Bill Text: MN HF183 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 to
1.3unauthorized access to data by a public employee; amending Minnesota Statutes
1.42012, sections 13.05, subdivision 5; 13.055; 13.09; 299C.40, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.05, subdivision 5, is amended to read:
1.7 Subd. 5. Data protection. (a) The responsible authority shall:
1.8 (1) establish procedures to assure that all data on individuals is accurate, complete,
1.9and current for the purposes for which it was collected;and
1.10 (2) establish appropriate security safeguards for all records containing data on
1.11individuals, including procedures for ensuring that data that are not public are only
1.12accessible to persons whose work assignment reasonably requires access to the data, and
1.13is only being accessed by those persons for purposes described in the procedure; and
1.14(3) develop a policy incorporating these procedures, which may include a model
1.15policy governing access to the data if sharing of the data with other government entities is
1.16authorized by law.
1.17(b) When not public data is being disposed of, the data must be destroyed in a way
1.18that prevents its contents from being determined.
1.19 Sec. 2. Minnesota Statutes 2012, section 13.055, is amended to read:
1.2013.055STATE AGENCIES; DISCLOSURE OF BREACH IN SECURITY;
1.21NOTIFICATION AND INVESTIGATION REPORT REQUIRED.
1.22 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.23the meanings given to them.
2.1(a) "Breach of the security of the data" means unauthorized acquisition of or access
2.2to data maintained by astate agency government entity that compromises the security and
2.3classification of the data. Good faith acquisition of or access to government data by an
2.4employee, contractor, or agent of astate agency government entity for the purposes of
2.5thestate agency entity is not a breach of the security of the data, if the government data
2.6is not provided to or viewable by an unauthorized person, or accessed for a purpose not
2.7described in the procedures required by section 13.05, subdivision 5. For purposes of this
2.8paragraph, data maintained by a government entity includes data maintained by a person
2.9under a contract with the government entity that provides for the acquisition of or access
2.10to the data by an employee, contractor, or agent of the government entity.
2.11(b) "Contact information" means either name and mailing address or name and
2.12e-mail address for each individual who is the subject of data maintained by thestate
2.13agency government entity.
2.14(c) "Unauthorized acquisition" means that a person has obtained or viewed
2.15 government data without the informed consent of the individuals who are the subjects of the
2.16data or statutory authority and with the intent to use the data for nongovernmental purposes.
2.17(d) "Unauthorized person" means any person who accesses government datawithout
2.18permission or without a work assignment that reasonably requires the person to have
2.19 accessto the data, or regardless of the person's work assignment, for a purpose not
2.20described in the procedures required by section 13.05, subdivision 5.
2.21 Subd. 2. Notice to individuals; investigation report. (a) Astate agency
2.22 government entity that collects, creates, receives, maintains, or disseminates private or
2.23confidential data on individuals must disclose any breach of the security of the data
2.24following discovery or notification of the breach. Notification must be made to any
2.25individual who is the subject of the data and whose private or confidential data was, or is
2.26reasonably believed to have been, acquired by an unauthorized person and must inform
2.27the individual that a report will be prepared under paragraph (b), how the individual may
2.28obtain access to the report, and that the individual may request delivery of the report by
2.29mail or e-mail. The disclosure must be made in the most expedient time possible and
2.30without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement
2.31agency as provided in subdivision 3; or (2) any measures necessary to determine the scope
2.32of the breach and restore the reasonable security of the data.
2.33(b) Upon completion of an investigation into any breach in the security of data,
2.34including exhaustion of all rights of appeal under any applicable collective bargaining
2.35agreement or other law, the responsible authority shall prepare a report on the facts and
2.36results of the investigation. If the breach involves unauthorized access to or acquisition of
3.1data by an employee, contractor, or agent of the government entity, the report must at a
3.2minimum include:
3.3(1) a description of the data that were accessed or acquired; and
3.4(2) if disciplinary action was taken against an employee:
3.5(i) the number of individuals whose data was improperly accessed or acquired;
3.6(ii) the name of each employee determined responsible for the unauthorized access
3.7or acquisition; and
3.8(iii) the final disposition of the disciplinary action taken against the employee in
3.9response.
3.10 (c) The report must not include data that are not public under other law.
3.11 Subd. 3. Delayed notice. The notification required by this section may be delayed if
3.12a law enforcement agency determines that the notification will impede an active criminal
3.13investigation. The notification required by this section must be made after the law
3.14enforcement agency determines that it will not compromise the investigation.
3.15 Subd. 4. Method of notice. Notice under this section may be provided by one of
3.16the following methods:
3.17(a) written notice by first class mail to each affected individual;
3.18(b) electronic notice to each affected individual, if the notice provided is consistent
3.19with the provisions regarding electronic records and signatures as set forth in United
3.20States Code, title 15, section 7001; or
3.21(c) substitute notice, if thestate agency government entity demonstrates that the cost
3.22of providing the written notice required by paragraph (a) would exceed $250,000, or
3.23that the affected class of individuals to be notified exceeds 500,000, or thestate agency
3.24 government entity does not have sufficient contact information. Substitute notice consists
3.25of all of the following:
3.26(i) e-mail notice if thestate agency government entity has an e-mail address for
3.27the affected individuals;
3.28(ii) conspicuous posting of the notice on the Web site page of thestate agency
3.29 government entity, if thestate agency government entity maintains a Web site; and
3.30(iii) notification to major media outlets that reach the general public within the
3.31government entity's jurisdiction.
3.32 Subd. 5. Coordination with consumer reporting agencies. If thestate agency
3.33 government entity discovers circumstances requiring notification under this section of
3.34more than 1,000 individuals at one time, thestate agency government entity must also
3.35notify, without unreasonable delay, all consumer reporting agencies that compile and
4.1maintain files on consumers on a nationwide basis, as defined in United States Code, title
4.215, section 1681a, of the timing, distribution, and content of the notices.
4.3 Subd. 6. Security assessments. At least annually, each government entity shall
4.4conduct a comprehensive security assessment of any personal information maintained
4.5by the government entity. For the purposes of this subdivision, personal information is
4.6defined under section 325E.61, subdivision 1, paragraphs (e) and (f).
4.7EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
4.8security breaches occurring on or after that date.
4.9 Sec. 3. Minnesota Statutes 2012, section 13.09, is amended to read:
4.1013.09 PENALTIES.
4.11(a) Any person who willfully violates the provisions of this chapter or any rules
4.12adopted under this chapter or whose conduct constitutes the knowing unauthorized
4.13acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a
4.14misdemeanor.
4.15(b) Willful violation of this chapterby, including any action subject to a criminal
4.16penalty under paragraph (a), by any public employee constitutes just cause for suspension
4.17without pay or dismissal of the public employee.
4.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
4.19committed on or after that date.
4.20 Sec. 4. Minnesota Statutes 2012, section 299C.40, subdivision 4, is amended to read:
4.21 Subd. 4. Data classification; general rule; changes in classification; audit trail.
4.22(a) The classification of data in the law enforcement agency does not change after the data
4.23is submitted to CIBRS. If CIBRS is the only source of data made public by section13.82,
4.24subdivisions 2, 3, 6, and 7 , data described in those subdivisions must be downloaded and
4.25made available to the public as required by section13.03 .
4.26(b) Data on individuals created, collected, received, maintained, or disseminated
4.27by CIBRS is classified as confidential data on individuals as defined in section13.02,
4.28subdivision 3 , and becomes private data on individuals as defined in section
13.02,
4.29subdivision 12 , as provided by this section.
4.30(c) Data not on individuals created, collected, received, maintained, or disseminated
4.31by CIBRS is classified as protected nonpublic data as defined in section13.02, subdivision
4.3213 , and becomes nonpublic data as defined in section
13.02, subdivision 9 , as provided
4.33by this section.
5.1(d) Confidential or protected nonpublic data created, collected, received, maintained,
5.2or disseminated by CIBRS must automatically change classification from confidential
5.3data to private data or from protected nonpublic data to nonpublic data on the earlier of
5.4the following dates:
5.5(1) upon receipt by CIBRS of notice from a law enforcement agency that an
5.6investigation has become inactive; or
5.7(2) when the data has not been updated by the law enforcement agency that
5.8submitted it for a period of 120 days.
5.9(e) For the purposes of this section, an investigation becomes inactive upon the
5.10occurrence of any of the events listed in section13.82, subdivision 7 , clauses (a) to (c).
5.11(f) Ten days before making a data classification change because data has not been
5.12updated, CIBRS must notify the law enforcement agency that submitted the data that a
5.13classification change will be made on the 120th day. The notification must inform the law
5.14enforcement agency that the data will retain its classification as confidential or protected
5.15nonpublic data if the law enforcement agency updates the data or notifies CIBRS that the
5.16investigation is still active before the 120th day. A new 120-day period begins if the data
5.17is updated or if a law enforcement agency notifies CIBRS that an active investigation
5.18is continuing.
5.19(g) A law enforcement agency that submits data to CIBRS must notify CIBRS if an
5.20investigation has become inactive so that the data is classified as private data or nonpublic
5.21data. The law enforcement agency must provide this notice to CIBRS within ten days
5.22after an investigation becomes inactive.
5.23(h) All queries and responses and all actions in which data is submitted to CIBRS,
5.24changes classification, or is disseminated by CIBRS to any law enforcement agency
5.25must be recorded in the CIBRS audit trail.
5.26(i) Notwithstanding paragraphs (b) and (c), the name of each law enforcement
5.27agency that submits data to CIBRS, and a general description of the types of data
5.28submitted by the agency, are public.
1.3unauthorized access to data by a public employee; amending Minnesota Statutes
1.42012, sections 13.05, subdivision 5; 13.055; 13.09; 299C.40, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.05, subdivision 5, is amended to read:
1.7 Subd. 5. Data protection. (a) The responsible authority shall:
1.8 (1) establish procedures to assure that all data on individuals is accurate, complete,
1.9and current for the purposes for which it was collected;
1.10 (2) establish appropriate security safeguards for all records containing data on
1.11individuals, including procedures for ensuring that data that are not public are only
1.12accessible to persons whose work assignment reasonably requires access to the data, and
1.13is only being accessed by those persons for purposes described in the procedure; and
1.14(3) develop a policy incorporating these procedures, which may include a model
1.15policy governing access to the data if sharing of the data with other government entities is
1.16authorized by law.
1.17(b) When not public data is being disposed of, the data must be destroyed in a way
1.18that prevents its contents from being determined.
1.19 Sec. 2. Minnesota Statutes 2012, section 13.055, is amended to read:
1.2013.055
1.21NOTIFICATION AND INVESTIGATION REPORT REQUIRED.
1.22 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.23the meanings given to them.
2.1(a) "Breach of the security of the data" means unauthorized acquisition of or access
2.2to data maintained by a
2.3classification of the data. Good faith acquisition of or access to government data by an
2.4employee, contractor, or agent of a
2.5the
2.6is not provided to or viewable by an unauthorized person, or accessed for a purpose not
2.7described in the procedures required by section 13.05, subdivision 5. For purposes of this
2.8paragraph, data maintained by a government entity includes data maintained by a person
2.9under a contract with the government entity that provides for the acquisition of or access
2.10to the data by an employee, contractor, or agent of the government entity.
2.11(b) "Contact information" means either name and mailing address or name and
2.12e-mail address for each individual who is the subject of data maintained by the
2.13
2.14(c) "Unauthorized acquisition" means that a person has obtained or viewed
2.15 government data without the informed consent of the individuals who are the subjects of the
2.16data or statutory authority and with the intent to use the data for nongovernmental purposes.
2.17(d) "Unauthorized person" means any person who accesses government data
2.18
2.19 access
2.20described in the procedures required by section 13.05, subdivision 5.
2.21 Subd. 2. Notice to individuals; investigation report. (a) A
2.22 government entity that collects, creates, receives, maintains, or disseminates private or
2.23confidential data on individuals must disclose any breach of the security of the data
2.24following discovery or notification of the breach. Notification must be made to any
2.25individual who is the subject of the data and whose private or confidential data was, or is
2.26reasonably believed to have been, acquired by an unauthorized person and must inform
2.27the individual that a report will be prepared under paragraph (b), how the individual may
2.28obtain access to the report, and that the individual may request delivery of the report by
2.29mail or e-mail. The disclosure must be made in the most expedient time possible and
2.30without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement
2.31agency as provided in subdivision 3; or (2) any measures necessary to determine the scope
2.32of the breach and restore the reasonable security of the data.
2.33(b) Upon completion of an investigation into any breach in the security of data,
2.34including exhaustion of all rights of appeal under any applicable collective bargaining
2.35agreement or other law, the responsible authority shall prepare a report on the facts and
2.36results of the investigation. If the breach involves unauthorized access to or acquisition of
3.1data by an employee, contractor, or agent of the government entity, the report must at a
3.2minimum include:
3.3(1) a description of the data that were accessed or acquired; and
3.4(2) if disciplinary action was taken against an employee:
3.5(i) the number of individuals whose data was improperly accessed or acquired;
3.6(ii) the name of each employee determined responsible for the unauthorized access
3.7or acquisition; and
3.8(iii) the final disposition of the disciplinary action taken against the employee in
3.9response.
3.10 (c) The report must not include data that are not public under other law.
3.11 Subd. 3. Delayed notice. The notification required by this section may be delayed if
3.12a law enforcement agency determines that the notification will impede an active criminal
3.13investigation. The notification required by this section must be made after the law
3.14enforcement agency determines that it will not compromise the investigation.
3.15 Subd. 4. Method of notice. Notice under this section may be provided by one of
3.16the following methods:
3.17(a) written notice by first class mail to each affected individual;
3.18(b) electronic notice to each affected individual, if the notice provided is consistent
3.19with the provisions regarding electronic records and signatures as set forth in United
3.20States Code, title 15, section 7001; or
3.21(c) substitute notice, if the
3.22of providing the written notice required by paragraph (a) would exceed $250,000, or
3.23that the affected class of individuals to be notified exceeds 500,000, or the
3.24 government entity does not have sufficient contact information. Substitute notice consists
3.25of all of the following:
3.26(i) e-mail notice if the
3.27the affected individuals;
3.28(ii) conspicuous posting of the notice on the Web site page of the
3.29 government entity, if the
3.30(iii) notification to major media outlets that reach the general public within the
3.31government entity's jurisdiction.
3.32 Subd. 5. Coordination with consumer reporting agencies. If the
3.33 government entity discovers circumstances requiring notification under this section of
3.34more than 1,000 individuals at one time, the
3.35notify, without unreasonable delay, all consumer reporting agencies that compile and
4.1maintain files on consumers on a nationwide basis, as defined in United States Code, title
4.215, section 1681a, of the timing, distribution, and content of the notices.
4.3 Subd. 6. Security assessments. At least annually, each government entity shall
4.4conduct a comprehensive security assessment of any personal information maintained
4.5by the government entity. For the purposes of this subdivision, personal information is
4.6defined under section 325E.61, subdivision 1, paragraphs (e) and (f).
4.7EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
4.8security breaches occurring on or after that date.
4.9 Sec. 3. Minnesota Statutes 2012, section 13.09, is amended to read:
4.1013.09 PENALTIES.
4.11(a) Any person who willfully violates the provisions of this chapter or any rules
4.12adopted under this chapter or whose conduct constitutes the knowing unauthorized
4.13acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a
4.14misdemeanor.
4.15(b) Willful violation of this chapter
4.16penalty under paragraph (a), by any public employee constitutes just cause for suspension
4.17without pay or dismissal of the public employee.
4.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
4.19committed on or after that date.
4.20 Sec. 4. Minnesota Statutes 2012, section 299C.40, subdivision 4, is amended to read:
4.21 Subd. 4. Data classification; general rule; changes in classification; audit trail.
4.22(a) The classification of data in the law enforcement agency does not change after the data
4.23is submitted to CIBRS. If CIBRS is the only source of data made public by section
4.24subdivisions 2, 3, 6, and 7
4.25made available to the public as required by section
4.26(b) Data on individuals created, collected, received, maintained, or disseminated
4.27by CIBRS is classified as confidential data on individuals as defined in section
4.28subdivision 3
4.29subdivision 12
4.30(c) Data not on individuals created, collected, received, maintained, or disseminated
4.31by CIBRS is classified as protected nonpublic data as defined in section
4.3213
4.33by this section.
5.1(d) Confidential or protected nonpublic data created, collected, received, maintained,
5.2or disseminated by CIBRS must automatically change classification from confidential
5.3data to private data or from protected nonpublic data to nonpublic data on the earlier of
5.4the following dates:
5.5(1) upon receipt by CIBRS of notice from a law enforcement agency that an
5.6investigation has become inactive; or
5.7(2) when the data has not been updated by the law enforcement agency that
5.8submitted it for a period of 120 days.
5.9(e) For the purposes of this section, an investigation becomes inactive upon the
5.10occurrence of any of the events listed in section
5.11(f) Ten days before making a data classification change because data has not been
5.12updated, CIBRS must notify the law enforcement agency that submitted the data that a
5.13classification change will be made on the 120th day. The notification must inform the law
5.14enforcement agency that the data will retain its classification as confidential or protected
5.15nonpublic data if the law enforcement agency updates the data or notifies CIBRS that the
5.16investigation is still active before the 120th day. A new 120-day period begins if the data
5.17is updated or if a law enforcement agency notifies CIBRS that an active investigation
5.18is continuing.
5.19(g) A law enforcement agency that submits data to CIBRS must notify CIBRS if an
5.20investigation has become inactive so that the data is classified as private data or nonpublic
5.21data. The law enforcement agency must provide this notice to CIBRS within ten days
5.22after an investigation becomes inactive.
5.23(h) All queries and responses and all actions in which data is submitted to CIBRS,
5.24changes classification, or is disseminated by CIBRS to any law enforcement agency
5.25must be recorded in the CIBRS audit trail.
5.26(i) Notwithstanding paragraphs (b) and (c), the name of each law enforcement
5.27agency that submits data to CIBRS, and a general description of the types of data
5.28submitted by the agency, are public.
