Bill Text: MN HF183 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Data practices; penalties and procedures related to unauthorized access to data by a public employee enhanced, and data submission by law enforcement agencies to Comprehensive Incident Based Reporting System (CIBRS) provided to be public.
Spectrum: Slight Partisan Bill (Republican 15-8)
Status: (Passed) 2014-05-21 - Secretary of State Chapter 284 [HF183 Detail]
Download: Minnesota-2013-HF183-Engrossed.html
1.2relating to data practices; enhancing certain penalties and procedures related
1.3to unauthorized access to data by a public employee; requiring disclosure of
1.4certain data related to use of the CIBRS law enforcement database;amending
1.5Minnesota Statutes 2012, sections 13.05, subdivision 5; 13.055; 13.09; 299C.40,
1.6subdivision 4.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 13.05, subdivision 5, is amended to read:
1.9 Subd. 5. Data protection. (a) The responsible authority shall:
1.10 (1) establish procedures to assure that all data on individuals is accurate, complete,
1.11and current for the purposes for which it was collected;and
1.12 (2) establish appropriate security safeguards for all records containing data on
1.13individuals, including procedures for ensuring that data that are not public are only
1.14accessible to persons whose work assignment reasonably requires access to the data, and
1.15is only being accessed by those persons for purposes described in the procedure; and
1.16(3) develop a policy incorporating these procedures, which may include a model
1.17policy governing access to the data if sharing of the data with other government entities is
1.18authorized by law.
1.19(b) When not public data is being disposed of, the data must be destroyed in a way
1.20that prevents its contents from being determined.
1.21 Sec. 2. Minnesota Statutes 2012, section 13.055, is amended to read:
1.2213.055STATE AGENCIES; DISCLOSURE OF BREACH IN SECURITY;
1.23NOTIFICATION AND INVESTIGATION REPORT REQUIRED.
2.1 Subdivision 1. Definitions. For purposes of this section, the following terms have
2.2the meanings given to them.
2.3(a) "Breach of the security of the data" means unauthorized acquisition of data
2.4maintained by astate agency government entity that compromises the security and
2.5classification of the data. Good faith acquisition of or access to government data by an
2.6employee, contractor, or agent of astate agency government entity for the purposes of
2.7thestate agency entity is not a breach of the security of the data, if the government data
2.8is not provided to or viewable by an unauthorized person, or accessed for a purpose not
2.9described in the procedures required by section 13.05, subdivision 5. For purposes of this
2.10paragraph, data maintained by a government entity includes data maintained by a person
2.11under a contract with the government entity that provides for the acquisition of or access
2.12to the data by an employee, contractor, or agent of the government entity.
2.13(b) "Contact information" means either name and mailing address or name and
2.14e-mail address for each individual who is the subject of data maintained by thestate
2.15agency government entity.
2.16(c) "Unauthorized acquisition" means that a person has obtained, accessed, or viewed
2.17 government data without the informed consent of the individuals who are the subjects of the
2.18data or statutory authority and with the intent to use the data for nongovernmental purposes.
2.19(d) "Unauthorized person" means any person who accesses government datawithout
2.20permission or without a work assignment that reasonably requires the person to have
2.21 accessto the data, or regardless of the person's work assignment, for a purpose not
2.22described in the procedures required by section 13.05, subdivision 5.
2.23 Subd. 2. Notice to individuals; investigation report. (a) Astate agency
2.24 government entity that collects, creates, receives, maintains, or disseminates private or
2.25confidential data on individuals must disclose any breach of the security of the data
2.26following discovery or notification of the breach. Written notification must be made to
2.27any individual who is the subject of the data and whose private or confidential data was, or
2.28is reasonably believed to have been, acquired by an unauthorized person and must inform
2.29the individual that a report will be prepared under paragraph (b), how the individual may
2.30obtain access to the report, and that the individual may request delivery of the report by
2.31mail or e-mail. The disclosure must be made in the most expedient time possible and
2.32without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement
2.33agency as provided in subdivision 3; or (2) any measures necessary to determine the scope
2.34of the breach and restore the reasonable security of the data.
2.35(b) Notwithstanding section 13.15 or 13.37, upon completion of an investigation
2.36into any breach in the security of data and final disposition of any disciplinary action
3.1for purposes of section 13.43, including exhaustion of all rights of appeal under any
3.2applicable collective bargaining agreement, the responsible authority shall prepare a
3.3report on the facts and results of the investigation. If the breach involves unauthorized
3.4access to or acquisition of data by an employee, contractor, or agent of the government
3.5entity, the report must at a minimum include:
3.6(1) a description of the type of data that were accessed or acquired;
3.7(2) the number of individuals whose data was improperly accessed or acquired;
3.8(3) if there has been final disposition of disciplinary action for purposes of section
3.913.43, the name of each employee determined to be responsible for the unauthorized
3.10access or acquisition, unless the employee was performing duties under chapter 5B; and
3.11(4) the final disposition of any disciplinary action taken against each employee in
3.12response.
3.13 Subd. 3. Delayed notice. The notification required by this section may be delayed if
3.14a law enforcement agency determines that the notification will impede an active criminal
3.15investigation. The notification required by this section must be made after the law
3.16enforcement agency determines that it will not compromise the investigation.
3.17 Subd. 4. Method of notice. Notice under this section may be provided by one of
3.18the following methods:
3.19(a) written notice by first class mail to each affected individual;
3.20(b) electronic notice to each affected individual, if the notice provided is consistent
3.21with the provisions regarding electronic records and signatures as set forth in United
3.22States Code, title 15, section 7001; or
3.23(c) substitute notice, if thestate agency government entity demonstrates that the cost
3.24of providing the written notice required by paragraph (a) would exceed $250,000, or
3.25that the affected class of individuals to be notified exceeds 500,000, or thestate agency
3.26 government entity does not have sufficient contact information. Substitute notice consists
3.27of all of the following:
3.28(i) e-mail notice if thestate agency government entity has an e-mail address for
3.29the affected individuals;
3.30(ii) conspicuous posting of the notice on the Web site page of thestate agency
3.31 government entity, if thestate agency government entity maintains a Web site; and
3.32(iii) notification to major media outlets that reach the general public within the
3.33government entity's jurisdiction.
3.34 Subd. 5. Coordination with consumer reporting agencies. If thestate agency
3.35 government entity discovers circumstances requiring notification under this section of
3.36more than 1,000 individuals at one time, thestate agency government entity must also
4.1notify, without unreasonable delay, all consumer reporting agencies that compile and
4.2maintain files on consumers on a nationwide basis, as defined in United States Code, title
4.315, section 1681a, of the timing, distribution, and content of the notices.
4.4 Subd. 6. Security assessments. At least annually, each government entity shall
4.5conduct a comprehensive security assessment of any personal information maintained
4.6by the government entity. For the purposes of this subdivision, personal information is
4.7defined under section 325E.61, subdivision 1, paragraphs (e) and (f).
4.8 Subd. 7. Access to data for audit purposes. Nothing in this section or section
4.913.05, subdivision 5, restricts access to not public data by the legislative auditor or state
4.10auditor in the performance of official duties.
4.11EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
4.12security breaches occurring on or after that date.
4.13 Sec. 3. Minnesota Statutes 2012, section 13.09, is amended to read:
4.1413.09 PENALTIES.
4.15(a) Any person who willfully violates the provisions of this chapter or any rules
4.16adopted under this chapter or whose conduct constitutes the knowing unauthorized
4.17acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a
4.18misdemeanor.
4.19(b) Willful violation of this chapterby, including any action subject to a criminal
4.20penalty under paragraph (a), by any public employee constitutes just cause for suspension
4.21without pay or dismissal of the public employee.
4.22EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
4.23committed on or after that date.
4.24 Sec. 4. Minnesota Statutes 2012, section 299C.40, subdivision 4, is amended to read:
4.25 Subd. 4. Data classification; general rule; changes in classification; audit trail.
4.26(a) The classification of data in the law enforcement agency does not change after the data
4.27is submitted to CIBRS. If CIBRS is the only source of data made public by section13.82,
4.28subdivisions 2, 3, 6, and 7 , data described in those subdivisions must be downloaded and
4.29made available to the public as required by section13.03 .
4.30(b) Data on individuals created, collected, received, maintained, or disseminated
4.31by CIBRS is classified as confidential data on individuals as defined in section13.02,
4.32subdivision 3 , and becomes private data on individuals as defined in section
13.02,
4.33subdivision 12 , as provided by this section.
5.1(c) Data not on individuals created, collected, received, maintained, or disseminated
5.2by CIBRS is classified as protected nonpublic data as defined in section13.02, subdivision
5.313 , and becomes nonpublic data as defined in section
13.02, subdivision 9 , as provided
5.4by this section.
5.5(d) Confidential or protected nonpublic data created, collected, received, maintained,
5.6or disseminated by CIBRS must automatically change classification from confidential
5.7data to private data or from protected nonpublic data to nonpublic data on the earlier of
5.8the following dates:
5.9(1) upon receipt by CIBRS of notice from a law enforcement agency that an
5.10investigation has become inactive; or
5.11(2) when the data has not been updated by the law enforcement agency that
5.12submitted it for a period of 120 days.
5.13(e) For the purposes of this section, an investigation becomes inactive upon the
5.14occurrence of any of the events listed in section13.82, subdivision 7 , clauses (a) to (c).
5.15(f) Ten days before making a data classification change because data has not been
5.16updated, CIBRS must notify the law enforcement agency that submitted the data that a
5.17classification change will be made on the 120th day. The notification must inform the law
5.18enforcement agency that the data will retain its classification as confidential or protected
5.19nonpublic data if the law enforcement agency updates the data or notifies CIBRS that the
5.20investigation is still active before the 120th day. A new 120-day period begins if the data
5.21is updated or if a law enforcement agency notifies CIBRS that an active investigation
5.22is continuing.
5.23(g) A law enforcement agency that submits data to CIBRS must notify CIBRS if an
5.24investigation has become inactive so that the data is classified as private data or nonpublic
5.25data. The law enforcement agency must provide this notice to CIBRS within ten days
5.26after an investigation becomes inactive.
5.27(h) All queries and responses and all actions in which data is submitted to CIBRS,
5.28changes classification, or is disseminated by CIBRS to any law enforcement agency
5.29must be recorded in the CIBRS audit trail.
5.30(i) Notwithstanding paragraphs (b) and (c), the name of each law enforcement
5.31agency that submits data to CIBRS, and a general description of the types of data
5.32submitted by the agency, are public.
1.3to unauthorized access to data by a public employee; requiring disclosure of
1.4certain data related to use of the CIBRS law enforcement database;amending
1.5Minnesota Statutes 2012, sections 13.05, subdivision 5; 13.055; 13.09; 299C.40,
1.6subdivision 4.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 13.05, subdivision 5, is amended to read:
1.9 Subd. 5. Data protection. (a) The responsible authority shall:
1.10 (1) establish procedures to assure that all data on individuals is accurate, complete,
1.11and current for the purposes for which it was collected;
1.12 (2) establish appropriate security safeguards for all records containing data on
1.13individuals, including procedures for ensuring that data that are not public are only
1.14accessible to persons whose work assignment reasonably requires access to the data, and
1.15is only being accessed by those persons for purposes described in the procedure; and
1.16(3) develop a policy incorporating these procedures, which may include a model
1.17policy governing access to the data if sharing of the data with other government entities is
1.18authorized by law.
1.19(b) When not public data is being disposed of, the data must be destroyed in a way
1.20that prevents its contents from being determined.
1.21 Sec. 2. Minnesota Statutes 2012, section 13.055, is amended to read:
1.2213.055
1.23NOTIFICATION AND INVESTIGATION REPORT REQUIRED.
2.1 Subdivision 1. Definitions. For purposes of this section, the following terms have
2.2the meanings given to them.
2.3(a) "Breach of the security of the data" means unauthorized acquisition of data
2.4maintained by a
2.5classification of the data. Good faith acquisition of or access to government data by an
2.6employee, contractor, or agent of a
2.7the
2.8is not provided to or viewable by an unauthorized person, or accessed for a purpose not
2.9described in the procedures required by section 13.05, subdivision 5. For purposes of this
2.10paragraph, data maintained by a government entity includes data maintained by a person
2.11under a contract with the government entity that provides for the acquisition of or access
2.12to the data by an employee, contractor, or agent of the government entity.
2.13(b) "Contact information" means either name and mailing address or name and
2.14e-mail address for each individual who is the subject of data maintained by the
2.15
2.16(c) "Unauthorized acquisition" means that a person has obtained, accessed, or viewed
2.17 government data without the informed consent of the individuals who are the subjects of the
2.18data or statutory authority and with the intent to use the data for nongovernmental purposes.
2.19(d) "Unauthorized person" means any person who accesses government data
2.20
2.21 access
2.22described in the procedures required by section 13.05, subdivision 5.
2.23 Subd. 2. Notice to individuals; investigation report. (a) A
2.24 government entity that collects, creates, receives, maintains, or disseminates private or
2.25confidential data on individuals must disclose any breach of the security of the data
2.26following discovery or notification of the breach. Written notification must be made to
2.27any individual who is the subject of the data and whose private or confidential data was, or
2.28is reasonably believed to have been, acquired by an unauthorized person and must inform
2.29the individual that a report will be prepared under paragraph (b), how the individual may
2.30obtain access to the report, and that the individual may request delivery of the report by
2.31mail or e-mail. The disclosure must be made in the most expedient time possible and
2.32without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement
2.33agency as provided in subdivision 3; or (2) any measures necessary to determine the scope
2.34of the breach and restore the reasonable security of the data.
2.35(b) Notwithstanding section 13.15 or 13.37, upon completion of an investigation
2.36into any breach in the security of data and final disposition of any disciplinary action
3.1for purposes of section 13.43, including exhaustion of all rights of appeal under any
3.2applicable collective bargaining agreement, the responsible authority shall prepare a
3.3report on the facts and results of the investigation. If the breach involves unauthorized
3.4access to or acquisition of data by an employee, contractor, or agent of the government
3.5entity, the report must at a minimum include:
3.6(1) a description of the type of data that were accessed or acquired;
3.7(2) the number of individuals whose data was improperly accessed or acquired;
3.8(3) if there has been final disposition of disciplinary action for purposes of section
3.913.43, the name of each employee determined to be responsible for the unauthorized
3.10access or acquisition, unless the employee was performing duties under chapter 5B; and
3.11(4) the final disposition of any disciplinary action taken against each employee in
3.12response.
3.13 Subd. 3. Delayed notice. The notification required by this section may be delayed if
3.14a law enforcement agency determines that the notification will impede an active criminal
3.15investigation. The notification required by this section must be made after the law
3.16enforcement agency determines that it will not compromise the investigation.
3.17 Subd. 4. Method of notice. Notice under this section may be provided by one of
3.18the following methods:
3.19(a) written notice by first class mail to each affected individual;
3.20(b) electronic notice to each affected individual, if the notice provided is consistent
3.21with the provisions regarding electronic records and signatures as set forth in United
3.22States Code, title 15, section 7001; or
3.23(c) substitute notice, if the
3.24of providing the written notice required by paragraph (a) would exceed $250,000, or
3.25that the affected class of individuals to be notified exceeds 500,000, or the
3.26 government entity does not have sufficient contact information. Substitute notice consists
3.27of all of the following:
3.28(i) e-mail notice if the
3.29the affected individuals;
3.30(ii) conspicuous posting of the notice on the Web site page of the
3.31 government entity, if the
3.32(iii) notification to major media outlets that reach the general public within the
3.33government entity's jurisdiction.
3.34 Subd. 5. Coordination with consumer reporting agencies. If the
3.35 government entity discovers circumstances requiring notification under this section of
3.36more than 1,000 individuals at one time, the
4.1notify, without unreasonable delay, all consumer reporting agencies that compile and
4.2maintain files on consumers on a nationwide basis, as defined in United States Code, title
4.315, section 1681a, of the timing, distribution, and content of the notices.
4.4 Subd. 6. Security assessments. At least annually, each government entity shall
4.5conduct a comprehensive security assessment of any personal information maintained
4.6by the government entity. For the purposes of this subdivision, personal information is
4.7defined under section 325E.61, subdivision 1, paragraphs (e) and (f).
4.8 Subd. 7. Access to data for audit purposes. Nothing in this section or section
4.913.05, subdivision 5, restricts access to not public data by the legislative auditor or state
4.10auditor in the performance of official duties.
4.11EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
4.12security breaches occurring on or after that date.
4.13 Sec. 3. Minnesota Statutes 2012, section 13.09, is amended to read:
4.1413.09 PENALTIES.
4.15(a) Any person who willfully violates the provisions of this chapter or any rules
4.16adopted under this chapter or whose conduct constitutes the knowing unauthorized
4.17acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a
4.18misdemeanor.
4.19(b) Willful violation of this chapter
4.20penalty under paragraph (a), by any public employee constitutes just cause for suspension
4.21without pay or dismissal of the public employee.
4.22EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
4.23committed on or after that date.
4.24 Sec. 4. Minnesota Statutes 2012, section 299C.40, subdivision 4, is amended to read:
4.25 Subd. 4. Data classification; general rule; changes in classification; audit trail.
4.26(a) The classification of data in the law enforcement agency does not change after the data
4.27is submitted to CIBRS. If CIBRS is the only source of data made public by section
4.28subdivisions 2, 3, 6, and 7
4.29made available to the public as required by section
4.30(b) Data on individuals created, collected, received, maintained, or disseminated
4.31by CIBRS is classified as confidential data on individuals as defined in section
4.32subdivision 3
4.33subdivision 12
5.1(c) Data not on individuals created, collected, received, maintained, or disseminated
5.2by CIBRS is classified as protected nonpublic data as defined in section
5.313
5.4by this section.
5.5(d) Confidential or protected nonpublic data created, collected, received, maintained,
5.6or disseminated by CIBRS must automatically change classification from confidential
5.7data to private data or from protected nonpublic data to nonpublic data on the earlier of
5.8the following dates:
5.9(1) upon receipt by CIBRS of notice from a law enforcement agency that an
5.10investigation has become inactive; or
5.11(2) when the data has not been updated by the law enforcement agency that
5.12submitted it for a period of 120 days.
5.13(e) For the purposes of this section, an investigation becomes inactive upon the
5.14occurrence of any of the events listed in section
5.15(f) Ten days before making a data classification change because data has not been
5.16updated, CIBRS must notify the law enforcement agency that submitted the data that a
5.17classification change will be made on the 120th day. The notification must inform the law
5.18enforcement agency that the data will retain its classification as confidential or protected
5.19nonpublic data if the law enforcement agency updates the data or notifies CIBRS that the
5.20investigation is still active before the 120th day. A new 120-day period begins if the data
5.21is updated or if a law enforcement agency notifies CIBRS that an active investigation
5.22is continuing.
5.23(g) A law enforcement agency that submits data to CIBRS must notify CIBRS if an
5.24investigation has become inactive so that the data is classified as private data or nonpublic
5.25data. The law enforcement agency must provide this notice to CIBRS within ten days
5.26after an investigation becomes inactive.
5.27(h) All queries and responses and all actions in which data is submitted to CIBRS,
5.28changes classification, or is disseminated by CIBRS to any law enforcement agency
5.29must be recorded in the CIBRS audit trail.
5.30(i) Notwithstanding paragraphs (b) and (c), the name of each law enforcement
5.31agency that submits data to CIBRS, and a general description of the types of data
5.32submitted by the agency, are public.
