2004 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, 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. 

    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) 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. 

    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; 2002 c 321 s 1; 1Sp2003 c 2 art 4 s 1