13.02 COLLECTION, SECURITY, AND DISSEMINATION OF RECORDS;
Subdivision 1. Applicability.
As used in this chapter, the terms defined in this section have
the meanings given them.
Subd. 2. Commissioner.
"Commissioner" means the commissioner of the Department of
Subd. 3. Confidential data on individuals.
"Confidential data on individuals" means data
which is made not public by statute or federal law applicable to the data and is inaccessible to
the individual subject of that data.
Subd. 3a. Criminal justice agencies.
"Criminal justice agencies" means all state and local
prosecution authorities, all state and local law enforcement agencies, the Sentencing Guidelines
Commission, the Bureau of Criminal Apprehension, the Department of Corrections, and all
probation officers who are not part of the judiciary.
Subd. 4. Data not on individuals.
"Data not on individuals" means all government data
which is not data on individuals.
Subd. 5. Data on individuals.
"Data on individuals" means all government data in which
any individual is or can be identified as the subject of that data, unless the appearance of the name
or other identifying data can be clearly demonstrated to be only incidental to the data and the data
are not accessed by the name or other identifying data of any individual.
Subd. 6. Designee.
"Designee" means any person designated by a responsible authority to be
in charge of individual files or systems containing government data and to receive and comply
with requests for government data.
Subd. 7. Government data.
"Government data" means all data collected, created, received,
maintained or disseminated by any government entity regardless of its physical form, storage
media or conditions of use.
Subd. 7a. Government entity.
"Government entity" means a state agency, statewide system,
or political subdivision.
Subd. 8. Individual.
"Individual" means a natural person. In the case of a minor or an
incapacitated person as defined in section
524.5-102, subdivision 6
, "individual" includes a
parent or guardian or an individual acting as a parent or guardian in the absence of a parent or
guardian, except that the responsible authority shall withhold data from parents or guardians, or
individuals acting as parents or guardians in the absence of parents or guardians, upon request
by the minor if the responsible authority determines that withholding the data would be in the
best interest of the minor.
Subd. 8a. Not public data.
"Not public data" means any government data which is classified
by statute, federal law, or temporary classification as confidential, private, nonpublic, or protected
Subd. 9. Nonpublic data.
"Nonpublic data" means data not on individuals that is made by
statute or federal law applicable to the data: (a) not accessible to the public; and (b) accessible to
the subject, if any, of the data.
Subd. 10. Person.
"Person" means any individual, partnership, corporation, association,
business trust, or a legal representative of an organization.
Subd. 11. Political subdivision.
"Political subdivision" means any county, statutory or home
rule charter city, school district, special district, any town exercising powers under chapter 368
and located in the metropolitan area, as defined in section
473.121, subdivision 2
, and any board,
commission, district or authority created pursuant to law, local ordinance or charter provision.
It includes any nonprofit corporation which is a community action agency organized pursuant
to the Economic Opportunity Act of 1964 (Public Law 88-452) as amended, to qualify for
public funds, or any nonprofit social service agency which performs services under contract to a
government entity, to the extent that the nonprofit social service agency or nonprofit corporation
collects, stores, disseminates, and uses data on individuals because of a contractual relationship
with a government entity.
Subd. 12. Private data on individuals.
"Private data on individuals" means data which
is made by statute or federal law applicable to the data: (a) not public; and (b) accessible to
the individual subject of that data.
Subd. 13. Protected nonpublic data.
"Protected nonpublic data" means data not on
individuals which is made by statute or federal law applicable to the data (a) not public and
(b) not accessible to the subject of the data.
Subd. 14. Public data not on individuals.
"Public data not on individuals" means data
which is accessible to the public pursuant to section
Subd. 15. Public data on individuals.
"Public data on individuals" means data which is
accessible to the public in accordance with the provisions of section
Subd. 16. Responsible authority.
"Responsible authority" in a state agency or statewide
system means the state official designated by law or by the commissioner as the individual
responsible for the collection, use and dissemination of any set of data on individuals, government
data, or summary data. "Responsible authority" in any political subdivision means the individual
designated by the governing body of that political subdivision as the individual responsible for the
collection, use, and dissemination of any set of data on individuals, government data, or summary
data, unless otherwise provided by state law.
Subd. 17. State agency.
"State agency" means the state, the University of Minnesota, and
any office, officer, department, division, bureau, board, commission, authority, district or agency
of the state.
Subd. 18. Statewide system.
"Statewide system" includes any record keeping system in
which government data is collected, stored, disseminated and used by means of a system common
to one or more state agencies or more than one of its political subdivisions or any combination
of state agencies and political subdivisions.
Subd. 19. Summary data.
"Summary data" means statistical records and reports derived
from data on individuals but in which individuals are not identified and from which neither their
identities nor any other characteristic that could uniquely identify an individual is ascertainable.
History: 1974 c 479 s 1; 1975 c 401 s 1; 1976 c 239 s 2; 1976 c 283 s 1-5; 1977 c 375 s 1-5;
1978 c 790 s 1; 1979 c 328 s 2-6; 1980 c 603 s 1-6; 1980 c 618 s 25; 1981 c 311 s 2-6,39; 1982 c
545 s 1,24; 1984 c 436 s 1; 1989 c 351 s 2; 1996 c 440 art 1 s 1; 1999 c 227 s 22; 2000 c 468 s 3;
2001 c 202 s 1; 2005 c 163 s 5; 2007 c 129 s 1,2