections 120B.30, subdivision 3, and 120B.31,
subdivision 4
.
    Subd. 2a. School accountability. Certain school accountability data are governed by section
120B.36, subdivisions 1, paragraph (e), and 2.
    Subd. 3. Disposition orders received by schools. Access to disposition orders received
by schools is governed by section 121A.75.
    Subd. 4. Student rights, responsibilities, and behavior. (a) Immunization data. Data
sharing involving immunization records is governed by section 121A.15, subdivision 7.
(b) Developmental screening. Data collected in early childhood developmental screening
programs are classified under section 121A.18.
(c) Exclusions and expulsions. Data sharing involving exclusions and expulsions is
classified under section 121A.53.
    Subd. 5. Teachers; license reporting. Data on certain teacher discharges and resignations
reported under section 122A.20 are classified under that section.
    Subd. 6. School district powers; energy efficiency projects. Data involving energy
efficiency project contracts are governed by section 123B.65, subdivision 10.
    Subd. 7. Education programs. (a) School readiness program. Data on a child participating
in a school readiness program are classified under section 124D.15, subdivision 9.
    (b) [Renumbered 13.461, subd 31]
(c) Performance tracking system. Data sharing related to the performance tracking system
is governed by section 124D.52.
    Subd. 8. Special education. (a) Third party payment. Disclosure of student data to health
plan companies is governed by section 125A.21, subdivision 7.
(b) Agency access. Agency access to data about a child with a disability is governed
by section 125A.23.
(c) Interagency early intervention committees. Data sharing involving interagency early
intervention committees is governed by sections 125A.027, subdivision 1, and 125A.30.
    Subd. 9. High School League. Data involving the High School League are governed by
section 128C.17.
    Subd. 10. Teacher data from value-added assessment model. Data on individual teachers
generated from a value-added assessment model are governed under section 120B.362.
History: 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 1,8; 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; 1998 c 273
s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2
s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c
205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2000 c 451 s 2; 2004 c 294 art 2 s 1;
2005 c 10 art 1 s 4; 2005 c 98 art 1 s 24; 1Sp2005 c 5 art 2 s 2
13.3215 UNIVERSITY OF MINNESOTA DATA.
Claims experience and all related information received from carriers and claims
administrators participating in a University of Minnesota group health, dental, life, or disability
insurance plan or the University of Minnesota workers' compensation program, and survey
information collected from employees or students participating in these plans and programs,
except when the university determines that release of the data will not be detrimental to the
plan or program, are classified as nonpublic data not on individuals pursuant to section 13.02,
subdivision 9
.
History: 1Sp2003 c 8 art 2 s 6
13.322 POSTSECONDARY EDUCATION DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 4 are codified outside this
chapter. Those sections classify higher education data as other than public, place restrictions on
access to government data, or involve data sharing.
    Subd. 2. Public postsecondary education; immunization files. Data sharing of
immunization records is governed by section 135A.14, subdivision 4.
    Subd. 3. Minnesota Office of Higher Education. (a) General. Data sharing involving the
Minnesota Office of Higher Education and other institutions is governed by section 136A.05.
    (b) Student financial aid. Data collected and used by the Minnesota Office of Higher
Education on applicants for financial assistance are classified under section 136A.162.
    (c) Minnesota college savings plan data. Account owner data, account data, and data on
beneficiaries of accounts under the Minnesota college savings plan are classified under section
136G.05, subdivision 10.
    (d) School financial records. Financial records submitted by schools registering with the
Minnesota Office of Higher Education are classified under section 136A.64.
    (e) Enrollment and financial aid data. Data collected from eligible institutions on student
enrollment and federal and state financial aid are governed by sections 136A.121, subdivision
18, and 136A.1701, subdivision 11.
    Subd. 4. Private career schools; inspection. Data obtained from an inspection of the
financial records of a school are governed by section 141.30.
    Subd. 5. Use of Social Security numbers. Certain restrictions on the use of Social Security
numbers are governed by section 325E.59.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2001 c 202 s 5; 1Sp2001 c 1 art 3 s 1,23; 2005
c 107 art 2 s 60; 2006 c 212 art 2 s 1,2; 2007 c 144 art 2 s 1
13.33 [Renumbered 13.601, subd 2]

GENERAL DATA

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.
History: 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
government entity, all government data collected and maintained by the government entity
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.
History: 1980 c 603 s 19; 1981 c 311 s 39; 1982 c 545 s 24; 2007 c 129 s 10
13.355 SOCIAL SECURITY NUMBERS.
    Subdivision 1. General. The Social Security numbers of individuals, whether provided in
whole or in part, collected or maintained by a government entity 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.
History: 1994 c 618 art 1 s 12; 1995 c 259 art 1 s 13; 1999 c 227 s 22; 2007 c 129 s 11
13.36 [Renumbered 13.87, subd 2]
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, work telephone number, and location of the parking space.
    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; 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. (a) 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. The location
of a National Night Out event is public data.
(b) The responsible authority of a government entity in consultation with the appropriate
chief law enforcement officer, emergency manager, or public health official, may make security
information accessible to any person, entity, or the public if the government entity determines that
the access will aid public health, promote public safety, or assist law enforcement.
History: 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; 1998 c 371 s 1; 1Sp2003
c 8 art 2 s 7; 2005 c 163 s 33-35
13.38 [Renumbered 13.3805, subdivision 1]

HEALTH AND MEDICAL DATA

13.3805 PUBLIC HEALTH DATA.
    Subdivision 1. Health data generally. (a) Definitions. As used in this subdivision:
(1) "Commissioner" means the commissioner of health.
(2) "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.
(b) Data on individuals. (1) 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.
(2) 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.
(3) 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.
(c) Health summary data. Summary data derived from data collected under section 145.413
may be provided under section 13.05, subdivision 7.
    Subd. 2. 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 are 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.
    Subd. 3. Office of Health Facility Complaints; investigative data. Except for investigative
data under section 626.556, all investigative data maintained by the Department of Health's Office
of Health Facility Complaints are subject to provisions of and classified pursuant to section
626.557, subdivision 12b, paragraphs (b) to (d). Notwithstanding sections 626.556, subdivision
11
, and 626.557, subdivision 12b, paragraph (b), data identifying an individual substantiated as
the perpetrator are public data. For purposes of this subdivision, an individual is substantiated as
the perpetrator if the commissioner of health determines that the individual is the perpetrator and
the determination of the commissioner is upheld after the individual either exercises applicable
administrative appeal rights or fails to exercise these rights within the time allowed by law.
    Subd. 4. Drinking water testing data. Data maintained by the Department of Health or
community public water systems that identify the address of the testing site and the name, address,
and telephone number of residential homeowners of each specific site that is tested for lead and
copper as required by the federal Safe Drinking Water Act, the United States Environmental
Protection Agency's lead and copper rule, and the department's drinking water protection program
are private data on individuals or nonpublic data.
History: 1981 c 311 s 31,39; 1982 c 545 s 24; 1987 c 309 s 24; 1987 c 351 s 4; 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 5,17; 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 27,58; 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 1,8; 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; 1998 c 273 s 1; 1998 c 361 s 1;
1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1; 1998 c 397 art 11 s
3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1 s 70; 1999 c 227 s
22; 1999 c 245 art 9 s 1,2; 2005 c 163 s 36; 2006 c 253 s 3
13.3806 PUBLIC HEALTH DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 20 are codified outside
this chapter. Those sections classify data on public health as other than public, place restrictions
on access to government data, or involve data sharing.
    Subd. 1a. Death investigation data. Data gathered by the commissioner of health to identify
the body of a person believed to have died due to a declared emergency as defined in section
12.03, subdivision 1e, the circumstances of death, and disposition of the body are classified in and
may be released according to section 12.381, subdivision 2.
    Subd. 2. Certain epidemiologic studies. Use of data collected by the commissioner of health
under sections 176.234, 268.19, and 270B.14, subdivision 11, is governed by section 144.0525.
    Subd. 3. Public health studies. Data held by the commissioner of health in connection with
public health studies are classified under section 144.053.
    Subd. 4. Vital statistics. (a) Parents' Social Security number; birth record. Parents'
Social Security numbers provided for a child's birth record are classified under section 144.215,
subdivision 4
.
(b) Foundling registration. The report of the finding of an infant of unknown parentage is
classified under section 144.216, subdivision 2.
(c) New record of birth. In circumstances in which a new record of birth may be issued
under section 144.218, the original record of birth is classified as provided in that section.
(d) Vital records. Physical access to vital records is governed by section 144.225,
subdivision 1
.
(e) Birth record of child of unmarried parents. Access to the birth record of a child whose
parents were not married to each other when the child was conceived or born is governed by
sections 144.225, subdivisions 2 and 4, and 257.73.
(f) Health data for birth registration. Health data collected for birth registration or fetal
death reporting are classified under section 144.225, subdivision 2a.
(g) Birth record; sharing. Sharing of birth record data and data prepared under section
257.75, is governed by section 144.225, subdivision 2b.
(h) Group purchaser identity for birth registration. Classification of and access to the
identity of a group purchaser collected in association with birth registration is governed by section
144.225, subdivision 6.
    Subd. 4a. Birth defects information system. Information collected for the birth defects
information system is governed by section 144.2217.
    Subd. 5. School health records. (a) Student health data. Data collected for the health
record of a school child are governed by section 144.29.
(b) Tuberculosis screening. Access to health records of persons enrolled in or employed by
a school or school district for tuberculosis screening purposes is governed by section 144.441,
subdivision 8
.
    Subd. 6. Health records. Access to health records is governed by sections 144.291 to
144.298.
    Subd. 7. Immunization data. Sharing of immunization data is governed by section 144.3351.
    Subd. 8. Hepatitis B maternal carrier. Sharing of information regarding the hepatitis B
infection status of a newborn's mother is governed by section 144.3352.
    Subd. 9. 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. 10. 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. 10a. Isolation or quarantine directive. Data in a directive issued by the commissioner
of health under section 144.4195, subdivision 2, to isolate or quarantine a person or group of
persons are classified in section 144.4195, subdivision 6.
    Subd. 11. Tuberculosis health threat. Data collected by the commissioner of health in
connection with a tuberculosis health threat are classified under section 144.4813.
    Subd. 12. Epidemiologic data. Epidemiologic data that identify individuals are classified
under section 144.6581.
    Subd. 13. Traumatic injury. Data on individuals with a brain or spinal injury collected by
the commissioner of health are classified under section 144.665.
    Subd. 14. Cancer surveillance system. Data on individuals collected by the cancer
surveillance system are classified pursuant to section 144.69.
    Subd. 15. Bloodborne pathogens. Data sharing between the emergency medical services
agency and facilities is governed by section 144.7402, subdivision 3.
    Subd. 16. Test information. Information concerning test results is governed by section
144.7411.
    Subd. 17. Lead exposure. Data on individuals exposed to lead in their residences are
classified under sections 144.9502, subdivision 9, and 144.9504, subdivision 2.
    Subd. 18. Terminated pregnancies. Disclosure of reports of terminated pregnancies made
to the commissioner of health is governed by section 145.413, subdivision 1.
    Subd. 19.[Repealed, 2001 c 211 s 4]
    Subd. 19a. Maternal death. Access to and classification of medical data and health records
related to maternal death studies are governed by section 145.901.
    Subd. 20. Hazardous substance exposure. Disclosure of data related to hazardous substance
exposure is governed by section 145.94.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art
1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2001 c 211 s 1; 1Sp2001 c 9 art 15 s 32; 2002
c 402 s 16,17,21; 2003 c 2 art 3 s 1; 2004 c 279 art 11 s 7; 2004 c 288 art 6 s 1; 2004 c 290 s
3; 2005 c 149 s 7; 2005 c 150 s 13,14; 2007 c 147 art 10 s 15
NOTE: Subdivision 4a, as added by Laws 2004, chapter 288, article 6, section 1, and Laws
2004, chapter 290, section 3, is effective upon receipt of a federal grant to establish a birth defects
information system. Laws 2004, chapter 288, article 6, section 1, the effective date, and Laws
2004, chapter 290, section 3, the effective date.
13.381 HEALTH REGULATORY DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 17 are codified outside
this chapter. Those sections classify health regulatory data as other than public, place restrictions
on access to government data, or involve data sharing.
    Subd. 2. Health occupations data. (a) Health-related licensees and registrants. The
collection, analysis, reporting, and use of data on individuals licensed or registered by the
commissioner of health or health-related licensing boards are governed by sections 144.051,
subdivision 2
, and 144.052.
(b) Health services personnel. Data collected by the commissioner of health for the database
on health services personnel are classified under section 144.1485.
    Subd. 3. 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. 4. Rural hospital grants. Financial data on individual hospitals under the rural
hospital grant program are classified under section 144.147, subdivision 5.
    Subd. 5. 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. 6. Public hospital meetings. Data from a closed meeting of a public hospital are
classified under section 144.581, subdivision 5.
    Subd. 7. 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, subdivisions 1 and 2.
    Subd. 7a. Facility requirements. Data provided to, filed with, or created or obtained by the
commissioner of health under section 144.7065 are classified as provided in section 144.7065,
subdivision 10
.
    Subd. 8. Health test results. Health test results obtained under sections 144.7401 to
144.7415 are classified under section 144.7411.
    Subd. 9. Nursing home noncompliance. Data from correction orders of or notices of
noncompliance by nursing homes are governed under section 144A.10.
    Subd. 10. Home care and hospice provider. Data regarding a home care provider under
sections 144A.43 to 144A.47 are governed by section 144A.45. Data regarding a hospice provider
under sections 144A.75 to 144A.755 are governed by sections 144A.752 and 144A.754.
    Subd. 11. Health facility complaints. Information gathered by the director of the Office of
Health Facility Complaints is classified under section 144A.53, subdivision 3.
    Subd. 12. Ambulance service data. Data required to be reported by ambulance services
under section 144E.123 are classified under that section.
    Subd. 13. 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. 14. Family planning grants. Information gathered under section 145.925 is classified
under section 145.925, subdivision 6.
    Subd. 15. Mortuary science interns. Data collected in case reports filed with the
commissioner of health by mortuary science interns are classified under section 149A.20,
subdivision 6
.
    Subd. 16. Funeral establishments. Data on individuals in annual reports required of certain
funeral establishments are classified under section 149A.97, subdivision 11.
    Subd. 16a. Prescription electronic reporting system. Access to data in the prescription
electronic reporting system is governed by section 152.126.
    Subd. 17. Technology assistance review panel. Data maintained by the technology
assistance review panel under section 256.9691, subdivision 6, are classified under that section.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s
2; 1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2000 c 422 s 1; 2002 c 252 s
1; 2005 c 10 art 1 s 5; 2007 c 147 art 11 s 1
13.383 HEALTH OCCUPATIONS INVESTIGATIVE DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 16 are codified outside
this chapter. Those sections classify health occupations investigative data as other than public,
place restrictions on access to government data, or involve data sharing.
    Subd. 2. EMT, EMT-I, EMT-P, or first responders. Reports of emergency medical
technician, emergency medical technician-intermediate, emergency medical technician-paramedic,
or first responder misconduct are classified under section 144E.305, subdivision 3.
    Subd. 3. Unlicensed practitioners. Data relating to investigations and disciplinary actions
under section 146A.06 are governed by subdivision 2 of that section.
    Subd. 4. Physicians. (a) Disciplinary data generally. Data held by the Board of Medical
Practice in connection with disciplinary matters are classified under section 147.01, subdivision 4.
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.
(b) Required examinations; physician's medical record. Data obtained by the Board
of Medical Practice when requiring a mental or physical examination of a physician or when
accessing a physician's medical records are classified under section 147.091, subdivision 6.
(c) Sexual misconduct. Certain data relating to sexual misconduct are classified under
section 147.092.
(d) Reports of violations. Certain reports of violations submitted to the Board of Medical
Practice are classified under section 147.121.
(e) Patient medical records. Patient medical records provided to the Board of Medical
Practice under section 147.131 are classified under that section.
    Subd. 5. Physician assistants. (a) Required examinations; physician assistant's medical
records. Data obtained by the Medical Practices Board when requiring a mental or physical
examination of a physician assistant or when accessing a physician assistant's medical records are
classified under section 147A.13, subdivision 6.
(b) Sharing complaint information. Sharing of complaint information regarding a
physician assistant is governed by section 147A.26.
    Subd. 6. Chiropractors. 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. 7. Nurses. (a) Required examinations; nurse's medical records. Data obtained
by the Board of Nursing when requiring a mental or physical examination of a nurse or when
accessing a nurse's medical records are classified under section 148.261, subdivision 5.
(b) Reports of violations. Certain reports of violations submitted to the Board of Nursing
are classified under section 148.264.
(c) Patient medical records. 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.
(d) 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. 8. Psychologists and psychological practitioners. Client records of a patient
cared for by a psychologist or psychological practitioner who is under review by the Board of
Psychology are classified under section 148.941, subdivision 4. Data obtained by the Board of
Psychology when requiring a mental, physical, or chemical dependency examination or evaluation
of a regulated individual or when accessing the medical records of a regulated individual are
classified under section 148.941, subdivision 8.
    Subd. 9. Marriage and family therapists. (a) Disciplinary data generally. Data held by
the Board of Marriage and Family Therapy in connection with disciplinary matters are classified
under sections 148B.04 and 148B.175, subdivisions 2 and 5.
(b) Reports of violations. Certain reports of violations submitted to the Board of Marriage
and Family Therapy are classified under section 148B.08.
(c) Client records. Client records of a patient cared for by a marriage and family therapist
who is under review by the Board of Marriage and Family Therapy are classified under sections
148B.09 and 148B.11.
    Subd. 10. Social workers. (a) Disciplinary data generally. Data held by the Board of Social
Work in connection with disciplinary matters are classified under sections 148D.255 to 148D.270.
(b) Reports of violations. Certain reports of violations submitted to the Board of Social
Work are classified under sections 148D.240 to 148D.250.
(c) Client records. Client records of a patient cared for by a social worker who is under
review by the Board of Social Work are classified under section 148D.230.
    Subd. 11. Unlicensed mental health practitioner. (a) Disciplinary data generally. Data
held by the commissioner of health in connection with the investigation of an unlicensed mental
health practitioner are classified under section 148B.66, subdivision 2. 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.
(b) Client records. Client records of a patient cared for by an unlicensed mental health
practitioner who is under review by the commissioner of health are classified under section
148B.66, subdivision 1.
(c) Required examinations; practitioner's medical records. Data obtained by the
commissioner of health when requiring a mental or physical examination of an unlicensed
mental health practitioner or when accessing the practitioner's medical records are classified
under section 148B.68, subdivision 3.
    Subd. 11a. Alcohol and drug counselor licensing; sharing. Sharing of data collected for
licensing of alcohol and drug counselors is governed by section 148C.099, subdivision 2.
    Subd. 12. Mortuary science practitioners. Data on investigations and disciplinary actions
of mortuary science practitioners by the commissioner of health are classified under section
149A.04, subdivision 5.
    Subd. 13. Dentists, dental hygienists, and dental assistants. (a) Required examinations;
medical records. Data obtained by the Board of Dentistry when requiring a mental or physical
examination of a dentist, dental hygienist, or dental assistant or when accessing the medical
records of a dentist, dental hygienist, or dental assistant are classified under sections 150A.08,
subdivisions 5 and 6
, and 150A.081.
(b) Patient records. Patient records of a patient cared for by a dentist, dental hygienist,
or dental assistant who is under review by the Board of Dentistry are classified under section
150A.081.
(c) Investigative data. Reports submitted to the Board of Dentistry containing information
about violations are classified under section 150A.14.
    Subd. 14. Doctors of podiatric medicine. (a) Patient records. Patient records of a patient
cared for by a doctor of podiatric medicine who is under review by the Board of Podiatric
Medicine are classified under section 153.20.
(b) Access to doctor's medical data. Access to the medical data of a doctor of podiatric
medicine who is under review by the Board of Podiatric Medicine is governed by section 153.21,
subdivision 2
.
    Subd. 15. Hearing instrument dispensers. (a) Sharing complaint information. Sharing of
complaint information regarding a hearing instrument dispenser is governed by section 153A.15,
subdivision 3
.
(b) Medical records. Medical records obtained by the commissioner of health in the course
of reviewing a hearing instrument dispenser are classified under section 153A.15, subdivision 3a.
    Subd. 16. Veterinarians. (a) Client records. Veterinary records on clients of a veterinarian
who is under review by the Board of Veterinary Medicine are classified under section 156.082.
(b) Required examinations; veterinarian's medical record. Data obtained by the Board of
Veterinary Medicine when requiring a mental or physical examination of a veterinarian or when
accessing the veterinarian's medical records are classified under section 156.125.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s
2; 1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2002 c 341 s 1; 2003 c 2 art
3 s 2; 2003 c 122 s 1; 2005 c 147 art 1 s 1
13.384 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
government entity 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 government entity 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
government entity, 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 sections 144.291 to 144.298, 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.
History: 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; 1999 c 227 s 22;
2007 c 129 s 12,13; 2007 c 147 art 10 s 15
13.385 [Renumbered 13.3805, subd 2]
13.386 TREATMENT OF GENETIC INFORMATION HELD BY GOVERNMENT
ENTITIES AND OTHER PERSONS.
    Subdivision 1. Definition. (a) "Genetic information" means information about an identifiable
individual derived from the presence, absence, alteration, or mutation of a gene, or the presence or
absence of a specific DNA or RNA marker, which has been obtained from an analysis of:
(1) the individual's biological information or specimen; or
(2) the biological information or specimen of a person to whom the individual is related.
(b) "Genetic information" also means medical or biological information collected from an
individual about a particular genetic condition that is or might be used to provide medical care to
that individual or the individual's family members.
    Subd. 2. Private data. Genetic information held by a government entity is private data on
individuals as defined by section 13.02, subdivision 12.
    Subd. 3. Collection, storage, use, and dissemination of genetic information. Unless
otherwise expressly provided by law, genetic information about an individual:
(1) may be collected by a government entity, as defined in section 13.02, subdivision 7a, or
any other person only with the written informed consent of the individual;
(2) may be used only for purposes to which the individual has given written informed consent;
(3) may be stored only for a period of time to which the individual has given written
informed consent; and
(4) may be disseminated only:
(i) with the individual's written informed consent; or
(ii) if necessary in order to accomplish purposes described by clause (2). A consent to
disseminate genetic information under item (i) must be signed and dated. Unless otherwise
provided by law, such a consent is valid for one year or for a lesser period specified in the consent.
History: 2006 c 253 s 4

ATTORNEY, AUDIT, AND INVESTIGATIVE DATA

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 government entity.
    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 government
entity 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 government entity, 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 government entity or by the chief attorney acting for the government
entity 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 government entity
or its attorney decides to renew the civil action.
History: 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; 2007 c 129 s 14-17
13.391 [Renumbered 13.821]
13.392 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
government entities, or persons performing audits for government entities, 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,
except that the data shall be disclosed as required to comply with section 6.67 or 609.456. This
section does not limit in any way:
    (1) the state auditor's access to government data of political subdivisions or data, notes, or
preliminary drafts of reports of persons performing audits for political subdivisions; or
    (2) the public or a data subject's access to data classified by section 13.43.
    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.
History: 1989 c 351 s 11; 1998 c 371 s 3,22; 2007 c 129 s 18
13.393 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 a government entity
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.
History: 1979 c 328 s 19; 1981 c 311 s 39; 1982 c 545 s 24; 1986 c 444; 1999 c 227 s
22; 2007 c 129 s 19

LIBRARY DATA

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
13.401 LIBRARY AND HISTORICAL DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The section referred to in subdivision 2 is codified outside this chapter.
That section places a restriction on access to government data.
    Subd. 2. Restrictions on access to archives records. Limitations on access to records
transferred to the state archives are provided in section 138.17, subdivision 1c.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2

LICENSING DATA

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.
    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 5.
(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 shall designate a residence or business address and telephone
number at which the licensee can be contacted in connection with the license. By designating an
address under this paragraph other than a residence address, the applicant or licensee consents to
accept personal service of process by service on the licensing agency for legal or administrative
proceedings. The licensing agency shall mail a copy of the documents to the applicant or licensee
at the last known residence address.
    Subd. 3. 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 government entity 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. 4. 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. 5. Public data. Licensing agency minutes, application data on licensees except
nondesignated addresses, 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. 6. 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.
History: 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; 1999 c 227 s 22; 2000 c 468 s 11; 2002 c 375 art 1 s 1; 2002 c 389 s 1; 2007 c 129 s 22
13.411 LICENSING DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 8 are codified outside this
chapter. Those sections classify licensing data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. Home care providers. Data from criminal background studies of the owner or
managerial official of a home care provider that are given to the commissioner of health are
classified under section 144A.46, subdivision 5.
    Subd. 3. Unlicensed complementary and alternative health care practitioners and
clients. Data obtained by the commissioner of health on unlicensed complementary and
alternative health care practitioners and clients are classified under sections 146A.06 and 146A.08.
    Subd. 4. Marriage and family therapists. Residence addresses and telephone numbers of
marriage and family therapist licensees are classified under section 148B.04, subdivision 6.
    Subd. 5. Social workers. Residence addresses and telephone numbers of social worker
licensees are classified under chapter 148D.
    Subd. 6. Practitioners of mortuary science. (a) Mortuary science. Data submitted to
the commissioner of health for a license, reciprocal license, or renewal of a license to practice
mortuary science are classified under sections 149A.20, subdivision 13, 149A.30, subdivision 7,
and 149A.40, subdivision 10.
(b) Operation of funeral establishment. Data submitted to the commissioner of health for a
license or renewal of a license to operate a funeral establishment are classified under sections
149A.50, subdivision 9, and 149A.51, subdivision 9.
(c) Operation of a crematory. Data submitted to the commissioner of health for a license or
renewal of a license to operate a crematory are classified under sections 149A.52, subdivision 8,
and 149A.53, subdivision 8.
    Subd. 7. Examining and licensing boards. (a) Health licensing boards. Data held by health
licensing boards are classified under sections 214.10, subdivision 8, and 214.25, subdivision 1.
(b) 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. 8. Private detective license. Certain data on applicants for licensure as private
detectives are classified under section 326.3382, subdivision 3.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2000 c 460 s 1; 2005 c 147 art 1 s 2
13.42 [Renumbered 13.384]

PERSONNEL; SALARY BENEFIT DATA

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 government
entity. Personnel data includes data submitted by an employee to a government entity as part of
an organized self-evaluation effort by the government entity to request suggestions from all
employees on ways to cut costs, make government more efficient, or improve the operation of
government. An employee who is identified in a suggestion shall have access to all data in the
suggestion except the identity of the employee making the suggestion.
    Subd. 2. Public data. (a) Except for employees described in subdivision 5 and subject to
the limitations described in subdivision 5a, the following personnel data on current and former
employees, volunteers, and independent contractors of a government entity is public:
    (1) name; employee identification number, which must not be the employee's Social Security
number; 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 and bargaining unit; 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 123B.143, subdivision 2, 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.
    (b) For purposes of this subdivision, a final disposition occurs when the government entity
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 government entity, or arbitrator.
    (c) The government entity may display a photograph of a current or former employee to a
prospective witness as part of the government entity's investigation of any complaint or charge
against the employee.
    (d) A complainant has access to a statement provided by the complainant to a government
entity 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
within state government.
    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 government entity 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.
    Subd. 4. Other data. All other personnel data is private data on individuals but may be
released pursuant to a court order. Data pertaining to an employee's dependents are private data
on individuals.
    Subd. 5. Undercover law enforcement officer. All personnel data maintained by a
government entity 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. 5a. Limitation on disclosure of certain personnel data. Notwithstanding any
other provision of this section, the following data relating to employees of a secure treatment
facility defined in section 253B.02, subdivision 18a, employees of a state correctional facility, or
employees of the Department of Corrections directly involved in supervision of offenders in the
community, shall not be disclosed to facility patients, corrections inmates, or other individuals
who facility or correction administrators reasonably believe will use the information to harass,
intimidate, or assault any of these employees: place where previous education or training
occurred; place of prior employment; and payroll timesheets or other comparable data, to the
extent that disclosure of payroll timesheets or other comparable data may disclose future work
assignments, home address or telephone number, the location of an employee during nonwork
hours, or the location of an employee's immediate family members.
    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 a
government entity to administer employee assistance programs similar to the one authorized by
section 43A.319 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 government entity 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 government entity 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
government entity 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.
    Subd. 13. Dissemination of data to Department of Employment and Economic
Development. Private personnel data must be disclosed to the Department of Employment and
Economic Development for the purpose of administration of the unemployment benefits program
under chapter 268.
    Subd. 14. Maltreatment data. When a report of alleged maltreatment of a student in a school
facility, as defined in section 626.556, subdivision 2, paragraph (f), is made to the commissioner
of education under section 626.556, data that are relevant to a report of maltreatment and are
collected by the school facility about the person alleged to have committed maltreatment must
be provided to the commissioner of education upon request for purposes of an assessment or
investigation of the maltreatment report. Data received by the commissioner of education pursuant
to these assessments or investigations are classified under section 626.556.
    Subd. 15. Dissemination of data to law enforcement. Private personnel data, or data
on employees that are confidential data under section 13.39, may be disseminated to a law
enforcement agency for the purpose of reporting a crime or alleged crime committed by an
employee, or for the purpose of assisting law enforcement in the investigation of a crime
committed or allegedly committed by an employee.
    Subd. 16. School district or charter school disclosure of violence or inappropriate sexual
contact. The superintendent of a school district or the superintendent's designee, or a person
having administrative control of a charter school, must release to a requesting school district or
charter school private personnel data on a current or former employee related to acts of violence
toward or sexual contact with a student, if an investigation conducted by or on behalf of the
school district or law enforcement affirmed the allegations in writing prior to release and the
investigation resulted in the resignation of the subject of the data.
History: 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; 1998 c 397 art 11 s 3; 1999 c 107 s 66; 1999 c 182 s 1; 1999 c 227 s 6;
1999 c 250 art 1 s 114; 2000 c 343 s 4; 2001 c 70 s 1; 2001 c 178 art 2 s 3; 2002 c 243 s 1; 2002 c
352 s 6; 2002 c 396 s 1; 2003 c 130 s 12; 1Sp2003 c 8 art 2 s 8; 2004 c 137 s 1; 2004 c 206 s 52;
2004 c 288 art 3 s 1,2; 2004 c 290 s 4,5; 2005 c 163 s 37-39; 2007 c 129 s 23-28
13.435 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 government entities are classified as
nonpublic pursuant to section 13.02, subdivision 9.
History: 1981 c 311 s 19,39; 1982 c 545 s 24; 1999 c 227 s 22; 2007 c 129 s 29

PROPERTY DATA

13.44 PROPERTY DATA.
    Subdivision 1. Real property; complaint data. The identities of individuals who register
complaints with government entities 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
.
    Subd. 2. Real property; building code violations. Code violation records pertaining to a
particular parcel of real property and the buildings, improvements, and dwelling units located on it
that are kept by any state, county, or city agency charged by the governing body of the appropriate
government entity with the responsibility for enforcing a state, county, or city health, housing,
building, fire prevention, or housing maintenance code are public data; except as otherwise
provided by section 13.39, subdivision 2; 13.44; or 13.82, subdivision 7.
    Subd. 3. Real property; appraisal data. (a) Confidential or protected nonpublic data.
Estimated or appraised values of individual parcels of real property that are made by personnel of
a government entity or by independent appraisers acting for a government entity for the purpose
of selling or acquiring land through purchase or condemnation are classified as confidential data
on individuals or protected nonpublic data.
    (b) Private or nonpublic data. Appraised values of individual parcels of real property
that are made by appraisers working for fee owners or contract purchasers who have received
an offer to purchase their property from a government entity are classified as private data on
individuals or nonpublic data.
    (c) Public data. The data made confidential or protected nonpublic under paragraph (a) or
made private or nonpublic under paragraph (b) become public upon the occurrence of any of
the following:
    (1) the data are submitted to a court-appointed condemnation commissioner;
    (2) the data are presented in court in condemnation proceedings; or
    (3) the negotiating parties enter into an agreement for the purchase and sale of the property.
    Subd. 4. Personal and intangible property; appraisal data. Preliminary and final market
value appraisals, which are made by personnel of a city or county or by an independent appraiser
acting on behalf of a city or county, of personal and intangible property owned by the city or
county, are classified as nonpublic data not on individuals until either (1) a purchase agreement is
entered into; or (2) the parties negotiating the transaction exchange appraisals.
History: 1980 c 603 s 20; 1981 c 311 s 39; 1982 c 545 s 5,21,24; 1983 c 143 s 1; 1984 c 436
s 18; 1987 c 351 s 12; 1995 c 259 art 1 s 14; 1999 c 227 s 5,22; 1Sp2003 c 19 art 2 s 1; 2004 c
290 s 6; 1Sp2005 c 6 art 3 s 1; 2007 c 129 s 30-32
13.441 PROPERTY DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 and 3 are codified outside
this chapter. Those sections classify property data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. Trusts. (a) Charitable trust data. Data filed by a charitable trust with the attorney
general are governed by section 501B.39.
(b) Charitable trust data sharing. Data sharing of records of a charitable trust is governed
by section 501B.40, subdivision 3.
    Subd. 3. Probate; international will registration. Information on the execution of
international wills is classified under section 524.2-1010, subdivision 1.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
13.442 [Renumbered 13.44, subd 2]
13.45 [Renumbered 13.435]

FAMILY, WELFARE, AND BENEFIT DATA

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, the aid to families
with dependent children program formerly codified in sections 256.72 to 256.87, Minnesota
family investment program, temporary assistance for needy families program, medical assistance,
general assistance, general assistance medical care, child care assistance program, and child
support collections.
(c) "Welfare system" includes the Department of Human Services, local social services
agencies, county welfare agencies, private licensing 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 developmental disabilities,
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 developmental disabilities.
(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.
(f) "Private licensing agency" means an agency licensed by the commissioner of human
services under chapter 245A to perform the duties under section 245A.16.
    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 verify an individual's identity;
determine eligibility, amount of assistance, and the need to provide services to an individual or
family across programs; evaluate the effectiveness of programs; assess parental contribution
amounts; and investigate suspected fraud;
    (6) to administer federal funds or programs;
    (7) between personnel of the welfare system working in the same program;
    (8) to the Department of Revenue to assess parental contribution amounts for purposes of
section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit programs and
to identify individuals who may benefit from these programs. The following information may
be disclosed under this paragraph: an individual's and their dependent's names, dates of birth,
Social Security numbers, income, addresses, and other data as required, upon request by the
Department of Revenue. Disclosures by the commissioner of revenue to the commissioner of
human services for the purposes described in this clause are governed by section 270B.14,
subdivision 1
. Tax refund or tax credit programs include, but are not limited to, the dependent
care credit under section 290.067, the Minnesota working family credit under section 290.0671,
the property tax refund and rental credit under section 290A.04, and the Minnesota education
credit under section 290.0674;
    (9) between the Department of Human Services, the Department of Employment and
Economic Development, and when applicable, the Department of Education, for the following
purposes:
    (i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;
    (ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;
    (iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of food support, cash
assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B,
or medical programs under chapter 256B, 256D, or 256L; and
    (iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II, Sections
201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999. Health records
governed by sections 144.291 to 144.298 and "protected health information" as defined in Code of
Federal Regulations, title 45, section 160.103, and governed by Code of Federal Regulations, title
45, parts 160-164, including health care claims utilization information, must not be exchanged
under this clause;
    (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
98-527 to protect the legal and human rights of persons with developmental disabilities 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 Minnesota Office of Higher Education 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 Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify the
agency that:
    (i) the participant:
    (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 support 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 support 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) the current address of a recipient of Minnesota family investment program, general
assistance, general assistance medical care, or food support may be disclosed to law enforcement
officers who, in writing, provide the name of the recipient and notify the agency that the recipient
is a person required to register under section 243.166, but is not residing at the address at which
the recipient is registered under section 243.166;
    (20) certain information regarding child support obligors who are in arrears may be made
public according to section 518A.74;
    (21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be disclosed to
all obligees to whom the obligor owes support, and data on the enforcement actions undertaken
by the public authority, the status of those actions, and data on the income of the obligor or
obligee may be disclosed to the other party;
    (22) data in the work reporting system may be disclosed under section 256.998, subdivision 7;
    (23) to the Department of Education for the purpose of matching Department of Education
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 allocate federal and state funds that are distributed based
on income of the student's family; and to verify receipt of energy assistance for the telephone
assistance plan;
    (24) 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;
    (25) 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;
    (26) to personnel of public assistance programs as defined in section 256.741, for access to
the child support system database for the purpose of administration, including monitoring and
evaluation of those public assistance programs;
    (27) to monitor and evaluate the Minnesota family investment program by exchanging data
between the Departments of Human Services and Education, on recipients and former recipients
of food support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
    (28) to evaluate child support program performance and to identify and prevent fraud in
the child support program by exchanging data between the Department of Human Services,
Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) and (b), without
regard to the limitation of use in paragraph (c), Department of Health, Department of Employment
and Economic Development, and other state agencies as is reasonably necessary to perform
these functions; or
    (29) counties operating child care assistance programs under chapter 119B may disseminate
data on program participants, applicants, and providers to the commissioner of education.
    (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).
    For the purposes of this subdivision, a request will be deemed to be made in writing if
made through a computer interface system.
    Subd. 3. Investigative data. (a) 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:
(1) pursuant to section 13.05;
(2) pursuant to statute or valid court order;
(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense; or
(4) 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.
(b) Notwithstanding any other provision in law, the commissioner of human services shall
provide all active and inactive investigative data, including the name of the reporter of alleged
maltreatment under section 626.556 or 626.557, to the ombudsman for mental health and
developmental disabilities upon the request of the ombudsman.
    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)(1) Except as provided in paragraph (c), the following data on applicants, license holders,
and former licensees are public: name, address, telephone number of licensees, date of receipt of a
completed application, dates of licensure, licensed capacity, type of client preferred, variances
granted, record of training and education in child care and child development, type of dwelling,
name and relationship of other family members, previous license history, class of license, the
existence and status of complaints, and the number of serious injuries to or deaths of individuals
in the licensed program as reported to the commissioner of human services, the local social
services agency, or any other county welfare agency. For purposes of this clause, a serious injury
is one that is treated by a physician. When a correction order or fine has been issued, a license
is suspended, immediately suspended, revoked, denied, or made conditional, or a complaint
is resolved, the following data on current and former licensees and applicants are public:
the substance and investigative findings of the licensing or maltreatment complaint, licensing
violation, or substantiated maltreatment; the record of informal resolution of a licensing violation;
orders of hearing; findings of fact; conclusions of law; specifications of the final correction order,
fine, suspension, immediate suspension, revocation, denial, or conditional license contained in the
record of licensing action; and the status of any appeal of these actions.
    (2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, when
any person subject to disqualification under section 245C.14 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 is a
substantiated perpetrator of maltreatment, and the substantiated maltreatment is a reason for a
licensing action, the identity of the substantiated perpetrator of maltreatment is public data. For
purposes of this clause, a person is a substantiated perpetrator if the maltreatment determination
has been upheld under section 256.045; 626.556, subdivision 10i; 626.557, subdivision 9d;
or chapter 14, or if an individual or facility has not timely exercised appeal rights under these
sections.
    (3) For applicants who withdraw their application prior to licensure or denial of a license, the
following data are public: the name of the applicant, the city and county in which the applicant
was seeking licensure, the dates of the commissioner's receipt of the initial application and
completed application, the type of license sought, and the date of withdrawal of the application.
    (4) For applicants who are denied a license, the following data are public: the name and
address of the applicant, the city and county in which the applicant was seeking licensure, the
dates of the commissioner's receipt of the initial application and completed application, the type
of license sought, the date of denial of the application, the nature of the basis for the denial, the
record of informal resolution of a denial, orders of hearings, findings of fact, conclusions of law,
specifications of the final order of denial, and the status of any appeal of the denial.
    (5) The following data on persons subject to disqualification under section 245C.14 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 245C.22,
subdivisions 2 and 4
, and the reasons for setting aside the disqualification; the nature of any
disqualification for which a variance was granted under sections 245A.04, subdivision 9; and
245C.30, and the reasons for granting any variance under section 245A.04, subdivision 9; and, if
applicable, the disclosure that any person subject to a background study under section 245C.03,
subdivision 1
, has successfully passed a background study.
    (6) When maltreatment is substantiated under section 626.556 or 626.557 and the victim
and the substantiated perpetrator are affiliated with a program licensed under chapter 245A, the
commissioner of human services, local social services agency, or county welfare agency may
inform the license holder where the maltreatment occurred of the identity of the substantiated
perpetrator and the victim.
    (7) Notwithstanding clause (1), for child foster care, only the name of the license holder
and the status of the license are public if the county attorney has requested that data otherwise
classified as public data under clause (1) be considered private data based on the best interests of
a child in placement in a licensed program.
    (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 a license which has been
suspended, immediately suspended, revoked, or denied.
    (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
, or 626.5572, subdivision 18, are subject to the destruction provisions of sections 626.556,
subdivision 11c
, and 626.557, subdivision 12b.
    (h) Upon request, not public data collected, maintained, used, or disseminated under this
subdivision that relate to or are derived from a report of substantiated maltreatment as defined
in section 626.556 or 626.557 may be exchanged with the Department of Health for purposes
of completing background studies pursuant to section 144.057 and with the Department of
Corrections for purposes of completing background studies pursuant to section 241.021.
    (i) Data on individuals collected according to licensing activities under chapters 245A
and 245C, and data on individuals collected by the commissioner of human services according
to maltreatment investigations under sections 626.556 and 626.557, may be shared with the
Department of Human Rights, the Department of Health, the Department of Corrections, the
Ombudsman for Mental Health and Developmental Disabilities, and the individual's professional
regulatory board when there is reason to believe that laws or standards under the jurisdiction of
those agencies may have been violated.
    (j) In addition to the notice of determinations required under section 626.556, subdivision
10f
, if the commissioner or the local social services agency has determined that an individual is a
substantiated perpetrator of maltreatment of a child based on sexual abuse, as defined in section
626.556, subdivision 2, and the commissioner or local social services agency knows that the
individual is a person responsible for a child's care in another facility, the commissioner or local
social services agency shall notify the head of that facility of this determination. The notification
must include an explanation of the individual's available appeal rights and the status of any
appeal. If a notice is given under this paragraph, the government entity making the notification
shall provide a copy of the notice to the individual who is the subject of the notice.
    (k) All not public data collected, maintained, used, or disseminated under this subdivision
and subdivision 3 may be exchanged between the Department of Human Services, Licensing
Division, and the Department of Corrections for purposes of regulating services for which the
Department of Human Services and the Department of Corrections have regulatory authority.
    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 sections 144.291 to 144.298. 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 sections 144.291 to 144.298. 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 518A.41.
    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 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 as otherwise provided by this subdivision; 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.
(c) Notwithstanding section 245.69, subdivision 2, paragraph (f), or any other law to the
contrary, the responsible authority for a community mental health center, mental health division of
a county, or a mental health provider must disclose mental health data to a law enforcement agency
if the law enforcement agency provides the name of a client or patient and communicates that the:
(1) client or patient is currently involved in an emergency interaction with the law
enforcement agency; and
(2) data is necessary to protect the health or safety of the client or patient or of another person.
The scope of disclosure under this paragraph is limited to the minimum necessary for law
enforcement to respond to the emergency. Disclosure under this paragraph may include, but is not
limited to, the name and telephone number of the psychiatrist, psychologist, therapist, mental
health professional, practitioner, or case manager of the client or patient. A law enforcement
agency that obtains mental health data under this paragraph shall maintain a record of the
requestor, the provider of the information, and the client or patient name. Mental health data
obtained by a law enforcement agency under this paragraph are private data on individuals and
must not be used by the law enforcement agency for any other purpose. A law enforcement
agency that obtains mental health data under this paragraph shall inform the subject of the data
that mental health data was obtained.
(d) In the event of a request under paragraph (a), clause (4), a community mental health
center, county mental health division, or provider must release mental health data to Criminal
Mental Health Court personnel in advance of receiving a copy of a consent if the Criminal Mental
Health Court personnel communicate that the:
(1) client or patient is a defendant in a criminal case pending in the district court;
(2) data being requested is limited to information that is necessary to assess whether the
defendant is eligible for participation in the Criminal Mental Health Court; and
(3) client or patient has consented to the release of the mental health data and a copy of the
consent will be provided to the community mental health center, county mental health division, or
provider within 72 hours of the release of the data.
For purposes of this paragraph, "Criminal Mental Health Court" refers to a specialty criminal
calendar of the Hennepin County District Court for defendants with mental illness and brain
injury where a primary goal of the calendar is to assess the treatment needs of the defendants
and to incorporate those treatment needs into voluntary case disposition plans. The data released
pursuant to this paragraph may be used for the sole purpose of determining whether the person
is eligible for participation in mental health court. This paragraph does not in any way limit or
otherwise extend the rights of the court to obtain the release of mental health data pursuant to
court order or any other means allowed by law.
    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.
    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.
History: 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; 1998 c
371 s 2; 1998 c 397 art 11 s 3; 1999 c 99 s 7; 1999 c 107 s 66; 1999 c 159 s 1,; 1999 c 205 art
1 s 1; 1999 c 227 s 22; 1999 c 241 art 9 s 1; 1999 c 245 art 7 s 1; 2000 c 260 s 87,90; 2000 c
311 art 6 s 1; 2000 c 343 s 4; 2001 c 178 art 2 s 4; 1Sp2001 c 9 art 10 s 66; art 14 s 1; 2002 c
375 art 1 s 2-4; 2002 c 379 art 1 s 113; 2003 c 15 art 1 s 33; 2003 c 130 s 12; 1Sp2003 c 14
art 1 s 106; 2004 c 206 s 52; 2004 c 290 s 7-9; 2005 c 10 art 1 s 6; 2005 c 56 s 1; 2005 c 107
art 2 s 60; 2005 c 163 s 40; 2005 c 164 s 29; 1Sp2005 c 4 art 1 s 1; 1Sp2005 c 7 s 28; 2006 c
280 s 46; 2007 c 112 s 1,2; 2007 c 147 art 2 s 1; art 10 s 15
13.461 HUMAN SERVICES DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in this section are codified outside this
chapter. Those sections classify human services data as other than public, place restrictions on
access to government data, or involve data sharing.
    Subd. 2. Adult mental health. (a) Client consent. Consent for release of information needed
to bill the county for services provided to clients is governed by section 245.467, subdivision 5.
(b) Identity disclosure.Disclosure of the names and addresses of persons receiving mental
health services is governed by section 245.467, subdivision 6.
    Subd. 3. Child mental health. (a) Client consent. Informed written consent necessary for a
child to receive mental health services is governed by section 245.4876, subdivision 5.
(b) Identity disclosure. Disclosure of identities of children receiving mental health services
under sections 245.487 to 245.4889, and the identities of their families, is governed by section
245.4876, subdivision 7.
(c) Children's mental health collaborative. Data shared on individuals served by the
collaborative are governed by section 245.493.
    Subd. 4. 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. 5. Data collection system. Research involving effective mental health treatment
methods and access to data and other information is governed by section 245.696, subdivision 2.
    Subd. 6. Ombudsman for mental health and developmental disabilities. Access by the
ombudsman for mental health and developmental disabilities to private data on individuals is
provided under section 245.94, subdivision 1.
    Subd. 7. Application procedures. Tribal licensing agency access to criminal history data is
governed by section 245C.12.
    Subd. 7a. Background studies. Access to and sharing of data for human services background
studies under chapter 245C are governed by that chapter.
    Subd. 8. 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. 9. 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. 10. Blood test results. Blood test results obtained under sections 246.71 to 246.722
are classified under section 246.719.
    Subd. 11. Bloodborne pathogen test results. Data relating to bloodborne pathogen test
results are governed by sections 246.719 and 246.72.
    Subd. 12. Prepetition screening. Prepetition screening investigations for judicial
commitments are classified as private under section 253B.07, subdivision 1, paragraph (b).
    Subd. 13. Medical records. Access to health records of a patient being treated for a mental
illness for purposes of medication administration is governed by section 253B.0921.
    Subd. 14. Civil commitment. County attorney access to data relating to commitment of
certain persons under section 253B.185 is governed by that section.
    Subd. 15. 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. 16. 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. 17. Maltreatment review panels. Data of the vulnerable adult maltreatment review
panel or the child maltreatment review panel are classified under section 256.021 or 256.022.
    Subd. 18. State agency hearings. Disclosure of private data relating to an investigation
conducted by the agency is governed by section 256.045.
    Subd. 19. Action to recover assistance furnished. Disclosure of private data on the location
of a party to the action is governed by section 256.87.
    Subd. 20. Ombudsman for long-term care. Access to data of a state agency that is required
to fulfill the ombudsman's duties is governed by section 256.9742.
    Subd. 21. Ombudsman on aging. Data held by the ombudsman on aging are classified
under section 256.9744.
    Subd. 22. Child support. Access to information and disclosure of information collected for
purposes of child support enforcement is governed by section 256.978, subdivisions 1 and 2.
    Subd. 23. Medical assistance dental plans. Access to welfare data by dental plans contracted
to provide services under the medical assistance program is governed by section 256B.037.
    Subd. 24. 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. 25. Medical assistance enrollee safeguards. Privacy, data collection, and
confidentiality safeguards under the coordinated service delivery system are required under
section 256B.77, subdivision 9.
    Subd. 26. MinnesotaCare. Data sharing with other government agencies that is needed to
verify income for eligibility and premium payment is governed by section 256L.05.
    Subd. 27. State soldiers assistance program. Access to information for purposes of
verifying eligibility for the state soldiers assistance program is governed by section 197.065.
    Subd. 28. Child care assistance program. Data collected, maintained, used, or disseminated
by the welfare system pertaining to persons selected as legal nonlicensed child care providers by
families receiving child care assistance are classified under section 119B.02, subdivision 6.
    Subd. 29. Program services. Data on individuals receiving services under certain programs
administered by the Department of Human Services are classified under sections 256E.32,
subdivision 4
, and 256E.34, subdivision 7.
    Subd. 30. Transitional housing data. Certain data collected, used, or maintained by
the recipient of a grant to provide transitional housing are classified under section 256E.33,
subdivision 9
.
    Subd. 31. Family services collaborative. Data sharing involving family services
collaboratives is governed by section 124D.23, subdivision 5.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2000 c 422 s 2; 2000 c 451 s 2; 2000 c 465 s 1;
2000 c 468 s 17; 2001 c 178 art 2 s 1; 1Sp2001 c 9 art 11 s 1; 2002 c 379 art 1 s 2,113; 2003 c 15
art 1 s 33; 2003 c 25 s 1; 2003 c 130 s 12; 2004 c 228 art 1 s 3; 2004 c 290 s 10; 2004 c 294 art 2
s 1; 2005 c 56 s 1; 2005 c 98 art 1 s 2,24; 2007 c 13 art 3 s 5; 2007 c 147 art 7 s 75; art 8 s 38
13.462 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 government entities. 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 a government entity that are intended to
assist with the purchase, rehabilitation, or other purposes related to housing or other real property
are classified as public data on individuals. If an applicant or recipient is a corporation, the names
and addresses of the officers of the corporation are public data on individuals. If an applicant or
recipient is a partnership, the names and addresses of the partners are public data on individuals.
The amount or value of benefits, aid, or assistance received is public data.
    Subd. 3. Private data. Unless otherwise provided by law, all other benefit data are private
data on individuals, and shall not be disclosed except pursuant to court order or to an agent of
the government entity, 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.
History: 1981 c 311 s 29,39; 1982 c 545 s 24; 1984 c 436 s 12,13; 1995 c 259 art 1 s 5;
1999 c 227 s 22; 2003 c 128 art 15 s 1; 2007 c 129 s 33-35
13.465 FAMILY AND DOMESTIC RELATIONS DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 15 are codified outside
this chapter. Those sections classify domestic relations data as other than public, place restrictions
on access to government data, or involve data sharing.
    Subd. 2. 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 518A.70, and certain data on newly hired employees maintained
by the public authority for support enforcement are governed by section 256.998.
    Subd. 3. 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. 4. 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. 5. Adoption background check. Data related to background checks of prospective
adoptive parents are governed by section 259.41, subdivision 3.
    Subd. 6. Fathers' adoption registry. Data in the fathers' adoption registry are classified
under section 259.52, subdivision 4.
    Subd. 7. 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. 8. Adoption records. Various adoption records are classified under section 259.53,
subdivision 1
. Access to the original birth record of a person who has been adopted is governed
by section 259.89.
    Subd. 9. Parent education program. Certain data involving participation in a parent
education program are governed by section 518.157, subdivision 5.
    Subd. 10. Visitation dispute resolution. Certain data involving visitation dispute resolution
are governed by section 518.1751, subdivision 4a.
    Subd. 11. Child custody proceedings. Court records of child custody proceedings may be
sealed as provided in section 518.168.
    Subd. 12. Child support attorneys. Certain data provided by an applicant or recipient of
child support enforcement services are classified under section 518A.47.
    Subd. 13. Custody mediation. Child custody or visitation mediation records are classified
under section 518.619, subdivision 5.
    Subd. 14. 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. 15. Guardian or conservator; background study. Access to data for background
studies required by the court under section 524.5-118, is governed by that section.
History: 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
1,8; 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; 1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1;
1998 c 382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139
art 4 s 2; 1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 1Sp2001 c 9 art 15 s
32; 2004 c 228 art 1 s 4,5; 2005 c 164 s 29; 1Sp2005 c 7 s 28
13.467 FOSTER CARE DATA.
    Subdivision 1. General. 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.
    Subd. 2. Hennepin County foster care review team. 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.
History: 1981 c 311 s 28,39; 1982 c 545 s 24; 1999 c 227 s 22
13.468 DATA SHARING WITHIN COUNTIES.
County welfare, human services, corrections, public health, and veterans service units within
a county may inform each other as to whether an individual or family currently is being served by
the county unit, without the consent of the subject of the data. Data that may be shared are limited
to the following: the name, telephone number, and last known address of the data subject; and
the identification and contact information regarding personnel of the county unit responsible for
working with the individual or family. If further information is necessary for the county unit to
carry out its duties, each county unit may share additional data if the unit is authorized by state
statute or federal law to do so or the individual gives written, informed consent.
History: 1Sp2003 c 8 art 2 s 9

EMPLOYMENT AND TRAINING DATA

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, including those provided under the Workforce Investment Act of 1998, United
States Code, title 29, section 2801.
(b) "Employment and training service provider" means an entity certified, or seeking to be
certified, by the commissioner of employment and economic development to deliver employment
and training services under section 116J.401, subdivision 2, or an organization that contracts
with a certified entity or the Department of Employment and Economic Development to deliver
employment and training services.
(c) "Provider of training services" means an organization or entity that provides training
under the Workforce Investment Act of 1998, United States Code, title 29, section 2801.
    Subd. 2. Classification. Employment and training data are private data on individuals.
    Subd. 3. Dissemination. Employment and training data may be disseminated by employment
and training service providers:
(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;
and
(c) to the commissioner of employment and economic development.
    Subd. 4. Data preparation. To produce data required to certify the eligibility of training
service providers under the Workforce Investment Act of 1998, United States Code, title 29,
section 2801, or other studies required by law, the commissioner of employment and economic
development may enter into a data exchange agreement with a training service provider whereby
the commissioner of employment and economic development shall furnish to the provider wage
information under section 268.044 on individuals who have received training services from the
provider. The provider shall use this wage information to prepare summary data determined
necessary by the commissioner. The provider may use this wage information for conducting
studies to improve instruction.
    Subd. 5. Summary data. The commissioner of employment and economic development
shall provide the training service providers, as well as make available to the public, summary data
on the performance of the training services.
History: 1988 c 598 s 2; 1994 c 483 s 1; 1999 c 227 s 7; 2004 c 206 s 52; 2004 c 290 s 11;
2005 c 10 art 1 s 7
13.475 [Repealed, 2004 c 290 s 39]

BUSINESS ORGANIZATION AND TRADE REGULATION DATA

13.48 AWARD DATA.
    Financial data on business entities submitted to a government entity for the purpose of
presenting awards to business entities for achievements in business development or performance
are private data on individuals or nonpublic data.
History: 1991 c 319 s 7; 2007 c 129 s 36
13.485 CORPORATION DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 4 are codified outside this
chapter. Those sections classify corporation data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2.[Repealed, 2001 c 7 s 91]
    Subd. 3. Social and charitable organizations. (a) Solicitation investigations. Disclosure of
investigative information relating to charitable organizations is governed under section 309.533.
(b) Books and records. Access to books and records, including registration statements,
annual reports, and other documents of charitable organizations, is governed under section 309.54.
(c) Names of contributors. Disclosure of names of contributors to charitable organizations
is governed under section 309.55.
(d) Reciprocal agreements; exchange of information. Interstate sharing of charitable
contribution information is authorized under section 309.60.
    Subd. 4. Professional corporations or firms. Access to records of a professional firm held
by a licensing board under section 319B.11 is governed by that section.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
13.487 TRADE REGULATION AND CONSUMER DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 and 3 are codified outside
this chapter. Those sections classify trade regulation and consumer protection data as other than
public, place restrictions on access to government data, or involve data sharing.
    Subd. 2. Motor vehicles; informal dispute settlement mechanism. Disclosure of data
relating to informal dispute settlement mechanisms is governed by section 325F.665, subdivision
12
.
    Subd. 3. Data on videotape consumers. Personally identifiable information on videotape
consumers received by law enforcement agencies is classified under section 325I.02, subdivision
2
.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2

TAXATION AND ASSESSMENT DATA

13.49 [Renumbered 13.355]
13.491 [Renumbered 13.201; 13.72, subd 9]
13.495 LODGING TAX DATA.
Data, other than basic taxpayer identification data, collected from taxpayers under a lodging
tax ordinance are nonpublic.
History: 1990 c 573 s 8; 1999 c 227 s 22
13.4961 GENERAL TAX DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 and 3 are codified outside
this chapter. Those sections classify tax data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. Revenue Department. (a) Revenue Department access to criminal justice data
communications network. Access to the criminal justice data communications network by
designated employees of the Revenue Department is governed under section 270C.05.
(b) Criminal tax investigations. Disclosure of Revenue Department information to
prosecuting attorneys in criminal tax investigations is governed under section 270C.055,
subdivision 1
.
(c) Equalization real property tax hearing. Access to commissioner of revenue data,
records, and files regarding real property, which is the subject of a hearing, by municipalities
participating in the hearing, is governed under section 270C.923.
    Subd. 3. Revenue Recapture Act. Data maintained by the commissioner of revenue under
the Revenue Recapture Act are classified under section 270A.11.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2005 c 151 art 2 s 17
13.4963 CLASSIFICATION AND DISCLOSURE TAX DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 18 are codified outside
this chapter. Those sections classify tax data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. Generally. Classification and disclosure of tax data created, collected, or maintained
by the Department of Revenue under section 273.1315, chapter 115B, 289A (except for taxes
imposed under sections 298.01, 298.015, and 298.24), 290, 290A, 291, 295, 297A, or 297H, or
any similar Indian tribal tax administered by the commissioner according to a tax agreement
between the state and an Indian tribal government are governed by chapter 270B.
    Subd. 3. Data subjects. Disclosure of tax return information to defined data subjects is
governed under section 270B.03.
    Subd. 4. Statistical data. Disclosure of tax statistical data to specified parties is governed
under section 270B.04.
    Subd. 5. Tax proceeding. Disclosure of tax return information in a judicial or administrative
proceeding pertaining to or relating to tax administration is governed under section 270B.05.
    Subd. 6. Investigations. Disclosure of tax return information for investigative purposes is
governed under section 270B.06.
    Subd. 7. Licensing authorities. Disclosure of tax return information to licensing authorities
of the state, political subdivisions, and certain boards, to the extent necessary to enforce license
clearance programs, is governed under section 270B.07.
    Subd. 8. Sales tax permits. Disclosure of information regarding the issuance of sales tax
permits to retailers is governed under section 270B.08.
    Subd. 9. Sales tax exemption certificates. Disclosure of information regarding issuance of
sales tax exemption certificates is governed under section 270B.081.
    Subd. 10. Collection actions. Disclosure of information regarding collection actions
following execution of writs of entry are governed under section 270B.085.
    Subd. 11. Contracts with state or political subdivision. Disclosure to state agencies or
political subdivisions regarding vendor uncontested delinquent tax liabilities is governed under
section 270B.09.
    Subd. 12. Disclosure to locate taxpayers owed refunds. Disclosure of lists of names of
persons owed tax refunds to newspapers or other media is governed under section 270B.11.
    Subd. 13. State, federal, and county taxing authorities. Disclosure of tax return
information to governmental taxing authorities is governed under section 270B.12.
    Subd. 14. Access to data by vendors performing services. Access to classified tax data for
certain vendors performing services for the Department of Revenue is governed under section
270B.13.
    Subd. 15. Disclosure for purposes other than tax administration. Disclosure of tax return
information to governmental entities for purposes other than tax administration is governed
under section 270B.14.
    Subd. 16. Legislative auditor. Disclosure of tax return information to the legislative auditor
is governed under section 270B.15.
    Subd. 17. Discovery or subpoena. Disclosure of tax data by discovery or subpoena is
governed under section 270B.16.
    Subd. 18. Data on mine value of ore. Data regarding value of mine ore for tax purposes are
governed under section 270B.161.
History: 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
1,8; 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; 1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1;
1998 c 382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139
art 4 s 2; 1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2002 c 379 art 1 s 3;
2003 c 2 art 1 s 3; 2004 c 228 art 1 s 7; 2005 c 10 art 1 s 8
13.4965 PROPERTY TAX DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 4 are codified outside
this chapter. Those sections classify tax data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. Certificate of value. Data in a real estate certificate of value filed with the county
auditor are classified under section 272.115, subdivision 1.
    Subd. 2a. Uniform assessment data. Data on property shared to promote uniform
assessment is governed by section 273.061, subdivision 8a.
    Subd. 3. Homestead applications. The classification and disclosure of certain information
collected to determine homestead classification are governed by section 273.124, subdivision 13.
    Subd. 4. Assessor's records. Disclosure of assessor's real estate tax records for litigation
purposes is governed under section 278.05.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2004 c 228 art 1 s 8
13.4967 OTHER TAX DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 7 are codified outside
this chapter. Those sections classify tax data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. Political contribution refund. Certain political contribution refund data in the
Revenue Department are classified under section 290.06, subdivision 23.
    Subd. 2a. Assignment of refund. Data regarding assignment of individual income tax
refunds is classified by section 290.0679, subdivision 9.
    Subd. 2b. Sustainable forest incentive. Data collected under section 290C.04 are classified
and may be shared as provided in paragraph (d) of that section.
    Subd. 3. Hospital and health care provider tax. Certain patient data provided to the
Department of Revenue under sections 295.50 to 295.59 are classified under section 295.57,
subdivision 2
.
    Subd. 4. Motor vehicle registrar data. Disclosure of certain information obtained by motor
vehicle registrars is governed by section 297B.12.
    Subd. 5. Marijuana and controlled substance tax information. Disclosure of information
obtained under chapter 297D is governed by section 297D.13, subdivisions 1 to 3.
    Subd. 6. Gambling taxes. (a) Administration of taxes. Records concerning administration
of gambling taxes are classified under section 297E.02, subdivision 9.
(b) Sports bookmaking tax. Disclosure of facts contained in a sports bookmaking tax return
is prohibited by section 297E.03, subdivision 8.
    Subd. 7. 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
.
History: 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 1,8; 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; 1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373
s 1; 1998 c 382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c
139 art 4 s 2; 1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2002 c 379 art 1
s 4; 2003 c 2 art 3 s 3; 2004 c 228 art 1 s 9
13.50 [Renumbered 13.44, subd 3]
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;
(b) average vacancy factors;
(c) verified net rentable areas or net usable areas, whichever is appropriate;
(d) anticipated income and expenses;
(e) projected vacancy factors; 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 class 4d under section
273.126 and 273.13, is private data on individuals as defined in section 13.02, subdivision 12.
    Subd. 4. Request for legal discovery of income property assessment data. Upon
request by a party to a responsible authority or designee for legal discovery of income property
assessment data, as defined in subdivision 2, the requesting party shall notify the owner of record
of the property.
History: 1981 c 311 s 30,39; 1982 c 545 s 15,24; 1991 c 291 art 1 s 1,2; 2001 c 7 s 5;
2004 c 290 s 12,13
13.511 [Renumbered 13.495]
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.
History: 1980 c 603 s 16; 1981 c 311 s 39; 1982 c 545 s 24
13.521 [Renumbered 13.72, subd 10]
13.528 [Renumbered 13.467, subd 2]
13.53 [Renumbered 13.467, subdivision 1]
13.531 [Renumbered 13.643, subd 2]
13.54 [Renumbered 13.585]
13.5401 [Renumbered 13.586]
13.541 [Renumbered 13.587]

FACILITY, EVENT, AND RECREATIONAL DATA

13.548 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.
History: 1981 c 311 s 21,39; 1982 c 545 s 24; 1994 c 618 art 1 s 13; 1999 c 227 s 22
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.
    Subd. 4. City of St. Paul data. (a) For purposes of this subdivision, "nonprofit organization"
means the nonprofit organization with which the city of St. Paul contracts to market and promote
the city as a tourist or convention center.
(b) Data collected, received, created, or maintained by the nonprofit organization in the
course of preparing or submitting any responses to requests for proposals or requests for bids
relating to events hosted, conducted, or sponsored by the nonprofit organization is classified as
nonpublic data under section 13.02, subdivision 9; or private data under section 13.02, subdivision
12
, until the time provided in subdivision 2, paragraph (a) or (b). The nonprofit organization is a
"civic center authority" for purposes of this section.
History: 1981 c 311 s 39; 1982 c 545 s 19,24; 1991 c 319 s 8; 2005 c 152 art 1 s 1
13.551 [Renumbered 13.592 and 13.593]

HUMAN RIGHTS DATA

13.552 HUMAN RIGHTS DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 6 are codified outside
this chapter. Those sections classify human rights data as other than public, place restrictions on
access to government data, or involve data sharing.
    Subd. 2. Data of a political subdivision; investigative 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 363A.
    Subd. 3. Data provided under subpoena. Data supplied by a government entity pursuant
to a subpoena issued by the commissioner of human rights is governed by section 363A.06,
subdivision 2
.
    Subd. 4. 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 363A.06, subdivision 4.
    Subd. 5. Access to documents. Access to a copy of the charge and the respondent's answer
to the charge is governed by section 363A.28, subdivision 9.
    Subd. 6. Access to case files. Access to Human Rights Department investigative data by
persons other than department employees is governed by section 363A.35.
History: 1989 c 351 s 7; 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 1,8; 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; 1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1;
1998 c 382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4
s 2; 1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2007 c 129 s 37
13.56 [Renumbered 13.822]
13.57 [Renumbered 13.548]
13.58 [Repealed, 1987 c 268 art 6 s 53]

HOUSING, DEVELOPMENT, AND BUSINESS DATA

13.585 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
eviction 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 class 4d under sections
273.126 and 273.13, 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 4d.
    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;
(C) is a person required to register under section 243.166 and is not residing at the address at
which the person is registered under section 243.166; or
(D) 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.
History: 1981 c 311 s 32,39; 1982 c 545 s 24; 1991 c 291 art 1 s 3; 1Sp1997 c 3 s 6; 1999 c
227 s 22; 2000 c 311 art 6 s 2; 2001 c 7 s 6; 2003 c 2 art 2 s 1
13.586 HOUSING AGENCY DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The section referred to in subdivision 2 is codified outside this chapter.
That section classifies housing agency data as other than public.
    Subd. 2. Housing Finance Agency; financial data. Financial information regarding a
Housing Finance Agency loan or grant recipient is classified under section 462A.065.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
13.587 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.
History: 1Sp1997 c 3 s 7; 1999 c 227 s 22
13.59 HOUSING AND REDEVELOPMENT DATA.
    Subdivision 1. Private survey 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 survey 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.
    Subd. 3. Financial assistance data. (a) The following data that are submitted to a housing
and redevelopment authority by persons who are requesting financial assistance are private data
on individuals or nonpublic data:
(1) financial statements;
(2) credit reports;
(3) business plans;
(4) income and expense projections;
(5) customer lists;
(6) balance sheets;
(7) income tax returns; and
(8) design, market, and feasibility studies not paid for with public funds.
(b) Data submitted to the authority under paragraph (a) become public data if the authority
provides financial assistance to the person, except that the following data remain private or
nonpublic:
(1) business plans;
(2) income and expense projections not related to the financial assistance provided;
(3) customer lists;
(4) income tax returns; and
(5) design, market, and feasibility studies not paid for with public funds.
    Subd. 4. Definition. For purposes of this section, "housing and redevelopment authority" has
the meaning given in section 469.002, subdivision 2, and includes a government entity exercising
powers under sections 469.001 to 469.047.
History: 1984 c 436 s 26; 1999 c 227 s 22; 2001 c 202 s 6
13.591 BUSINESS DATA.
    Subdivision 1. Not public data when benefit requested. The following data, that are
submitted to a government entity by a business requesting financial assistance or a benefit
financed by public funds, are private or nonpublic data: financial information about the business,
including credit reports; financial statements; net worth calculations; business plans; income and
expense projections; balance sheets; customer lists; income tax returns; and design, market, and
feasibility studies not paid for with public funds.
    Subd. 2. Public data when benefit received. Data submitted to a government entity under
subdivision 1 become public when public financial assistance is provided or the business receives
a benefit from the government entity, except that the following data remain private or nonpublic:
business plans; income and expense projections not related to the financial assistance provided;
customer lists; income tax returns; and design, market, and feasibility studies not paid for with
public funds.
    Subd. 3. Business as vendor. (a) Data submitted by a business to a government entity in
response to a request for bids as defined in section 16C.02, subdivision 11, are private or nonpublic
until the bids are opened. Once the bids are opened, the name of the bidder and the dollar amount
specified in the response are read and become public. All other data in a bidder's response to a
bid are private or nonpublic data until completion of the selection process. For purposes of this
section, "completion of the selection process" means that the government entity has completed its
evaluation and has ranked the responses. After a government entity has completed the selection
process, all remaining data submitted by all bidders are public with the exception of trade secret
data as defined and classified in section 13.37. A statement by a bidder that submitted data are
copyrighted or otherwise protected does not prevent public access to the data contained in the bid.
If all responses to a request for bids are rejected prior to completion of the selection process,
all data, other than that made public at the bid opening, remain private or nonpublic until a
resolicitation of bids results in completion of the selection process or a determination is made to
abandon the purchase. If the rejection occurs after the completion of the selection process, the
data remain public. If a resolicitation of bids does not occur within one year of the bid opening
date, the remaining data become public.
(b) Data submitted by a business to a government entity in response to a request for proposal,
as defined in section 16C.02, subdivision 12, are private or nonpublic until the responses are
opened. Once the responses are opened, the name of the responder is read and becomes public. All
other data in a responder's response to a request for proposal are private or nonpublic data until
completion of the evaluation process. For purposes of this section, "completion of the evaluation
process" means that the government entity has completed negotiating the contract with the
selected vendor. After a government entity has completed the evaluation process, all remaining
data submitted by all responders are public with the exception of trade secret data as defined and
classified in section 13.37. A statement by a responder that submitted data are copyrighted or
otherwise protected does not prevent public access to the data contained in the response.
If all responses to a request for proposal are rejected prior to completion of the evaluation
process, all data, other than that made public at the response opening, remain private or nonpublic
until a resolicitation of the requests for proposal results in completion of the evaluation process
or a determination is made to abandon the purchase. If the rejection occurs after the completion
of the evaluation process, the data remain public. If a resolicitation of proposals does not occur
within one year of the proposal opening date, the remaining data become public.
    Subd. 4. Classification of evaluative data; data sharing. (a) Data created or maintained by
a government entity as part of the selection or evaluation process referred to in this section are
protected nonpublic data until completion of the selection process or completion of the evaluation
process at which time the data are public with the exception of trade secret data as defined and
classified in section 13.37.
    (b) If a government entity asks employees of other government entities to assist with the
selection of the responses to a request for bid or the evaluation of responses to a request for
proposal, the government entity may share not public data in the responses with those employees.
The employees participating in the selection or evaluation may not further disseminate the not
public data they review.
    Subd. 5. Internal competitive response. (a) For purposes of this subdivision, "internal
competitive response" means a bid or proposal to provide government goods or services that is
prepared by the staff of a government entity in competition with bids or proposals solicited
by (1) the same government entity from the private sector or (2) a different government entity
from the private sector.
(b) Data in an internal competitive response is classified as private or nonpublic until
completion of the selection process or completion of the evaluation process at which time the data
are public with the exception of trade secret data as defined and classified in section 13.37.
History: 2001 c 202 s 7; 2005 c 163 s 41,42; 2007 c 129 s 38
13.592 [Repealed, 2001 c 202 s 21]
13.5921 [Repealed, 2001 c 202 s 21]
13.5922 [Repealed, 2001 c 202 s 21]
13.593 [Repealed, 2001 c 202 s 21]
13.594 [Repealed, 2001 c 202 s 21]
13.5951 [Repealed, 2001 c 202 s 21]
13.5952 [Repealed, 2001 c 202 s 21]
13.5953 [Repealed, 2001 c 202 s 21]
13.596 [Repealed, 2001 c 202 s 21]
13.5965 [Repealed, 2001 c 202 s 21]
13.598 EMPLOYMENT AND ECONOMIC DEVELOPMENT DATA CODED
ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2a to 12 are codified outside
this chapter and include classification of employment and economic development data as other
than public, place restrictions on access to government data, or involve data sharing.
    Subd. 2.[Repealed, 2003 c 128 art 13 s 40]
    Subd. 2a. Commissioner of employment and economic development. Data maintained
by the commissioner of employment and economic development are classified under sections
268.19 and 469.154, subdivision 2.
    Subd. 3. 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. 4. Aircraft facilities. 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. 5. Minnesota Business Finance, Inc. Various data held by Minnesota Business
Finance, Inc. are classified under section 116S.02, subdivision 8.
    Subd. 6. Local economic development data. (a) Preliminary information. Access
to preliminary information submitted to the commissioner of employment 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.
(b) Enterprise zones. Data sharing between the commissioner of revenue and the
commissioner of employment and economic development or a municipality receiving an
enterprise zone designation is governed by section 469.173, subdivision 5.
(c) Tax incentives. Disclosure of data by the Department of Revenue to determine eligibility
for tax incentives available under section 272.0212, 469.1732, or 469.1734, is governed by
section 469.1733, subdivision 1.
    Subd. 7. Program data. Program data collected on individuals are classified by section
116J.401, subdivision 3.
    Subd. 8. Unemployment insurance hearings. Disclosure of unemployment insurance
hearing data is governed by section 268.105, subdivision 5.
    Subd. 9. Minnesota youth program. Data on individuals under the Minnesota youth
program are classified under section 116L.561, subdivision 7.
    Subd. 10. Employment and training programs; data sharing. Data sharing of employment
and training program data between the commissioner of employment and economic development,
the commissioner of human services, state agency personnel, and other users of the inventory,
referral and intake system, is governed by section 116L.86, subdivision 3.
    Subd. 11. Vocational rehabilitation data. Disclosure of data obtained by the Department of
Employment and Economic Development regarding the vocational rehabilitation of an injured or
disabled employee is governed by section 268A.05.
    Subd. 12. Employer data. The department may disseminate an employer's name, address,
industry code, and the number of employees by ranges of not less than 100 for the purpose of
assisting individuals using the Minnesota Workforce Center system in obtaining employment.
History: 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 1,8; 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; 1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373
s 1; 1998 c 382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c
139 art 4 s 2; 1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2000 c 260 s 5;
1Sp2003 c 4 s 1; 2004 c 206 s 52; 2004 c 290 s 14
13.599 GRANTS.
    Subdivision 1. Definitions. For purposes of this section, the following terms have the
meanings given them.
    (a) "Completion of the evaluation process" means that the granting agency has completed
negotiating the grant agreement with the selected grantee.
    (b) "Grant agreement" has the meaning given in section 16B.97, subdivision 1.
    (c) "Grantee" means a person that applies for or receives a grant.
    (d) "Granting agency" means the state agency that provides the grant.
    (e) "Opened" means the act that occurs once the deadline for submitting a response to a
proposal to the granting agency has been reached.
    (f) "Request for proposal" means the data outlining the responsibilities the granting agency
wants the grantee to assume.
    (g) "Response" means the data submitted by a grantee as required by a request for proposal.
    Subd. 2. Request for applications. Data created by a granting agency to create a request for
proposal is classified as nonpublic until the request for proposal is published. To the extent that a
granting agency involves persons outside the granting agency to create the request for proposal,
the data remain nonpublic in the hands of all persons who may not further disseminate any data
that are created or reviewed as part of the request for proposal development. At publication,
the data in the request for proposal is public.
    Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee are
private or nonpublic until the responses are opened. Once the responses are opened, the name and
address of the grantee and the amount requested is public. All other data in a response is private or
nonpublic data until completion of the evaluation process. After a granting agency has completed
the evaluation process, all remaining data in the responses is public with the exception of trade
secret data as defined and classified in section 13.37. A statement by a grantee that the response is
copyrighted or otherwise protected does not prevent public access to the response.
    (b) If all responses are rejected prior to completion of the evaluation process, all data,
other than that made public at the opening, remain private or nonpublic until a resolicitation of
proposals results in completion of the evaluation process or a determination is made to abandon
the grant. If the rejection occurs after the completion of the evaluation process, the data remain
public. If a resolicitation of proposals does not occur within one year of the grant opening date,
the remaining data become public.
    Subd. 4. Evaluation data. (a) Data created or maintained by a granting agency as part of
the evaluation process referred to in this section are protected nonpublic data until completion
of the evaluation process at which time the data are public with the exception of trade secret
data as defined and classified in section 13.37.
    (b) If a granting agency asks individuals outside the granting agency to assist with the
evaluation of the responses, the granting agency may share not public data in the responses with
those individuals. The individuals participating in the evaluation may not further disseminate the
not public data they review.
History: 2007 c 148 art 2 s 8
13.60 [Renumbered 13.601, subdivision 1]

ELECTED AND APPOINTED OFFICIALS; LEGISLATIVE DATA

13.601 ELECTED AND APPOINTED OFFICIALS.
    Subdivision 1. 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.
    Subd. 2. Correspondence. Correspondence between individuals and elected officials is
private data on individuals, but may be made public by either the sender or the recipient.
    Subd. 3. Applicants for election or appointment. The following data on all applicants for
election or appointment to a public body, including those subject to chapter 13D, are public:
name, city of residence, education and training, employment history, volunteer work, awards and
honors, and prior government service or experience.
History: 1979 c 328 s 22; 1981 c 311 s 39; 1982 c 545 s 24; 1984 c 436 s 27; 1999 c
227 s 22; 2005 c 163 s 43
13.602 ELECTED AND APPOINTED OFFICIAL DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivision 2 are codified outside this
chapter. Those sections classify elected and appointed official data as other than public, place
restrictions on access to government data, or involve data sharing.
    Subd. 2. State auditor data. (a) Public accountants. Data sharing between the state auditor
and public accountants is governed by section 6.69, subdivision 1.
(b) Audit data. Data relating to an audit under chapter 6 are classified under section 6.715.
(c) Local records. Data sharing between the state auditor and legislative auditor of
information collected from local governments is governed by section 6.74.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
13.605 LEGISLATIVE DATA.
    Subdivision 1. Legislative and budget proposal data. (a) 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.
(b) 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.
    Subd. 2. 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.
History: 1985 c 298 s 26; 1995 c 259 art 1 s 16; 1999 c 227 s 22
13.606 LEGISLATIVE DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 5 are codified outside this
chapter. Those sections classify legislative data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. Legislative Coordinating Commission. Sharing of data with the Legislative
Coordinating Commission is governed by section 3.885, subdivision 4.
    Subd. 3. Council on Black Minnesotans. Data sharing between the commissioner of human
services and the Council on Black Minnesotans is governed by section 3.9225, subdivision 3,
paragraph (j).
    Subd. 4. Legislative audit data. Data relating to an audit performed under sections 3.97,
3.971, and 3.979 are governed by section 3.979.
    Subd. 5. Revisor of statutes. Disclosure of data relating to drafting services provided by the
revisor of statutes is governed by section 3C.05, subdivision 1, paragraph (a).
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2

ETHICS AND ELECTION DATA

13.607 ETHICS AND ELECTION DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 7 are codified outside this
chapter. Those sections classify campaign, ethics, and election data as other than public, place
restrictions on access to government data, or involve data sharing.
    Subd. 2. 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. 3. 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. 4. 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. 5. Statements of economic interest. Disclosure of statements of economic interest
filed by local officials is governed by section 10A.09, subdivision 6a.
    Subd. 6. Registered voter lists. Access to registered voter lists is governed by section
201.091.
    Subd. 7. Absentee ballots. Disclosure of names of voters submitting absentee ballots is
governed by section 203B.12, subdivision 7.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
13.61 [Renumbered 13.714]
13.612 [Renumbered 13.685]
13.62 [Renumbered 13.594]
13.621 [Renumbered 13.5951]
13.622 [Renumbered 13.5952]

RETIREMENT DATA

13.63 RETIREMENT DATA.
    Subdivision 1. Minneapolis Employees Retirement Fund data. (a) 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.
(b) Limits on disclosure. Required disclosure of data about members, survivors, and
beneficiaries is limited to name, gross pension, and type of benefit awarded.
    Subd. 2. Teachers Retirement Association data. The following data on beneficiaries and
survivors of Teachers Retirement Association members are considered private data on individuals:
(1) address;
(2) birth date;
(3) direct deposit account number; and
(4) tax withholding data.
    Subd. 3. 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.
History: 1987 c 284 art 1 s 3; 1987 c 351 s 15; 1993 c 351 s 11; 1999 c 227 s 22
13.631 RETIREMENT DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The section referred to in subdivision 2 is codified outside this chapter.
That section governs the disclosure of retirement data.
    Subd. 2. Retirement systems, generally; marriage dissolution; access to data. Access to
and disclosure of retirement data, in the event of marriage dissolution, is governed by section
356.49.
History: 1999 c 227 s 22; 2002 c 392 art 1 s 52
13.632 TEACHERS RETIREMENT FUND ASSOCIATION DATA; CERTAIN CITIES.
    Subdivision 1. Beneficiary and survivor data. The following data on beneficiaries and
survivors of the St. Paul Teachers Retirement Fund Association and the Duluth Teachers
Retirement Fund Association members are private data on individuals: home address, date of
birth, direct deposit number, and tax withholding data.
    Subd. 2. Limits on disclosure. Required disclosure of data about members, survivors, and
beneficiaries is limited to name, gross annuity or benefit amount, and type of annuity or benefit
awarded.
History: 1Sp2001 c 10 art 3 s 3; 2007 c 13 art 1 s 2; 2007 c 134 art 1 s 2

STATE AGENCY DATA

13.635 GENERAL STATE AGENCY DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 4 are codified outside this
chapter. Those sections classify state agency data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 1a. State Board of Investment. Certain government data of the State Board of
Investment related to investments are classified under section 11A.24, subdivision 6.
    Subd. 2. Official records; generally. Access to government data kept pursuant to section
15.17 is governed by sections 13.03 and 138.17.
    Subd. 3. Commissioners of finance and administration. Access to government data of
all state departments and agencies by the commissioner of finance and the commissioner of
administration is governed by section 15.08.
    Subd. 4. Capitol Area Architectural and Planning Board. Disclosure of data to the
Capitol Area Architectural and Planning Board's advisory committee is governed by section
15B.11, subdivision 3.
History: 1999 c 227 s 22; 2003 c 17 s 2; 2005 c 156 art 2 s 8; 2005 c 163 s 44

ADMINISTRATION AND FINANCE DATA

13.64 DEPARTMENT OF ADMINISTRATION DATA.
(a) 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.
(b) 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.
(c) Data on individuals that could reasonably be used to determine the identity of an
individual supplying data for a report are private if:
(1) the data supplied by the individual were needed for a report; and
(2) 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, or the Management
Analysis Division reasonably believes that the individual would not have provided the data.
History: 1984 c 436 s 28; 1986 c 444; 1989 c 351 s 8; 2001 c 162 s 1
13.6401 ADMINISTRATION AND FINANCE DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 6 are codified outside
this chapter. Those sections classify administration and finance data as other than public, place
restrictions on access to government data, or involve data sharing.
    Subd. 2. Department of finance. (a) Financial documents. Data sharing of financial
documents between agencies and the commissioner of finance is governed by section 16A.055.
(b) Electronic payments. Data relating to government services transactions is governed
by section 16A.626.
(c) 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. 3.[Repealed, 2002 c 298 s 8]
    Subd. 4.[Repealed, 1Sp2003 c 8 art 2 s 20]
    Subd. 5. State debt collection; data. Data on debtors received, collected, created, or
maintained by the commissioner of finance are classified under section 16D.06.
    Subd. 6. Office of Enterprise Technology. (a) Business data. Data submitted to the Office
of Enterprise Technology by businesses are governed by section 16E.06.
(b) North Star. Data sharing involving North Star, the state's comprehensive government
online information service, is governed by section 16E.07, subdivisions 2 and 3.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2005 c 156 art 5 s 23
13.641 [Repealed, 1990 c 573 s 23]
13.642 [Renumbered 13.63, subd 2]

AGRICULTURAL DATA

13.643 AGRICULTURAL DATA.
    Subdivision 1. Department of Agriculture data. (a) 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.
(b) 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.
    Subd. 2. 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.
    Subd. 3. 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.
    Subd. 4.[Repealed, 2001 c 202 s 21]
    Subd. 5. Data received from federal government. All data received by the Department
of Agriculture from the United States Department of Health and Human Services, the Food and
Drug Administration, and the Agriculture, Food Safety, and Inspection Service that is necessary
for the purpose of carrying out the Department of Agriculture's statutory food safety regulatory
and enforcement duties are classified as nonpublic data under section 13.02, subdivision 9, and
private data on individuals under section 13.02, subdivision 12. This section does not preclude
the obligation of the Department of Agriculture to appropriately inform consumers of issues that
could affect public health.
    Subd. 6. Animal trace-back data. (a) The following data collected and maintained by the
Board of Animal Health related to registration and identification of premises and animals under
chapter 35, are classified as private or nonpublic:
(1) the names and addresses;
(2) the location of the premises where animals are kept; and
(3) the identification number of the premises or the animal.
(b) The Board of Animal Health may disclose data collected under paragraph (a) to any
person, agency, or to the public if the board determines that the access will aid in the law
enforcement process or the protection of public or animal health or safety.
History: 1985 c 298 s 27; 1987 c 351 s 13; 1990 c 573 s 10; 1991 c 309 s 1; 1993 c 351 s
12; 1999 c 227 s 22; 1Sp2003 c 8 art 2 s 10; 2005 c 163 s 45
13.6435 AGRICULTURAL DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 12 are codified outside
this chapter. Those sections classify agricultural data as other than public, place restrictions on
access to government data, or involve data sharing.
    Subd. 2. Department of agriculture. (a) 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.
(b) Aquaculture data. Data on aquatic farming held by the Pollution Control Agency
are classified under section 17.498.
(c) Aquatic farm license. Data, kept by licensees, on the operation of an aquatic farm are
governed by section 17.4984, subdivision 7.
(d) 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.
(e) Agricultural producer association and commodity handlers. Access to data filed with
the commissioner of agriculture by agricultural producer associations and agricultural commodity
handlers is governed by section 17.694, subdivision 1.
    Subd. 3. Pesticide control. (a) Registration. Disclosure of data relating to pesticide
registration is governed by section 18B.26, subdivision 3, paragraph (c).
(b) 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. 4. Agricultural applications; protection of trade secrets. Treatment of data
submitted to the commissioner of agriculture for the purpose of substantiating claims made by a
product under section 18C.401 is governed by section 18C.405.
    Subd. 5. Wholesale produce dealers. Financial data submitted by a license applicant are
classified under section 27.04, subdivision 2.
    Subd. 6. 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. 7.[Repealed, 1Sp2001 c 2 s 162]
    Subd. 8. Dairy products. 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. Farm products; 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. 12. Farmer-lender mediation. Data on debtors and creditors under the Farmer-Lender
Mediation Act are classified under section 583.29.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 1Sp2001 c 2 s 17
13.644 [Repealed, 1993 c 351 s 41]
13.645 [Renumbered 13.643, subd 3]
13.646 [Renumbered 13.605, subdivision 1]

ATTORNEY GENERAL

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
.
History: 1981 c 311 s 35,39; 1982 c 545 s 24; 1985 c 298 s 20
13.66 [Renumbered 13.855, subds 1-3]

EMPLOYEE RELATIONS DATA

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.
History: 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
13.6705 EMPLOYEE RELATIONS DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivision 2 are codified outside this
chapter. Those sections classify employee relations data as other than public, place restrictions on
access to government data, or involve data sharing.
    Subd. 2. Department of employee relations. (a) Personnel data. The commissioner of
employee relation's access to personnel data is governed by section 43A.04.
(b) Code of ethics; confidential data. Use and disclosure of confidential data by employees
in the executive branch are governed by section 43A.38, subdivision 3.
History: 1999 c 227 s 22
13.671 [Renumbered 13.5953]

ENERGY AND UTILITIES DATA

13.679 PUBLIC UTILITY DATA.
    Subdivision 1. Tenant. Data collected by the commissioner of commerce 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 commissioner of commerce 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 commissioner of commerce 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.
History: 1987 c 351 s 16; 1993 c 351 s 13; 1999 c 227 s 22; 1Sp2001 c 4 art 6 s 3
13.68 ENERGY AND FINANCIAL DATA AND STATISTICS.
    Subdivision 1. Nonpublic data. Energy and financial data, statistics, and information
furnished to the commissioner of commerce 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 commerce 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.
History: 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; 1Sp2001 c 4
art 6 s 77
13.681 ENERGY AND UTILITIES DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 4 are codified outside
this chapter. Those sections classify certain energy or utility data as other than public, place
restrictions on access to government data, or involve data sharing.
    Subd. 2. Energy forecasts, statistics. Certain energy data maintained by the commissioner
of commerce are classified under section 216C.17, subdivision 4.
    Subd. 3. Energy audit of residential or commercial building. Certain data gathered about
consumer comments on state programs of energy audits of residential and commercial buildings
may be shared under section 216C.31.
    Subd. 4. Energy conservation investment loan. Data contained in applications for energy
conservation investment loans, including supporting technical documentation, are governed
by section 216C.37, subdivisions 3a and 3b.
    Subd. 5. Energy programs. Treatment of data on individuals applying for benefits or
services under energy programs is governed by section 216C.266.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 1Sp2001 c 4 art 6 s 77; 2005 c 97 art 4 s 1
13.685 MUNICIPAL UTILITY CUSTOMER DATA.
Data on customers of municipal electric utilities are private data on individuals or nonpublic
data, but may be released to:
(1) a law enforcement agency that requests access to the data in connection with an
investigation;
(2) a school for purposes of compiling pupil census data;
(3) the Metropolitan Council for use in studies or analyses required by law;
(4) a public child support authority for purposes of establishing or enforcing child support; or
(5) a person where use of the data directly advances the general welfare, health, or safety
of the public; the commissioner of administration may issue advisory opinions construing this
clause pursuant to section 13.072.
History: 1999 c 227 s 9,22

PUBLIC SAFETY DATA

13.69 PUBLIC SAFETY DEPARTMENT 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 disabled 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, the Department of Labor and Industry for purposes of workers' compensation
administration and enforcement, and the Department of Natural Resources for purposes of license
application administration; and
(4) data on persons listed as standby or temporary custodians 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.
The department may release the Social Security number only as provided in clause (3) and
must not sell or otherwise provide individual Social Security numbers or lists of Social Security
numbers for any other purpose.
(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]
History: 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; 1999 c 227 s 22; 1Sp2003 c 14 art 10 s 1;
2005 c 56 s 1
13.6905 PUBLIC SAFETY DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 32 are codified outside
this chapter. Those sections classify Department of Public Safety data as other than public, place
restrictions on access to government data, or involve data sharing.
    Subd. 2. Vehicle registration application data. Certain information provided in applications
for motor vehicle registrations is governed under section 168.10, subdivision 1.
    Subd. 3. Motor vehicle registration. Various data on motor vehicle registrations are
classified under sections 168.327, subdivision 3, and 168.346.
    Subd. 4. Accident report. Release of accident reports provided to the Department of Public
Safety under section 169.09 is governed by section 169.09, subdivision 13.
    Subd. 5. Chemical use assessment. A report of an assessment conducted in connection with
a conviction for driving while intoxicated is governed by section 169A.70, subdivisions 3 and 4.
    Subd. 6. Driver's license cancellations. Access to data on individuals whose driver's
licenses have been canceled is governed by section 171.043.
    Subd. 7. Driver's license photograph or image. Photographs or electronically produced
images taken by the commissioner of public safety for drivers' licenses are classified under
section 171.07, subdivision 1a.
    Subd. 8. Driver's license photograph; exceptions. Allowing headwear in a driver's license
photograph or allowing driver's license identification other than a photograph, under certain
circumstances, are governed under section 171.071.
    Subd. 9. Driver's alcohol concentration. Data on the alcohol concentration of a driver
whose driver's license is revoked or suspended are classified under section 171.12, subdivision 2a.
    Subd. 10. Driver's 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. 11. Driver's license cancellation due to blindness. Data on a visual examination
performed for purposes of driver's license cancellation are classified under section 171.32,
subdivision 3
.
    Subd. 12. Criminal alert network. Data on private sector members of the criminal alert
network are classified under section 299A.61, subdivision 2.
    Subd. 13. Undercover buy fund. Records relating to applications for grants under section
299C.065 are classified under section 299C.065, subdivision 4.
    Subd. 14. Criminal gang investigative data system. Data in the criminal gang investigative
data system are classified in section 299C.091.
    Subd. 15. Registered predatory offenders. Data maintained relating to predatory offenders
are governed by section 299C.093.
    Subd. 16. Juvenile history data. Data maintained by the Bureau of Criminal Apprehension
in the juvenile history record system are governed by section 299C.095.
    Subd. 17. DNA evidence. DNA identification data maintained by the Bureau of Criminal
Apprehension are governed by sections 299C.11 and 299C.155.
    Subd. 17a. CIBRS data. Data relating to the Comprehensive Incident Based Reporting
System are governed by section 299C.40.
    Subd. 18. Criminal justice information network. Data collected by the criminal justice
data communications network are classified under section 299C.46, subdivision 5.
    Subd. 19. Access to criminal justice database. Access by criminal justice agencies to the
criminal justice data communications network maintained by the Department of Public Safety is
governed by section 299C.48.
    Subd. 20. Missing children. Identifying information on missing children is governed under
sections 299C.53 and 299C.56.
    Subd. 20a. Crime Prevention and Privacy Compact. Data sharing under the National
Crime Prevention and Privacy Compact is governed by section 299C.58.
    Subd. 21. Residence managers. Data gathered for a background check of a residence
manager are governed by section 299C.68.
    Subd. 22. Fire department access to criminal history data. Access to criminal history data
by fire departments is governed by section 299F.035.
    Subd. 23. Arson investigative data system. Data in the arson investigative data system are
classified in section 299F.04, subdivision 3a.
    Subd. 24. Arson investigation; reporting. Arson investigation data relating to reporting
requirements are governed by section 299F.05.
    Subd. 25. Fire insurance information. Data gathered by an insurance company following a
fire loss or related to a potential fire loss are governed by sections 299F.054, 299F.055, and
299F.056.
    Subd. 26. Arson investigation; evidence, enforcement. Data maintained as part of arson
investigations are governed by sections 299F.055 and 299F.056.
    Subd. 27. Hazardous substance emergency. 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. 28. Records of state fire marshal. Records on file in the State Fire Marshal's Office
are governed by section 299F.28.
    Subd. 29. Pipeline safety. Data related to the pipeline safety responsibilities of the
commissioner of public safety are governed by section 299F.63.
    Subd. 30. Office of Pipeline Safety. Data obtained by the director of the Office of Pipeline
Safety are classified under section 299J.13.
    Subd. 31. Director of alcohol and gambling enforcement. Access by the director of
alcohol and gambling enforcement of the Department of Public Safety to criminal history data
on licensees, contractors, and employees of the State Lottery, Racing Commission, or Gambling
Control Board is governed by section 299L.03, subdivision 4.
    Subd. 32. 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.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998
c 382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4
s 2; 1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2003 c 2 art 3 s 4; 2005 c
136 art 12 s 1; 1Sp2005 c 6 art 2 s 47; 2006 c 212 art 2 s 3
13.691 [Renumbered 13.63, subd 3]
13.692 [Renumbered 13.679]
13.70 [Repealed, 1989 c 184 art 1 s 20]
13.71    Subdivision 1.[Renumbered 13.715]
    Subd. 2.[Renumbered 13.719, subd 3, para (a)]
    Subd. 3.[Renumbered 13.719, subd 3, para (b)]
    Subd. 4.[Renumbered 13.719, subd 4]
    Subd. 5.[Renumbered 13.719, subd 5]
    Subd. 6.[Renumbered 13.719, subdivision 1]
    Subd. 7.[Renumbered 13.719, subd 2]
    Subd. 8.[Renumbered 13.711]
    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]

COMMERCE, BANKING, AND INSURANCE DATA

13.711 DEPARTMENT OF COMMERCE DATA; 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.
History: 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; 1999 c 227 s 22
13.712 COMMERCE DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivision 2 are codified outside chapter
13. Those sections classify Department of Commerce data as other than public, place restrictions
on access to government data, or involve data sharing.
    Subd. 2. Department of Commerce; generally. (a) 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.
(b) Investigations. Classification, disclosure, and collection of data relating to investigations
conducted by the commissioner of commerce pursuant to section 45.027, are governed by
subdivisions 1, 7, and 7a of that section.
    Subd. 3. Vehicle protection product warrantors. Financial information provided to the
commissioner of commerce by vehicle protection product warrantors is classified under section
59C.05, subdivision 3.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2007 c 57 art 3 s 1
13.713 BANKING DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 4 are codified outside this
chapter. Those sections classify banking data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. General banking powers. (a) Incorporators data. Financial data on individuals
submitted by incorporators proposing to organize a bank are classified under section 46.041,
subdivision 1
.
(b) 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. 3. Financial corporations. (a) 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.
(b) Electronic financial transaction confidential information. Disclosure of confidential
information acquired in the course of electronic financial terminal transactions is governed by
section 47.69, subdivision 2.
    Subd. 4. Currency exchanges; reports. Financial information in annual reports submitted
to the commissioner of commerce by currency exchanges is classified in section 53A.081,
subdivision 4
.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
13.714 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 recurrence;
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.
History: 1985 c 298 s 18; 1999 c 227 s 22
13.715 GENERAL INSURANCE POWERS DATA; SURPLUS LINE INSURANCE.
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.
History: 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; 1999 c 227 s 22
13.716 GENERAL INSURANCE POWERS DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 7 are codified outside
chapter 13. Those sections classify general insurance powers data as other than public, place
restrictions on access to government data, or involve data sharing.
    Subd. 2. 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. 3. Material transaction reports. Reports required to be filed by insurers regarding
certain material transactions are classified under section 60A.135, subdivision 4.
    Subd. 4. 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. 5. 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. 6. Insurance company information. Data received by the Department of Commerce
under section 60A.93 are classified as provided by that section.
    Subd. 7. Viatical settlements data. Viatical settlements data provided to the commissioner
of commerce are classified under section 60A.968, subdivision 2.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
13.717 INSURANCE; HEALTH CARE COST CONTAINMENT DATA CODED
ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 10 are codified outside
chapter 13. Those sections classify health care cost containment data as other than public, place
restrictions on access to government data, or involve data sharing.
    Subd. 2. [Obsolete, 1Sp2003 c 14 art 7 s 88]
    Subd. 3. 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. 4. Information clearinghouse. Data sharing involving the information clearinghouse
is governed by section 62J.2930.
    Subd. 5. 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 section 62J.301 to 62J.42 that identify patients or providers are classified
under section 62J.321, subdivision 5.
    Subd. 6. Prescription drug disclosure. Data collected under section 62J.381 are governed
by section 62J.321, subdivision 5a.
    Subd. 7. Provider data. Provider data shared by the commissioner of commerce with the
commissioners of revenue and health is governed by section 62J.41, subdivision 2.
    Subd. 8. [Obsolete, 1Sp2003 c 14 art 7 s 88]
    Subd. 9. Health care cost containment. Data required to be submitted under health care
cost containment provisions are classified by section 62J.321, subdivision 5.
    Subd. 10. Ambulance services financial data. Data collected by the Emergency Medical
Services Regulatory Board are classified by section 62J.49, subdivision 2.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 1Sp2003 c 14 art 7 s 88
13.719 MISCELLANEOUS INSURANCE DATA.
    Subdivision 1. 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 is made by the association.
    Subd. 2. Classification of PPO agreement data. Data described in section 62E.13,
subdivision 11
, are nonpublic data.
    Subd. 3. Workers' compensation self-insurance. (a) 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.
(b) 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); and
(b) any correspondence or attachments relating to the data listed in this subdivision.
    Subd. 6. Automobile insurance. (a) Group 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 liability for automobile coverage as a group are classified as
nonpublic data.
(b) Self-insurance; plan administrator data. Financial documents, including income
statements, balance sheets, statements of change in financial positions, and supporting financial
information submitted by nonpublic companies seeking to self-insure their automobile liability or
to be licensed as self-insurance plan administrators are classified as nonpublic data.
History: 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; 1999 c 227 s 22; 2001 c 202 s 8
13.7191 MISCELLANEOUS INSURANCE DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 18 are codified outside
chapter 13. Those sections classify insurance data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. 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. 3. Insurance Guaranty Association. (a) Powers of commissioner. The commissioner
may share data with the board of the Minnesota Insurance Guaranty Association as provided
by section 60C.14, subdivision 2.
(b) 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. 4. Insurance holding company systems; 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. 5. Insurer supervision data. Data on insurers supervised by the commissioner of
commerce under chapter 60G are classified under section 60G.03, subdivision 1.
    Subd. 6. Insurance producers. (a) Licensing; termination. Access to data on insurance
producer terminations held by the commissioner of commerce is governed by section 60K.51.
(b) Data sharing. Sharing of licensing and investigative data on insurance producers is
governed by section 60K.52.
    Subd. 7. Life and health guaranty 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. 8. Nonprofit Health Service Plan Corporation; 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. 9. Health maintenance organizations. (a) Financial statements. Unaudited financial
statements submitted to the commissioner by a health maintenance organization are classified
under section 62D.08, subdivision 6.
(b) 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 4a.
(c) Disclosure. Disclosure of certain information held by health maintenance organizations
is governed by section 62D.145.
(d) Access to data. Data obtained by any person or committee conducting a review of a health
maintenance organization or a participating entity is authorized by section 62D.22, subdivision 10.
(e) Filings and reports. Filings, reports, and other data required under sections 62D.10 to
62D.30 are classified under section 62D.23.
    Subd. 10. Preferred provider agreements. The terms and conditions of certain preferred
provider agreements are classified under section 62E.13, subdivision 11.
    Subd. 11.[Repealed, 2001 c 215 s 41]
    Subd. 12. Small employer insurance reform. (a) Health carrier data. Data received by
the commissioner from health carriers under chapter 62L are classified under section 62L.10,
subdivision 3
.
(b) Small employer reinsurance association data. Patient identifying data held by the
reinsurance association are classified under section 62L.16, subdivision 6.
    Subd. 13. Utilization review of health care. (a) Data sharing. Data sharing involving
utilization review organizations are governed by section 62M.04, subdivision 5.
(b) Confidentiality of data. Confidentiality of certain data obtained by a utilization review
organization is governed by section 62M.08.
    Subd. 14. Requirements for health plan companies. (a) Minnesota Risk Adjustment
Association. Data privacy issues concerning the Minnesota Risk Adjustment Association are
governed by section 62Q.03, subdivision 9.
(b) Essential community provider. Data on applications for designation as an essential
community provider are classified under section 62Q.19, subdivision 2.
(c) Disclosure of executive compensation. Disclosure of certain data to consumer advisory
boards is governed by section 62Q.64.
    Subd. 15. Automobile insurance; theft data. The sharing of data on automobile thefts
between law enforcement and prosecutors and insurers is governed by section 65B.82.
    Subd. 16. Regulation of trade practices. (a) Insurance contract data. Certain insurance
contract data held by the commissioner of commerce are classified under section 72A.20,
subdivision 15
.
(b) 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. 17. Workers' compensation insurance; ratemaking data. Access to ratemaking
data is governed by section 79.096.
    Subd. 18. Workers' compensation self-insurance. (a) Self-Insurers' Advisory Committee.
Data received by the Self-Insurers' Advisory Committee from the commissioner are classified
under section 79A.02, subdivision 2.
(b) Self-insurers' security fund. Disclosure of certain data received by the self-insurers'
security is governed by section 79A.09, subdivision 4.
(c) Commercial self-insurers' security fund. Disclosure of certain data received by the
commercial self-insurers' security fund is governed by section 79A.26, subdivision 4.
History: 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 1,8; 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; 1998 c 273 s 1;
1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1; 1998
c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1 s 70;
1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2000 c 468 s 16; 2001 c 117 art 2 s 1; 2003 c 2 art 3 s 5

TRANSPORTATION DATA

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.[Repealed, 1999 c 227 s 23]
    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.
    Subd. 9. Rideshare data. The following data on participants, collected by the Minnesota
Department of Transportation and the Metropolitan Council to administer rideshare programs,
are classified as private under section 13.02, subdivision 12: residential address and telephone
number; beginning and ending work hours; current mode of commuting to and from work; and
type of rideshare service information requested.
    Subd. 10. 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.
    Subd. 11. Design-build transportation project. When the Department of Transportation
undertakes a design-build transportation project as defined in section 161.3410, subdivision
6
, the statement of qualification evaluation criteria and scoring methodology, statement of
qualification evaluations, technical proposal evaluation criteria and scoring methodology, and
technical proposal evaluations are classified as protected nonpublic data with regard to data not
on individuals and as confidential data on individuals. The statement of qualification evaluation
criteria and scoring methodology and statement of qualification evaluations are public when the
Department of Transportation announces the short list of qualified contractors. The technical
proposal evaluation criteria, scoring methodology, and technical proposal evaluations are public
when the project is awarded.
    Subd. 12. Transportation Department data. When the commissioner of transportation
determines that the design-build best value method of project delivery is appropriate for a project
under sections 161.3410 to 161.3428, relocation reports, planimetric files, digital terrain models,
preliminary design drawings, commissioner's orders, requests for proposals, and requests for
qualifications are classified as protected nonpublic data with regard to data not on individuals
and confidential data on individuals until the department publishes the data as part of the request
for proposal process. The commissioner may release design-build data to land owners, counties,
cities, and other parties under contract to a government entity as necessary to facilitate project
development. The released data retain their classification as protected nonpublic data with regard
to data not on individuals and confidential data on individuals as provided by section 13.03,
subdivision 4
, paragraph (c), until the department publishes the data as part of the request for
proposal process.
    Subd. 13. Account data. The following data pertaining to applicants for or users of toll
facilities, and high-occupancy vehicle lanes for which a user fee is charged under section 160.93,
are classified as nonpublic data with regard to data not on individuals and as private data with
regard to data on individuals: data contained in applications for the purchase, lease, or rental of
a device such as an electronic vehicle transponder which automatically assesses charges for a
vehicle's use of toll roads; personal and vehicle identification data; financial and credit data;
and toll road usage data. Nothing in this subdivision prohibits the production of summary data
as defined in section 13.02, subdivision 19.
    Subd. 14. Market research data; classification. (a) Names, home addresses except for zip
codes, home e-mail addresses, and home telephone numbers obtained for or received in response
to a survey conducted by or on behalf of the Department of Transportation are classified as
private data on individuals.
    (b) Business names, business addresses except for zip codes, business e-mail addresses, and
business telephone numbers obtained for or received in response to a survey conducted by or on
behalf of the Department of Transportation are classified as nonpublic data.
    Subd. 15. Overhead rate data. Financial statements and shareholder financial data provided
to the commissioner of transportation by a consultant in order to establish its overhead rate, and
the schedule of audit adjustments and the overhead rate schedule prepared by the Department of
Transportation in order to establish the overhead rate for a consultant are classified as nonpublic
data or private data on individuals. The overhead rate percentage is public data.
    Subd. 16. Bid escrow data. Bid documentation held in escrow by the Department of
Transportation is classified as nonpublic data. Any data on individuals in the bid documentation
are classified as private data on individuals. "Bid documentation" means all writings, working
papers, computer printout charts, and other data calculations used by a contractor to determine its
bid in bidding for a contract. The bid documentation includes, but is not limited to, the contractor's
costs for operating each piece of equipment owned by the contractor, the contractor's overhead
costs and its calculated overhead rate, the contractor's pay rates for its employees, efficiency or
productivity factors, arithmetic extensions, and the rates and quotations from subcontractors
and material suppliers to the extent that the rates and quotations were used by the contractor in
formulating and determining the amount of the bid.
History: 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; 1990 c 573 s 9; 1991 c 339 s 2; 1993 c 351 s 14; 1999 c 227 s 8,22; 2005 c 163 s
46-48; 1Sp2005 c 7 s 16; 2007 c 129 s 39-41
13.721 TRANSPORTATION DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 7 are codified outside
this chapter. Those sections classify transportation data as other than public, place restrictions on
access to government data, or involve data sharing.
    Subd. 2. Special transportation service provider. Certain data relating to alleged violations
by special transportation service providers are governed under section 174.30, subdivision 9.
    Subd. 3. 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, are governed by section 174.315.
    Subd. 4. 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. 5. Rail service data. Information provided to the commissioner of transportation
under the Rail Service Improvement Act is governed under section 222.54.
    Subd. 6. 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. 7. Aeronautical accident data. Information relating to aeronautical accidents is
governed under section 360.015.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
13.73 [Repealed, 1985 c 298 s 45]
13.74 [Renumbered 13.741, subd 3]

ENVIRONMENTAL PROTECTION DATA

13.741 POLLUTION CONTROL; ENVIRONMENTAL QUALITY DATA.
    Subdivision 1. Harmful substance compensation data. The following data on individuals
filing claims for compensation with the Pollution Control Agency for injury from harmful
substances are classified as confidential while the claim is being investigated and private after
a decision is made by the agency about the claim: the name, address, and all other information
that may identify an individual filing a claim; all medical data provided to the agency 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 agency 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.
    Subd. 2. Pollution Control Agency data. Data that identify specific locations within the
state where intensive and global survey site investigations are under way, or are determined by
the Pollution Control Agency as appropriate for studying the cause of malformations in frogs,
are nonpublic data until the agency determines that it will not investigate or has completed its
scientific investigation at the reported abnormal frog site.
    Subd. 3. Environmental quality data. The following data collected and maintained by the
Public Utilities Commission 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.
History: 1984 c 436 s 30; 1987 c 351 s 18; 1989 c 325 s 78; 1999 c 227 s 10,22; 2002 c
379 art 2 s 1; 2005 c 97 art 3 s 19
13.7411 POLLUTION CONTROL AND ENVIRONMENTAL QUALITY DATA CODED
ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 9 are codified outside this
chapter. Those sections classify pollution control and environmental quality data as other than
public, place restrictions on access to government data, or involve data sharing.
    Subd. 2. Environmental audits; performance schedules. Information that is a trade secret
and is submitted to the commissioner of the Pollution Control Agency as part of an environmental
audit performance schedule is classified under section 114C.23.
    Subd. 3. Pollution Control Agency. Information held by the commissioner of the Pollution
Control Agency that is trade secret or sales information is governed by section 115A.06,
subdivision 13
.
    Subd. 4. Waste management. (a) 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.
(b) Solid waste records. 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.
(c) Customer lists. Customer lists provided to counties or cities by solid waste collectors are
classified under section 115A.93, subdivision 5.
    Subd. 5. Environmental response and liability. (a) Responsible persons. 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.
(b) Harmful substance compensation. Access to data collected and maintained in
connection with harmful substance compensation reimbursement is governed by sections
115B.28, subdivision 2; and 115B.35, subdivision 2.
(c) Dry cleaners environmental account. Disclosure of data collected under section
115B.49, subdivision 4, is governed by chapter 270B.
    Subd. 6. Petroleum tank release. Certain data in connection with a petroleum tank release
are classified under section 115C.03, subdivision 3.
    Subd. 7. Toxic pollution prevention plans. Toxic pollution prevention plans are classified
under section 115D.09.
    Subd. 8. Pollution Control Agency. (a) 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.
(b) Tests. Trade secret information made available by applicants for certain projects of the
Pollution Control Agency is classified under section 116.54.
    Subd. 9. Environmental Quality Board. (a) Study data for radioactive waste disposal.
Access to data derived from testing or studies for the disposal of radioactive waste is governed
by section 116C.724, subdivision 3.
(b) 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.
History: 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
1,8; 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; 1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1;
1998 c 382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139
art 4 s 2; 1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2002 c 379 art 2 s 2;
2004 c 228 art 1 s 10; 1Sp2005 c 1 art 2 s 161

RACING; GAMING DATA

13.745 PARI-MUTUEL HORSE RACING CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivision 2 are codified outside this
chapter. Those sections classify horse racing data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. Access to criminal data. (a) Racetrack licenses. The Minnesota Racing
Commission's access to criminal history data, in determining whether to grant a class A license, is
governed by section 240.06, subdivision 3.
(b) Racing licenses. The Minnesota Racing Commission's access to criminal history data, in
determining whether to grant a class B license, is governed by section 240.07, subdivision 2.
(c) Occupation licenses. The Minnesota Racing Commission's access to criminal history, in
determining whether to grant a class C license, is governed by section 240.08, subdivision 3.
(d) County fair licenses. The director of the Minnesota Racing Commission's access to
criminal history data, in determining whether to grant a class D license, is governed by section
240.09, subdivision 3a.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
13.746 GAMING DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 and 3 are codified outside
this chapter. Those sections classify gaming data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. Lawful gambling; access to criminal data. The Gambling Control Board's access
to criminal history data of licensees and applicants is governed by section 349.151, subdivision 8.
    Subd. 3. State Lottery. (a) Access to criminal data. The State Lottery director's access to
criminal history data on certain persons is governed by sections 349A.06, subdivision 4, and
349A.07, subdivision 2.
(b) Lottery prize winners. Certain data on lottery prize winners are classified under section
349A.08, subdivision 9.
(c) Electronic transmissions. Data on individuals requesting electronic transmissions from
the lottery are classified in section 349A.08, subdivision 9.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 1Sp2003 c 8 art 2 s 11
13.75 [Renumbered 13.79, subd 2]
13.76 [Renumbered 13.596]
13.761 [Renumbered 13.605, subd 2]
13.77 [Renumbered 13.643, subd 4]
13.771 [Renumbered 13.741, subdivision 1]
13.772 [Renumbered 13.741, subd 2]
13.78 [Renumbered 13.5965]

VETERANS DATA

13.785 VETERANS DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 and 3 are codified outside
this chapter. Those sections classify veterans data as other than public, place restrictions on access
to government data, or involve data sharing.
    Subd. 2. Department of Veterans Affairs. (a) Certain veterans benefits and military
certificates of discharge. Access to military certificates of discharge and to files pertaining to
claims for certain veterans benefits is governed by section 196.08.
(b) Agent Orange Information and Assistance Act. Disclosure of summary data and of
the identity of a veteran about whom information is received under sections 196.19 to 196.26, is
governed by section 196.25.
    Subd. 3. Veterans rewards and privileges; service officers. Data maintained by veterans
service officers are classified under section 197.603.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2003 c 124 s 1; 1Sp2003 c 8 art 2 s 12

LABOR AND INDUSTRY DATA

13.79 DEPARTMENT OF LABOR AND INDUSTRY DATA.
    Subdivision 1. Identity of employees making complaints. 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.
    Subd. 2.[Repealed, 2007 c 129 s 58]
History: 1984 c 436 s 31; 1985 c 298 s 29; 1986 c 444; 1987 c 186 s 15; 1987 c 384 art 2 s
1; 1989 c 209 art 2 s 3; 1995 c 259 art 1 s 17; 1999 c 227 s 22
13.7905 LABOR AND INDUSTRY DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 6 are codified outside
chapter 13. Those sections classify labor and industry data as other than public, place restrictions
on access to government data, or involve data sharing.
    Subd. 2. Department of Labor and Industry. (a) Workers' Compensation Division.
Disclosure of proceedings of the Workers' Compensation Division is governed by section 175.10.
(b) Computer access to data. Computer access to and electronic data interchange of data
maintained by the Department of Labor and Industry are governed by section 175.171.
(c) Reporters. 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. 3. Workers' compensation. (a) Loggers; payroll data. Data sharing of payroll data
by the commissioner of labor and industry with a workers' compensation insurer or the Workers'
Compensation Insurance Association, is governed by section 176.130, subdivision 5.
(b) Medical data. Access to medical data in connection with a workers' compensation
claim is governed by section 176.138.
(c) Employment status. Data sharing, between the commissioner of labor and industry and
other persons, regarding the employment status of individuals, is governed by section 176.181,
subdivision 8
.
(d) Identity of reporters. Access to the identity of anyone reporting that an employer may
not have workers' compensation insurance is governed by section 176.184, subdivision 5.
(e) 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. 4. Employee organization; authorization signatures. Representation authorization
signatures, contained in employee organization petitions or joint requests, are classified by section
179A.12, subdivision 6.
    Subd. 5. Terms of employment. (a) Disclosure of lie detector tests. Disclosure of lie
detector tests is governed by section 181.76.
(b) Identity of employees making complaints.The disclosure of the identity of employees
making certain complaints is also governed by section 181.932, subdivision 2.
(c) 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. 6. 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.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
13.7908 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 ballots, prior to the time of tabulation, are classified as protected nonpublic data
or confidential data on individuals.
    Subd. 2. Mediation data. Data received or maintained by the staff or commissioner of the
Bureau of Mediation Services during the course of providing mediation services to the parties
to a labor dispute under chapter 179 are classified as protected nonpublic data or confidential
data on individuals, except to the extent the commissioner of the Bureau of Mediation Services
determines access to data is necessary to fulfill the requirements of section 179A.16 or to identify
the general nature of or parties to a labor dispute.
History: 2007 c 129 s 42
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 Employment and Economic Development 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
employment and economic development 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 employment and economic
development 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 Employment and Economic Development on an individual
licensed under section 248.07, subdivision 8, to the extent necessary to complete its duties.
History: 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; 2004 c 206 s 52

BIOTECHNOLOGY DATA

13.7911 BIOPROCESS PIPING AND EQUIPMENT DATA.
Schematic drawings, structural design, and layout of a biotechnology process piping system
submitted by a business to the Department of Labor and Industry or a municipality in support of a
building code permit application are classified as nonpublic data.
For the purpose of this section, "biotechnology process piping system" means piping and
equipment utilizing living organisms for medical, research, or pharmaceutical purposes and
meeting the most current requirements in the bioprocessing equipment standard adopted by the
American Society of Mechanical Engineers and does not include process piping used to make
biofood products or treat waste.
History: 2006 c 241 s 1

GIFT DATA

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

NATURAL RESOURCE DATA

13.793 NATURAL RESOURCE DATA; MINERAL DATA.
(a) Nonpublic data. Except as provided in paragraph (b), 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.
(b) Data become public. (1) Data under paragraph (a), 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 clause (2), data under paragraph (a), clause
(2), become public data one year after receipt by the commissioner. Except as provided in clause
(3) or as otherwise provided for by law, data under paragraph (a), clause (3), become public data
upon termination of the state mineral lease under which the data were gathered.
(2) If data under paragraph (a), 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.
(3) If data under paragraph (a), 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).
History: 1989 c 182 s 1; 1991 c 228 s 1; 1995 c 259 art 1 s 18; 1999 c 227 s 22
13.7931 NATURAL RESOURCE DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 1a to 4 are codified outside
this chapter. Those sections classify natural resource data as other than public, place restrictions
on access to government data, or involve data sharing.
    Subd. 1a. Specific location data. Specific location data are classified under section 84.0872.
    Subd. 2. Forest resource data. The development and use of forest resource data are
coordinated by the Interagency Information Cooperative established under section 89A.09.
    Subd. 3. Private fish hatchery data. Information on production, harvest, and sales of aquatic
life by a private fish hatchery is classified under section 97C.211, subdivision 6.
    Subd. 4. Exploratory boring data. Data submitted in applying for a permit for mineral
deposit evaluation and as a result of exploration are classified under sections 103I.601, subdivision
7
, and 103I.605, subdivisions 2 and 4.
    Subd. 5. Data from safety and education programs for loggers. The following data
collected from persons who attend safety and education programs or seminars for loggers
established or approved by the commissioner under section 176.130, subdivision 11, is public data:
    (1) the names of the individuals attending the program or seminar;
    (2) the names of each attendee's employer;
    (3) the city where the employer is located;
    (4) the date the program or seminar was held; and
    (5) a description of the seminar or program.
History: 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 1,8; 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; 1998 c 273 s 1;
1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1; 1998
c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1 s 70;
1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2004 c 290 s 15; 2007 c 13 art 3 s 6; 2007 c 135 art 2 s 1
13.794 [Renumbered 13.392]

LAW ENFORCEMENT; JUDICIAL; CORRECTIONS;

CRIMINAL JUSTICE DATA

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.
History: 1981 c 311 s 23,39; 1982 c 545 s 24
13.805 ADDRESS CONFIDENTIALITY DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The section referred to in subdivision 2 is codified outside this chapter.
This section classifies address confidentiality program data as other than public.
    Subd. 2. Address confidentiality program. Data maintained by the Office of the Secretary
of State regarding the address confidentiality program are governed by section 5B.07.
History: 2006 c 242 s 12
NOTE: This section, as added by Laws 2006, chapter 242, section 12, is effective September
1, 2007. Laws 2006, chapter 242, section 12, the effective date.
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 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 17; 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 17;
(c) the time and date of the request or complaint; and
(d) the response initiated and the response or incident report number.
    Subd. 4. 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 17. 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. 5. Domestic abuse data. The written police report required by section 629.341,
subdivision 4
, of an alleged incident described in section 629.341, subdivision 1, and arrest data,
request for service data, and response or incident data described in subdivision 2, 3, or 6 that arise
out of this type of incident or out of an alleged violation of an order for protection must be released
upon request at no cost to the victim of domestic abuse, the victim's attorney, or an organization
designated by the Minnesota Center for Crime Victims Services, the Department of Corrections, or
the Department of Public Safety as providing services to victims of domestic abuse. The executive
director or the commissioner of the appropriate state agency shall develop written criteria for this
designation in consultation with the Advisory Council on Battered Women and Domestic Abuse.
    Subd. 6. 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 17;
(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 17;
(h) names and addresses of any victims or casualties unless the identities of those individuals
qualify for protection under subdivision 17;
(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. 7. Criminal investigative data. Except for the data defined in subdivisions 2, 3, and
6, 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 17. 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. 8. 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. 9. Inactive child abuse data. Investigative data that become inactive under
subdivision 7, 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. 10. 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. 11. Inactive vulnerable adult maltreatment data. Investigative data that becomes
inactive under subdivision 7, 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. 12. 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. 13. 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 13.821 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. 14. 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. 15. Public benefit data. Any law enforcement agency may make any data classified
as confidential or protected nonpublic pursuant to subdivision 7 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. 16. 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 not public. 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 7,
the actual physical data associated with that investigation, including the public data, shall be
available for public access.
    Subd. 17. 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 section
609.456, 626.556, or 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. Data on registered criminal offenders. Data described in section 243.166 shall
be classified as described in that section.
    Subd. 23. Data in missing children bulletins. Data described in section 299C.54 shall be
classified as described in that section.
    Subd. 24. 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. 25. 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. 26. 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. 27. Pawnshop and scrap metal dealer data. Data that would reveal the identity of
persons who are customers of a licensed pawnbroker, secondhand goods dealer, or a scrap metal
dealer are private data on individuals. Data describing the property in a regulated transaction with
a licensed pawnbroker, secondhand goods dealer, or a scrap metal dealer are public.
    Subd. 28. Disclosure of predatory offender registrant status. Law enforcement agency
disclosure to health facilities of the registrant status of a registered predatory offender is governed
by section 244.052.
    Subd. 29. Juvenile offender photographs. Notwithstanding section 260B.171, chapter
609A, or other law to the contrary, photographs or electronically produced images of children
adjudicated delinquent under chapter 260B shall not be expunged from law enforcement records
or databases.
History: 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; 1998 c 371 s 4; 1999 c 227 s 22; 2000 c 445 art 2
s 1; 2002 c 352 s 7; 2004 c 269 art 1 s 1; 2004 c 290 s 16; 2005 c 136 art 3 s 1; 2005 c 163 s
49,50; 2006 c 260 art 3 s 2; 2007 c 54 art 7 s 1
13.821 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 prohibit rights of
access pursuant to discovery in a court proceeding.
History: 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
2,4; 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2003 c 116 s 1
13.822 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 are classified as private
data on individuals.
History: 1981 c 311 s 39; 1982 c 545 s 24; 1982 c 558 s 2; 1999 c 227 s 22
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 record of death 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 7, 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 on deceased individuals. 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. Classification of 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.
History: 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; 1Sp2001 c 9 art 15 s 32
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
district 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 district 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 state or local correctional
agency or facility having statutorily granted supervision over the individual subject of the data;
(e) pursuant to subdivision 6; or
(f) pursuant to a valid court order.
    Subd. 6. 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. 7. Public data. The following court services data on adult individuals is public:
(a) name, age, date of birth, 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. 8. Limitation. Nothing in this section shall limit public access to data made public
by section 13.82.
    Subd. 9. 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.
History: 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; 1999 c 227 s
22; 2000 c 468 s 15; 2006 c 260 art 5 s 1,2
13.841 COURT SERVICES DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The section referred to in subdivision 2 is codified outside this chapter.
This section classifies court services data as other than public, places restrictions on access to
government data, or involves data sharing.
    Subd. 2. 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.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
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. Corrections and detention 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 medical, psychological, or financial
information, or personal information not related to their lawful confinement or detainment or (b)
endanger an individual's life.
    Subd. 3. Corrections and detention 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. Corrections and detention 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. Corrections and detention 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.
History: 1981 c 311 s 39; 1982 c 545 s 17,24; 1988 c 670 s 7; 1998 c 371 s 5; 1999 c 227 s 22
13.851 CORRECTIONS AND DETENTION DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 8 are codified outside
this chapter. Those sections classify corrections and detention data as other than public, place
restrictions on access to government data, or involve data sharing.
    Subd. 2. Blood test results. Blood test results obtained under sections 241.33 to 241.342
are classified under section 241.339.
    Subd. 3. Sex offender treatment information. Access to sex offender treatment information
prepared by sex offender treatment facilities by the commissioner of corrections is governed by
section 241.67, subdivision 9.
    Subd. 4. Predatory offenders. (a) Use of information. Data provided under section
243.166, subdivision 7, are classified under that section.
(b) Availability of information. Requests to treat offender information as private is
governed by section 243.166, subdivision 7a.
    Subd. 5. Sex offenders; civil commitment determination; commissioner of corrections.
Data provided to the county attorney under section 244.05, subdivision 7, are governed by that
section.
    Subd. 6. Predatory offenders; end-of-confinement review committee. Certain data
classified under chapter 13 are made accessible to the end-of-confinement review committee in
state correctional facilities under section 244.052.
    Subd. 7. Registration of predatory offenders; data sharing. Release of information about
predatory offenders to certain persons under the community notification provisions of section
244.052 is governed by section 244.053, subdivision 2.
    Subd. 8. Release of predatory offenders. Release of information about persons convicted of
an offense which requires registration as a predatory offender under section 243.166 and who are
released on probation is governed by section 244.10, subdivision 8.
History: 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 1,8; 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; 1998 c 273 s
1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1;
1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1
s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2000 c 422 s 2; 2005 c 136 art 16 s 13
13.855 [Repealed, 1Sp2003 c 2 art 5 s 18]
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.
History: 1979 c 102 s 13; 1980 c 603 s 22; 1981 c 311 s 20,39; 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 government
entity as a part of that 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.
History: 1993 c 351 s 19; 2007 c 129 s 43
13.87 CRIMINAL JUSTICE DATA.
    Subdivision 1. Criminal history data. (a) Definition. For purposes of this subdivision,
"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.
    (b) 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, the offense of which the individual was convicted,
associated court disposition and sentence information, controlling agency, and confinement
information are public data for 15 years following the discharge of the sentence imposed for the
offense. If an individual's name or other identifying information is erroneously associated with a
criminal history and a determination is made through a fingerprint verification that the individual
is not the subject of the criminal history, the name or other identifying information must be
redacted from the public criminal history data. The name and other identifying information must
be retained in the criminal history and are classified as private data.
    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.
    (c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data made public
by section 13.82.
    Subd. 2. Firearms data. All data pertaining to the purchase or transfer of firearms and
applications for permits to carry firearms which are collected by government entities pursuant to
sections 624.712 to 624.719 are classified as private, pursuant to section 13.02, subdivision 12.
    Subd. 3. Internet access. (a) The Bureau of Criminal Apprehension shall establish and
maintain an Internet Web site containing public criminal history data by July 1, 2004.
(b) Notwithstanding section 13.03, subdivision 3, paragraph (a), the bureau may charge a fee
for Internet access to public criminal history data provided through August 1, 2005. The fee may
not exceed $5 per inquiry or the amount needed to recoup the actual cost of implementing and
providing Internet access, whichever is less. Fees collected must be deposited in the general fund
as a nondedicated receipt.
(c) The Web site must include a notice to the subject of data of the right to contest the
accuracy or completeness of data, as provided under section 13.04, subdivision 4, and provide a
telephone number and address that the subject may contact for further information on this process.
(d) The Web site must include the effective date of data that is posted.
(e) The Web site must include a description of the types of criminal history data not available
on the site, including arrest data, juvenile data, criminal history data from other states, federal
data, data on convictions where 15 years have elapsed since discharge of the sentence, and other
data that are not accessible to the public.
(f) A person who intends to access the Web site to obtain information regarding an applicant
for employment, housing, or credit must disclose to the applicant the intention to do so. The Web
site must include a notice that a person obtaining such access must notify the applicant when a
background check using this Web site has been conducted.
(g) This subdivision does not create a civil cause of action on behalf of the data subject.
(h) This subdivision expires July 31, 2007.
    Subd. 4. Name and event index service; data classification. (a) For purposes of this section,
"name and event index service" means the data held by the Bureau of Criminal Apprehension
that link data about an individual that are stored in one or more databases maintained in criminal
justice agencies, as defined in section 299C.46, subdivision 2, and in the judiciary.
(b) Data collected, created, or maintained by the name and event index service are classified
as private data, pursuant to section 13.02, subdivision 12, and become confidential data,
pursuant to section 13.02, subdivision 3, when the data links private or public data about a
specific individual to any confidential data about that individual. The data in the name and event
index service revert to the private data classification when no confidential data about a specific
individual are maintained in the databases. The classification of data in the name and event index
service does not change the classification of the data held in the databases linked by the service.
History: 1981 c 311 s 20,39; 1982 c 545 s 16,24; 1987 c 384 art 2 s 1; 1993 c 171 s 2; 1993
c 326 art 11 s 1; 1999 c 227 s 22; 1Sp2001 c 8 art 5 s 3; 2002 c 321 s 1; 1Sp2003 c 2 art 4 s
1; 2006 c 260 art 3 s 3; 2007 c 129 s 44,45
NOTE: This subdivision was also amended by Laws 2006, chapter 253, section 5, to read
as follows:
    "Subd. 4. Name and event index service data. (a) For purposes of this section, "name and
event index service data" means data of the Bureau of Criminal Apprehension that link data on
an individual that are stored in one or more databases maintained by criminal justice agencies,
as defined in section 299C.46, subdivision 2, or the judiciary.
(b) Name and event index service data are private data on individuals, provided that if the
data link private or public data on an individual to confidential data on that individual, the data are
confidential data on that individual. The data become private data if the data no longer link private
or public data to confidential data. The classification of data in the name and event index service
does not change the classification of the data in the databases linked by the service."
13.871 CRIMINAL JUSTICE DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 8 are codified outside this
chapter. Those sections classify criminal justice data as other than public, place restrictions on
access to government data, or involve data sharing.
    Subd. 1a. Mental health data received by law enforcement. Certain mental health data
received by law enforcement from health care providers is classified under section 144.294,
subdivision 2
.
    Subd. 2. Controlled substance convictions. Data on certain convictions for controlled
substances offenses may be expunged under section 152.18, subdivision 3.
    Subd. 3. Criminal code. (a) Sources of presentence investigation reports. Disclosure
of confidential sources in presentence investigation reports is governed by section 609.115,
subdivision 4
.
(b) Domestic abuse investigation report. Data contained in domestic abuse investigation
reports are classified under section 609.2244.
(c) 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.
(d) Sex offender assessment. Assessor access to data relevant to sex offender assessments is
governed under section 609.3457.
(e) Sexual assault crime victims. Data on sexual assault victims are governed by section
609.3471.
(f) 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. 4. Public defenders. (a) Disclosure of financial information. Disclosure of financial
information provided by a defendant seeking public defender services is governed by section
611.17.
(b) Criminal justice data. Access to the criminal justice data network is governed by
section 611.272.
    Subd. 5. Crime victims. (a) Crime victim notice of release. Data on crime victims who
request notice of an offender's release are classified under section 611A.06.
(b) Sex offender HIV tests. Results of HIV tests of sex offenders under section 611A.19,
subdivision 2
, are classified under that section.
(c) 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.
(d) Victims of domestic abuse. Data on battered women and victims of domestic abuse
maintained by grantees and recipients of per diem payments for emergency shelter for battered
women and support services for battered women and victims of domestic abuse are governed by
sections 611A.32, subdivision 5, and 611A.371, subdivision 3.
(e) Personal history; internal auditing. Certain personal history and internal auditing
data is classified by section 611A.46.
(f) Crime victim claims for reparations. Claims and supporting documents filed by crime
victims seeking reparations are classified under section 611A.57, subdivision 6.
(g) Crime victim oversight act. Data maintained by the commissioner of public safety
under the Crime Victim Oversight Act are classified under section 611A.74, subdivision 2.
(h) Victim identity data. Data relating to the identity of the victims of certain criminal
sexual conduct is governed by section 609.3471.
    Subd. 6. Training; investigation; apprehension; reports. (a) 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.
(b) Child abuse report records. Data contained in child abuse report records are classified
under section 626.556.
(c) Interstate data exchange. Disclosure of child abuse reports to agencies of another state
is classified under section 626.556, subdivision 10g.
(d) Release to family court services. Release of child abuse data to a court services agency
is authorized under section 626.556, subdivision 10h.
(e) Release of data to mandated reporters. Release of child abuse data to mandated
reporters who have an ongoing responsibility for the health, education, or welfare of a child
affected by the data is authorized under section 626.556, subdivision 10j.
(f) Release of child abuse investigative records to other counties. Release of child abuse
investigative records to local welfare agencies is authorized under section 626.556, subdivision
10k
.
(g) Classifying and sharing records and reports of child abuse. The classification of child
abuse data and the sharing of records and reports of child abuse by and between local welfare
agencies and law enforcement agencies are governed under section 626.556, subdivision 11.
(h) Disclosure of information not required in certain cases. Disclosure of certain data
obtained from interviewing a minor is governed by section 626.556, subdivision 11a.
(i) Data received from law enforcement. Classifying child abuse data received by certain
agencies from law enforcement agencies is governed under section 626.556, subdivision 11b.
(j) Disclosure in child fatality cases. Disclosure of information relating to a child fatality is
governed under section 626.556, subdivision 11d.
(k) Reports of alcohol abuse. Data on persons making reports under section 626.5563 are
classified under section 626.5563, subdivision 5.
(l) Vulnerable adult report records. Data contained in vulnerable adult report records are
classified under section 626.557, subdivision 12b.
(m) Adult protection team information sharing. Sharing of local welfare agency
vulnerable adult data with a protection team is governed by section 626.5571, subdivision 3.
(n) 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.
(o) Child maltreatment reports peer review panel. Sharing data of cases reviewed by the
panel is governed under section 626.5593, subdivision 2.
(p) 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
.
(q) Racial profiling study data. Racial profiling study data is governed by section 626.951.
    Subd. 7. Domestic abuse police reports. Police reports on domestic incidents are classified
under section 629.341.
    Subd. 8. Board of Pardons records. Access to Board of Pardons records is governed by
section 638.07.
    Subd. 9. Pistol permit data. Data on persons permitted to carry pistols under the terms of a
permit must be shared as required by section 624.714, subdivision 6.
    Subd. 10. Discharge and dismissal records. Data contained in discharge and dismissal
records are classified under section 609.3751, subdivision 5.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s
2; 1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2000 c 445 art 2 s 2; 2002 c
220 art 7 s 6; 2003 c 2 art 3 s 6,7; 2003 c 28 art 2 s 1; 2004 c 290 s 17; 2005 c 83 s 1; 2005 c
136 art 4 s 1,11; 2007 c 13 art 1 s 3; 2007 c 147 art 10 s 15
13.873 INTEGRATED SEARCH SERVICE DATA SUBJECT ACCESS.
    Subdivision 1. Definition. For purposes of this section, "integrated search service" is a
service operated by the Bureau of Criminal Apprehension that allows authorized users to search
and view data that are stored on one or more databases maintained by criminal justice agencies,
as defined in section 299C.46, subdivision 2.
    Subd. 2. Requests by data subject. An individual who is the subject of data accessible
through the integrated search service has access to the service only as provided in this section. An
individual may request that an integrated search service query to locate data about the individual
be performed by state or local law enforcement agencies with integrated search service access.
State and local law enforcement agencies with integrated search service access shall provide
only the following:
    (1) a list of the government entities that have provided public or private data about that
individual through integrated search service; and
    (2) data that describe what is maintained about the individual at each government entity
on the list.
    Subd. 3. Bureau responsibilities. The Bureau of Criminal Apprehension shall provide the
following information at a public Internet site:
    (1) a listing of all law enforcement agencies with integrated search service access; and
    (2) information for individual data subjects on how to challenge the accuracy or completeness
of data pursuant to section 13.04, subdivision 4.
History: 2007 c 129 s 46
13.875 JUVENILE JUSTICE DATA CODED ELSEWHERE.
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 5 are codified outside this
chapter. Those sections classify juvenile justice data as other than public, place restrictions on
access to government data, or involve data sharing.
    Subd. 2. 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 260B.171.
    Subd. 3. Juvenile sex offenders. Certain data on children classified under chapters 13,
144, 260B, and 626 are made accessible to persons assessing whether a child adjudicated a sex
offender is in need of and amenable to sex offender treatment under section 260B.198.
    Subd. 4. Court records. Court records of dispositions involving placement outside this state
are classified under section 260B.235, subdivision 8.
    Subd. 5. Information for child placement. Certain data on children classified under
chapters 13, 144, and 260C are made accessible to agencies with the legal responsibility for the
residential placement of a child under section 260C.208.
History: 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 1,8;
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;
1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c
382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2;
1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2
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.
History: 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. Developmental disabilities. Data on clients and residents of facilities
or programs licensed pursuant to sections 144.50 to 144.58, 245A.01 to 245A.16, 245C.01 to
245C.32, 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 98-527 to protect the legal and human
rights of persons with developmental disabilities 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 99-319 to protect the rights of persons who are mentally ill 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 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.
History: 1985 c 298 s 42; 1987 c 236 s 1; 1989 c 209 art 2 s 1; 1995 c 259 art 1 s 25; 2002 c
221 s 1; 2003 c 15 art 1 s 33; 2005 c 56 s 1
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.
History: 1985 c 298 s 44; 1Sp1986 c 3 art 1 s 82; 1995 c 259 art 1 s 26
13.99    Subdivision 1.[Repealed, 2001 c 7 s 91]
    Subd. 2.[Repealed, 1996 c 305 art 1 s 2]
    Subd. 3.[Renumbered 13.606, subd 4]
    Subd. 3a.[Renumbered 13.602, subd 2, para (b)]
    Subd. 4.[Renumbered 13.607, subd 2]
    Subd. 5.[Renumbered 13.607, subd 3]
    Subd. 5a.[Renumbered 13.607, subd 4]
    Subd. 6.[Renumbered 13.6401, subd 2, para (b)]
    Subd. 6a.[Renumbered 13.6401, subd 5]
    Subd. 6b.[Renumbered 13.6435, subd 2, para (a)]
    Subd. 6c.[Renumbered 13.6435, subd 2, para (b)]
    Subd. 6d.[Renumbered 13.6435, subd 2, para (e)]
    Subd. 6e.[Renumbered 13.6435, subd 2, para (d)]
    Subd. 7.[Renumbered 13.6435, subd 3, para (b)]
    Subd. 7a.[Renumbered 13.6435, subd 5]
    Subd. 7b.[Renumbered 13.6435, subd 6]
    Subd. 8.[Renumbered 13.6435, subd 8, para (a)]
    Subd. 8a.[Renumbered 13.6435, subd 8, para (b)]
    Subd. 9.[Renumbered 13.6435, subd 9]
    Subd. 10.[Renumbered 13.6435, subd 10]
    Subd. 11.[Renumbered 13.598, subd 2]
    Subd. 11a.[Renumbered 13.712, subd 2]
    Subd. 11b.[Renumbered 13.713, subd 2, para (a)]
    Subd. 12.[Renumbered 13.713, subd 2, para (b)]
    Subd. 12a.[Renumbered 13.,713, subd 3, para (a)]
    Subd. 13.[Repealed, 1997 c 157 s 72]
    Subd. 13a.[Renumbered 13.713, subd 4]
    Subd. 14.[Renumbered 13.716, subd 2]
    Subd. 14a.[Renumbered 13.716, subd 4]
    Subd. 14b.[Renumbered 13.716, subd 3]
    Subd. 14c.[Renumbered 13.716, subd 5]
    Subd. 15.[Renumbered 13.716, subd 6]
    Subd. 15a.[Renumbered 13.716, subd 7]
    Subd. 16.[Renumbered 13.7191, subd 2]
    Subd. 17.[Renumbered 13.7191, subd 3, para (a)]
    Subd. 17a.[Renumbered 13.7191, subd 9, para (a)]
    Subd. 17b.[Renumbered 13.7191, subd 3, para (b)]
    Subd. 18.[Renumbered 13.7191, subd 4]
    Subd. 18a.[Renumbered 13.7191, subd 5]
    Subd. 18b.[Renumbered 13.7191, subd 6]
    Subd. 18c.[Renumbered 13.7191, subd 7]
    Subd. 18d.[Renumbered 13.7191, subd 8]
    Subd. 19.[Renumbered 13.7191, subd 9, para (b)]
    Subd. 19a.[Renumbered 13.717, subd 2]
    Subd. 19b.[Renumbered 13.717, subd 3]
    Subd. 19c.[Renumbered 13.717, subd 5]
    Subd. 19d.[Renumbered 13.7191, subd 12, para (a)]
    Subd. 19e.[Renumbered 13.7191, subd 12, para (b)]
    Subd. 19f.[Renumbered 13.7191, subd 11]
    Subd. 19g.[Repealed, 1998 c 254 art 1 s 3]
    Subd. 19h.[Renumbered 13.717, subd 9]
    Subd. 19i.[Renumbered 13.717, subd 8]
    Subd. 19j.[Renumbered 13.7191, subd 14, para (b)]
    Subd. 19k.[Renumbered 13.7191, subd 10]
    Subd. 19l.[Renumbered 13.7191, subd 14, para (a)]
    Subd. 19m.[Repealed, 1999 c 245 art 2 s 45]
    Subd. 20.[Renumbered 13.7191, subd 15]
    Subd. 20a.[Renumbered 13.7191, subd 16, para (a)]
    Subd. 20b.[Renumbered 13.7191, subd 16, para (b)]
    Subd. 20c.[Renumbered 13.7191, subd 18, para (a)]
    Subd. 21.[Renumbered 13.7191, subd 18, para (b)]
    Subd. 21a.[Renumbered 13.7931, subd 4]
    Subd. 21b.[Renumbered 13.7411, subd 4, para (a)]
    Subd. 21c.[Renumbered 13.7411, subd 4, para (c)]
    Subd. 21d.[Repealed, 1997 c 7 art 1 s 1]
    Subd. 21e.[Renumbered 13.7411, subd 4, para (a)]
    Subd. 22.[Renumbered 13.7411, subd 5]
    Subd. 23.[Renumbered 13.7411, subd 5, para (b)]
    Subd. 24.[Renumbered 13.7411, subds 4, para (b) and (c)]
    Subd. 24a.[Repealed, 1997 c 7 art 1 s 2]
    Subd. 24b.[Renumbered 13.7411, subd 6]
    Subd. 24c.[Renumbered 13.7411, subd 7]
    Subd. 25.[Renumbered 13.7411, subd 8, para (a)]
    Subd. 26.[Renumbered 13.7411, subd 8, para (b)]
    Subd. 27.[Renumbered 13.7411, subd 9, para (b)]
    Subd. 27a.[Renumbered 13.598, subd 3]
    Subd. 27b.[Renumbered 13.598, subd 4]
    Subd. 27c.[Renumbered 13.598, subd 5]
    Subd. 27d.[Renumbered 13.321, subd 7, para (a)]
    Subd. 27e.[Renumbered 13.321, subd 4, para (b)]
    Subd. 27f.[Renumbered 13.321, subd 5]
    Subd. 28.[Renumbered 13.322, subd 3, para (b)]
    Subd. 28a.[Renumbered 13.322, subd 3, para (c)]
    Subd. 28b.[Renumbered 13.381, subd 3]
    Subd. 29.[Renumbered 13.401, subd 2]
    Subd. 29a.[Renumbered 13.3806, subd 4, para (a)]
    Subd. 29b.[Renumbered 13.3806, subd 3]
    Subd. 29c.[Renumbered 13.381, subd 4]
    Subd. 30.[Renumbered 13.3806, subd 4, para (b)]
    Subd. 31.[Renumbered 13.3806, subd 4, para (c)]
    Subd. 31a.[Renumbered 13.3806, subd 4, para (d)]
    Subd. 32.[Renumbered 13.3806, subd 4, para (e)]
    Subd. 33.[Renumbered 13.3806, subd 9]
    Subd. 34.[Renumbered 13.3806, subd 10]
    Subd. 35.[Renumbered 13.381, subd 5]
    Subd. 35a.[Renumbered 13.381, subd 6]
    Subd. 35b.[Renumbered 13.3806, subd 12]
    Subd. 35c.[Renumbered 13.3806, subd 13]
    Subd. 36.[Renumbered 13.3806, subd 14]
    Subd. 37.[Renumbered 13.381, subd 7]
    Subd. 38.[Renumbered 13.381, subd 8]
    Subd. 38a.[Renumbered 13.381, subd 12]
    Subd. 38b.[Renumbered 13.381, subd 17]
    Subd. 39.[Renumbered 13.411, subd 2]
    Subd. 39a.[Repealed, 1996 c 305 art 1 s 6]
    Subd. 39b.[Renumbered 13.383, subd 2]
    Subd. 40.[Renumbered 13.3806, subd 18]
    Subd. 41.[Renumbered 13.381, subd 13]
    Subd. 42.[Renumbered 13.381, subd 14]
    Subd. 42a.[Renumbered 13.383, subd 4, paras (a),(b)]
    Subd. 42b.[Renumbered 13.383, subd 4, para (d)]
    Subd. 43.[Renumbered 13.383, subd 4, para (e)]
    Subd. 44.[Renumbered 13.383, subd 4, paras (a),(c)]
    Subd. 45.[Renumbered 13.383, subd 6]
    Subd. 46.[Renumbered 13.383, subd 7, para (a)]
    Subd. 47.[Renumbered 13.383, subd 7, para (c)]
    Subd. 48.[Renumbered 13.383, subd 7, para (d)]
    Subd. 48a.[Renumbered 13.411, subd 4]
    Subd. 49.[Renumbered 13.383, subd 9, paras (a)-(c)]
    Subd. 50.[Renumbered 13.383, subd 10, para (a)]
    Subd. 51.[Renumbered 13.383, subd 10, para (a)]
    Subd. 52.[Renumbered 13.383, subd 11, para (a)]
    Subd. 52a.[Renumbered 13.383, subd 12,16]
    Subd. 52b.[Renumbered 13.383, subd 11, para (a)]
    Subd. 53.[Renumbered 13.383, subd 13, paras (a),(b)]
    Subd. 53a.[Renumbered 13.871, subd 2]
    Subd. 53b.[Renumbered 13.383, subd 16, paras (a),(b)]
    Subd. 54.[Renumbered 13.6905, subd 3]
    Subd. 54a.[Renumbered 13.6905, subd 5]
    Subd. 54b.[Renumbered 13.6905, subd 6]
    Subd. 55.[Renumbered 13.6905, subd 7]
    Subd. 56.[Renumbered 13.6905, subd 10]
    Subd. 56a.[Renumbered 13. 6905, subd 11]
    Subd. 57.[Renumbered 13.6905, subd 4]
    Subd. 57a.[Renumbered 13.721, subd 2]
    Subd. 57b.[Renumbered 13.721, subd 3]
    Subd. 58.[Renumbered 13.7905, subd 2, para (c)]
    Subd. 58a.[Renumbered 13.7905, subd 3, para (b)]
    Subd. 58b.[Renumbered 13.7905, subd 3, para (d)]
    Subd. 59.[Renumbered 13.7905, subd 3, para (e)]
    Subd. 59a.[Renumbered 13.7905, subd 5, para (c)]
    Subd. 59b.[Renumbered 13.7905, subd 5, para (b)]
    Subd. 60.[Renumbered 13.7905, subd 6]
    Subd. 61.[Renumbered 13.7905, subd 5, para (c)]
    Subd. 62.[Renumbered 13.785, subd 2, para (a)]
    Subd. 63.[Renumbered 13.785, subd 3]
    Subd. 63a.[Renumbered 13.607, subd 6]
    Subd. 64.[Renumbered 13.411, subd 2, para (a)]
    Subd. 64a.[Renumbered 13.411, subd 2, para (b)]
    Subd. 65.[Renumbered 13.681, subd 2]
    Subd. 65a.[Renumbered 13.681, subd 4]
    Subd. 65b.[Renumbered 13.721, subd 4]
    Subd. 65c.[Renumbered 13.721, subd 6]
    Subd. 65d.[Renumbered 13.6435, subd 11]
    Subd. 65e.[Renumbered 13.851, subd 4]
    Subd. 66.[Renumbered 13.461, subd 2, para (b)]
    Subd. 67.[Renumbered 13.461, subd 3, para (b)]
    Subd. 68.[Renumbered 13.461, subd 4]
    Subd. 68a.[Renumbered 13.461, subd 6]
    Subd. 69.[Renumbered 13.461, subd 8]
    Subd. 70.[Renumbered 13.461, subd 9]
    Subd. 71.[Repealed, 1995 c 186 s 7]
    Subd. 72.[Renumbered 13.461, subd 12]
    Subd. 73.[Renumbered 13.461, subd 15]
    Subd. 74.[Renumbered 13.461, subd 16]
    Subd. 74a.[Renumbered 13.381, subd 17]
    Subd. 74b.[Renumbered 13.461, subd 24]
    Subd. 74c.[Renumbered 13.461, subd 21]
    Subd. 75.[Renumbered 13.465, subd 3]
    Subd. 76.[Renumbered 13.465, subd 4]
    Subd. 76a.[Renumbered 13.841, subd 2]
    Subd. 76b.[Renumbered 13.465, subd 6]
    Subd. 77.[Renumbered 13. 465, subd 7]
    Subd. 78.[Renumbered 13.465, subd 8]
    Subd. 79.[Renumbered 13.875, subd 2]
    Subd. 79a.[Renumbered 13.875, subd 4]
    Subd. 80.[Renumbered 13.475, subd 4]
    Subd. 81.[Renumbered 13.319, subd 5]
    Subd. 81a.[Renumbered 13. 475, subd 5]
    Subd. 81b.[Renumbered 13.475, subd 6]
    Subd. 82.[Renumbered 13.475, subd 7]
    Subd. 83.[Renumbered 13.475, subd 9]
    Subd. 84.[Renumbered 13.4961, subd 3]
    Subd. 85.[Renumbered 13.4963, subd 2]
    Subd. 85a.[Renumbered 13.4965, subd 2]
    Subd. 86.[Renumbered 13.4965, subd 3]
    Subd. 86a.[Renumbered 13.4967, subd 2]
    Subd. 86b.[Renumbered 13.4967, subd 3]
    Subd. 87.[Renumbered 13.4967, subd 4]
    Subd. 88.[Renumbered 13.4967, subd 5]
    Subd. 89.[Renumbered 13.4967, subd 7]
    Subd. 89a.[Renumbered 13.6905, subd 12]
    Subd. 90.[Renumbered 13.6905, subd 13]
    Subd. 90a.[Renumbered 13.6905, subd 18]
    Subd. 90b.[Renumbered 13.6905, subd 14]
    Subd. 90c.[Renumbered 13.6905, subd 23]
    Subd. 91.[Renumbered 13.6905, subd 26]
    Subd. 91a.[Renumbered 13.6905, subd 27]
    Subd. 92.[Renumbered 13.6905, subd 30]
    Subd. 92a.[Renumbered 13.6905, subd 32]
    Subd. 92b.[Renumbered 13.487, subd 3]
    Subd. 92c.[Renumbered 13.4967, subd 6, para (b)]
    Subd. 92d.[Renumbered 13.746, subd 3, para (b)]
    Subd. 92e.[Renumbered 13.485, subd 4]
    Subd. 92f.[Renumbered 13.487, subd 4]
    Subd. 92g.[Renumbered 13.746, subd 3, para (b)]
    Subd. 93.[Renumbered 13.552, subd 4]
    Subd. 94.[Renumbered 13.552, subd 6]
    Subd. 94a.[Renumbered 13.202, subd 2]
    Subd. 95.[Renumbered 13.202, subd 3, para (a)]
    Subd. 95a.[Renumbered 13.202, subd 3, para (b)]
    Subd. 96.[Renumbered 13.202, subd 4]
    Subd. 96a.[Renumbered 13.202, subd 5]
    Subd. 96b.[Renumbered 13.202, subd 6]
    Subd. 96c.[Renumbered 13.202, subd 7]
    Subd. 96d.[Renumbered 13.5401, subd 2]
    Subd. 97.[Repealed, 1996 c 471 art 7 s 34]
    Subd. 97a.[Renumbered 13.598, subd 6, para (a)]
    Subd. 97b.[Renumbered 13.202, subd 10]
    Subd. 98.[Renumbered 13.202, subd 9, para (a)]
    Subd. 98a.[Renumbered 13.202, subd 11, para (c)]
    Subd. 98b.[Renumbered 13.202, subd 11, para (d)]
    Subd. 99.[Renumbered 13.202, subd 11, para (e)]
    Subd. 100.[Renumbered 13.202, subd 12]
    Subd. 100a.[Renumbered 13.465, subd 12]
    Subd. 101.[Renumbered 13.465, subd 11]
    Subd. 101a.[Renumbered 13.465, subd 13]
    Subd. 101b.[Renumbered 13.469, subd 2]
    Subd. 101c.[Renumbered 13.465, subd 14]
    Subd. 101d.[Renumbered 13.465, subd 2]
    Subd. 102.[Renumbered 13.6435, subd 12]
    Subd. 103.[Renumbered 13.871, subd 3, para (a)]
    Subd. 104.[Renumbered 13.871, subd 3, para (c)]
    Subd. 105.[Renumbered 13.871, subd 3, para (e)]
    Subd. 105a.[Renumbered 13.871, subd 3, para (f)]
    Subd. 106.[Renumbered 13.871, subd 4]
    Subd. 107.[Renumbered 13.871, subd 5, para (a)]
    Subd. 107a.[Renumbered 13.871, subd 5, para (b)]
    Subd. 108.[Renumbered 13.871, subd 5, para (c)]
    Subd. 109.[Renumbered 13.871, subd 5, para (d)]
    Subd. 110.[Renumbered 13.871, subd 5, para (e)]
    Subd. 110a.[Renumbered 13.821]
    Subd. 111.[Renumbered 13.871, subd 6, para (a)]
    Subd. 112.[Renumbered 13.871, subd 6, para (b)]
    Subd. 112a.[Renumbered 13.871, subd 6, para (k)]
    Subd. 113.[Renumbered 13.871, subd 6, para (l)]
    Subd. 113a.[Renumbered 13.871, subd 6, para (n)]
    Subd. 114.[Renumbered 13.871, subd 6, para (p)]
    Subd. 114a.[Renumbered 13.871, subd 7]
    Subd. 115.[Renumbered 13.717, subd 8]