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Minnesota Legislature

Office of the Revisor of Statutes

46.07 RECORDS.
    Subdivision 1. Department records. The commissioner of commerce shall keep all proper
records and files pertaining to the duties and work of that office.
    Subd. 2. Confidential records. The commissioner shall divulge facts and information
obtained in the course of examining financial institutions under the commissioner's supervision
only when and to the extent required or permitted by law to report upon or take special action
regarding the affairs of an institution, or ordered by a court of law to testify or produce evidence in
a civil or criminal proceeding, except that the commissioner may furnish information as to matters
of mutual interest to an official or examiner of the Federal Reserve System, the Federal Deposit
Insurance Corporation, the Federal Office of Thrift Supervision, the Federal Home Loan Bank
System, the National Credit Union Administration, comptroller of the currency, other state bank
supervisory agencies subject to cooperative agreements authorized by section 49.411, subdivision
7
, the United States Small Business Administration, for purposes of sections 53.09, subdivision 2a,
and 56.10, subdivision 1, or state and federal law enforcement agencies. The commissioner shall
not be required to disclose the name of a debtor of a financial institution under the commissioner's
supervision, or anything relative to the private accounts, ownership, or transactions of an
institution, or any fact obtained in the course of an examination thereof, except as herein provided.
For purposes of this subdivision, a subpoena is not an order of a court of law. These records are
classified confidential or protected nonpublic for purposes of the Minnesota Government Data
Practices Act and their destruction, as prescribed in section 46.21, is exempt from the provisions
of chapter 138 and Laws 1971, chapter 529, so far as their deposit with the state archives.
    Subd. 3. Complaint files. Notwithstanding the provisions of subdivision 2 to the contrary,
data gathered and maintained in relation to a complaint filed with the commissioner is private or
nonpublic pursuant to the Minnesota Government Data Practices Act.
History: (5326) 1909 c 201 s 7; 1921 c 250 s 1; 1955 c 847 s 6; 1967 c 102 s 1; 1969 c 1129
art 4 s 8; 1971 c 9 s 1; 1982 c 473 s 2; 1983 c 250 s 2; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s
92; 1Sp1985 c 13 s 176,177; 1986 c 444; 1987 c 349 art 1 s 2; 1992 c 587 art 1 s 5; 1997 c 157 s 5