1998 Minnesota Statutes

     13.08 Civil remedies. 

    Subdivision 1.    Action for damages.  Notwithstanding 
 section 466.03, a political subdivision, responsible authority, 
 statewide system, or state agency which violates any provision 
 of this chapter is liable to a person or representative of a 
 decedent who suffers any damage as a result of the violation, 
 and the person damaged or a representative in the case of 
 private data on decedents or confidential data on decedents may 
 bring an action against the political subdivision, responsible 
 authority, statewide system or state agency to cover any damages 
 sustained, plus costs and reasonable attorney fees.  In the case 
 of a willful violation, the political subdivision, statewide 
 system or state agency shall, in addition, be liable to 
 exemplary damages of not less than $100, nor more than $10,000 
 for each violation.  The state is deemed to have waived any 
 immunity to a cause of action brought under this chapter. 

    Subd. 2.    Injunction.  A political subdivision, 
 responsible authority, statewide system or state agency which 
 violates or proposes to violate this chapter may be enjoined by 
 the district court.  The court may make any order or judgment as 
 may be necessary to prevent the use or employment by any person 
 of any practices which violate this chapter. 

    Subd. 3.    Venue.  An action filed pursuant to this 
 section may be commenced in the county in which the individual 
 alleging damage or seeking relief resides, or in the county 
 wherein the political subdivision exists, or, in the case of the 
 state, any county. 

    Subd. 4.    Action to compel compliance.  In addition 
 to the remedies provided in subdivisions 1 to 3 or any other 
 law, any aggrieved person may bring an action in district court 
 to compel compliance with this chapter and may recover costs and 
 disbursements, including reasonable attorney's fees, as 
 determined by the court.  If the court determines that an action 
 brought under this subdivision is frivolous and without merit 
 and a basis in fact, it may award reasonable costs and attorney 
 fees to the responsible authority.  The matter shall be heard as 
 soon as possible.  In an action involving a request for 
 government data under section 13.03 or 13.04, the court may 
 inspect in camera the government data in dispute, but shall 
 conduct its hearing in public and in a manner that protects the 
 security of data classified as not public. 

    Subd. 5.    Immunity from liability.  A state agency, 
 statewide system, political subdivision, or person that releases 
 not public data pursuant to an order under section 13.03, 
 subdivision 6 is immune from civil and criminal liability.  

    Subd. 6.    Immunity from liability; personnel settlement. 
  No cause of action may arise as a result of the release of 
 data contained in a termination or personnel settlement 
 agreement if the data were not public data as defined in section 
 13.02, at the time the agreement was executed but become public 
 data under a law enacted after execution. 

    HIST: 1974 c 479 s 5; 1975 c 401 s 5; 1976 c 239 s 4,5; 1979 c 
 328 s 14; 1980 c 603 s 13; 1981 c 311 s 39; 1Sp1981 c 4 art 1 s 
 8-10; 1982 c 545 s 24; 1985 c 298 s 5,6; 1986 c 444; 1991 c 319 
 s 30