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13.045 SAFE AT HOME PROGRAM PARTICIPANT DATA.

Subdivision 1.Definitions.

As used in this section:

(1) "program participant" has the meaning given in section 5B.02, paragraph (g); and

(2) "identity and location data" means any data that may be used to identify or physically locate a program participant, including but not limited to the program participant's name, residential address, work address, and school address, and that is collected, received, or maintained by a government entity prior to the date a program participant's certification expires, or the date the entity receives notice that the program participant has withdrawn from the program, whichever is earlier.

Subd. 2.Notification of certification.

A program participant may submit a notice, in writing, to the responsible authority of any government entity that the participant is certified in the Safe at Home address confidentiality program pursuant to chapter 5B. The notice must include the date the program participant's certification in the program expires. A program participant may submit a subsequent notice of certification, if the participant's certification is renewed. The contents of the notification of certification, and the fact that a notice has been submitted, are private data on individuals.

Subd. 3.Classification of identity and location data; sharing and dissemination.

Identity and location data on a program participant that are not otherwise classified by law are private data on individuals. Notwithstanding any provision of law to the contrary, private or confidential identity and location data on a program participant who submits a notice under subdivision 2 may not be shared with any other government entity, or disseminated to any person, unless:

(1) the program participant has expressly consented in writing to sharing or dissemination of the data for the purpose for which the sharing or dissemination will occur;

(2) the data are subject to sharing or dissemination pursuant to court order; or

(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2.

Subd. 4.Acceptance of alternate address required.

Regardless of whether a notice of certification has been submitted under subdivision 2, a government entity must accept the address designated by the secretary of state as a program participant's address, and is subject to the requirements contained in section 5B.05.

Subd. 5.Duties of the secretary of state and other government entities limited.

Nothing in this section establishes a duty for:

(1) the Office of the Secretary of State to identify other government entities that may hold data on a program participant; or

(2) the responsible authority of any government entity to independently determine whether it maintains data on a program participant, unless a request is received pursuant to section 13.04 or a notice of certification is submitted pursuant to this section.

History:

2013 c 76 s 6

Official Publication of the State of Minnesota
Revisor of Statutes