13.87 CRIMINAL JUSTICE DATA.
Subdivision 1. Criminal history data.
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.
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.
Nothing in paragraph (a) or (b) shall limit public access to data made public
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
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
This subdivision was also amended by Laws 2006, chapter 253, section 5, to read
"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."