2001 Minnesota Statutes

     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 and the offense of which the individual 
 was convicted are public data for 15 years following the 
 discharge of the sentence imposed for the offense. 

    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 state agencies, political 
 subdivisions or statewide systems pursuant to sections 624.712 
 to 624.719 are classified as private, pursuant to section 13.02, 
 subdivision 12.  

    Subd. 3.    Internet access.  (a) Notwithstanding 
 section 13.03, subdivision 3, paragraph (a), the bureau of 
 criminal apprehension may charge a fee for Internet access to 
 public criminal history data provided through August 1, 2003.  
 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.  

    (b) 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.  

    (c) The Web site must include the effective date of data 
 that is posted.  

    (d) 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. 

    (e) A person who intends to access the Web site to obtain 
 information regarding an applicant for employment, housing, or 
 credit should disclose to the applicant the intention to do so.  
 The Web site must include a notice that a person obtaining such 
 access should notify the applicant that a background check using 
 this Web site may be conducted.  This paragraph does not create 
 a civil cause of action on behalf of the data subject. 

    HIST: 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