Bill Text: MN HF3173 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Government entities required to obtain search warrants before obtaining personal identifying information on an individual.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-19 - Introduction and first reading, referred to Public Safety Finance and Policy [HF3173 Detail]
Download: Minnesota-2013-HF3173-Introduced.html
1.2relating to public safety; requiring government entities to obtain search warrants
1.3before obtaining certain types of personal identifying information on an
1.4individual; amending Minnesota Statutes 2012, section 626A.28, subdivisions 1,
1.54; proposing coding for new law in Minnesota Statutes, chapter 626A; repealing
1.6Minnesota Statutes 2012, section 626A.28, subdivision 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 626A.28, subdivision 1, is amended to read:
1.9 Subdivision 1. Contents of electronic communications in electronic storage. A
1.10governmental entity may require the disclosure by a provider of electronic communication
1.11service of the contents of an electronic communication that is in electronic storage in
1.12an electronic communications systemfor 180 days or less only under a warrant. A
1.13government entity may require the disclosure by a provider of electronic communications
1.14services of the contents of an electronic communication that has been in electronic storage
1.15in an electronic communications system for more than 180 days by the means available
1.16under subdivision 2.
1.17 Sec. 2. Minnesota Statutes 2012, section 626A.28, subdivision 4, is amended to read:
1.18 Subd. 4. Requirements for court order. A court order for disclosure under
1.19subdivision2 or 3 must issue only if the governmental entity shows that there is reason
1.20to believe the contents of a wire or electronic communication, or the records or other
1.21information sought, are relevant to a legitimate law enforcement inquiry. A court issuing
1.22an order pursuant to this section, on a motion made promptly by the service provider,
1.23may quash or modify such order, if the information or records requested are unusually
2.1voluminous in nature or compliance with such order otherwise would cause an undue
2.2burden on such provider.
2.3 Sec. 3. [626A.42] PERSONAL IDENTIFYING INFORMATION; SEARCH
2.4WARRANT AND NOTICE REQUIRED.
2.5 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
2.6section.
2.7(b) An "adverse result" occurs when notification of the existence of a search warrant
2.8results in:
2.9(1) danger to the life or physical safety of an individual;
2.10(2) a flight from prosecution;
2.11(3) the destruction of or tampering with evidence;
2.12(4) the intimidation of a potential witness; or
2.13(5) serious jeopardy to an investigation or undue delay of a trial.
2.14(c) "Electronic device" means a device that enables access to or use of an electronic
2.15communication service, remote computing service, or global positioning or other mapping,
2.16locational, or directional service.
2.17(d) "Financial institution" has the meaning given in section 13A.01, subdivision 2.
2.18(e) "Financial record" has the meaning given in section 13A.01, subdivision 3.
2.19(f) "Government entity" means a state or local agency, including but not limited to a
2.20law enforcement entity or any other investigative entity, agency, department, division,
2.21bureau, board, or commission or an individual acting or purporting to act for or on behalf
2.22of a state or local agency.
2.23(g) "Health record" has the meaning given in section 144.291, subdivision 2.
2.24(h) "Personal identifying information" includes information concerning or that
2.25reasonably could be construed as concerning the identity, location, or activities of an
2.26individual. The term includes the individual's name, physical or electronic address,
2.27telephone number, telephone numbers dialed or received, addresses from which electronic
2.28communications were sent or received, addresses of Web sites visited, billing records,
2.29health records, financial records, and physical location, including the location of electronic
2.30devices and other personal property owned or possessed by the individual.
2.31The term includes information that, in whole or in part, is generated or derived from
2.32or obtained by the retrieval of records held by a third party and by the use of technology
2.33that enables the user to obtain information in the aggregate or on a mass or comprehensive
2.34scale, or that a reasonable person would consider private or otherwise not readily available
2.35to the public. The term does not include information that is accessible to the public under
3.1other law or readily available or observable to the public when actually obtained through
3.2the direct observation by the line of sight of a person or group of persons.
3.3(i) "Remote computing service" has the meaning given in section 626A.34.
3.4 Subd. 2. Search warrant required for personal identifying information. (a)
3.5Except as provided in paragraphs (b) and (c), a government entity may not obtain personal
3.6identifying information concerning an individual without a search warrant. A court order
3.7granting access to this information must be issued only if the government entity shows
3.8that there is probable cause for belief that the person who is the subject of the personal
3.9identifying information is committing, has committed, or is about to commit a criminal
3.10offense.
3.11(b) A government entity may obtain location information concerning the location
3.12of a person's electronic device without a search warrant:
3.13(1) when the electronic device is reported lost or stolen by the owner;
3.14(2) to respond to the user's call for emergency services;
3.15(3) with the informed, affirmative consent of the owner or user of the device;
3.16(4) with the informed, affirmative consent of the legal guardian or next of kin of the
3.17owner or user of the device if the owner or user is believed to be deceased or reported
3.18missing and unable to be contacted; or
3.19(5) there exists a potentially life-threatening situation.
3.20(c) A government entity may obtain personal identifying information other than that
3.21described in paragraph (b) without a search warrant with the informed, affirmative consent
3.22of the subject of the information or in the event of a potentially life-threatening situation.
3.23 Subd. 3. Notice. (a) Notice must be given to the subject of personal identifying
3.24information obtained by a government entity under this section.
3.25(b) Unless delayed notice is ordered under paragraph (c), the government entity shall
3.26provide notice to the subject within three days of obtaining the information. The notice
3.27must be made by service or delivered by registered or first-class mail, e-mail, or any other
3.28means reasonably calculated to be effective as specified by the court issuing the warrant.
3.29The notice must contain the following information:
3.30(1) the nature of the law enforcement inquiry, with reasonable specificity;
3.31(2) the type of information that was obtained by, supplied to, or requested by the
3.32government entity and the date on which it was obtained, provided, or requested;
3.33(3) if information was obtained from a third party, the identity of the provider of
3.34the information; and
3.35(4) whether the notification was delayed pursuant to paragraph (c) and, if so, the
3.36court that granted the delay and the reasons for granting the delay.
4.1(c) A government entity may include in the application for a warrant a request
4.2for an order to delay the notification required under this subdivision for a period not to
4.3exceed ten days. The court shall issue the order if the court determines that there is reason
4.4to believe that notification may have an adverse result. Upon expiration of the period of
4.5delay granted under this paragraph and any extension granted under paragraph (e), the
4.6government entity shall provide the subject of the warrant a copy of the warrant together
4.7with a notice pursuant to paragraph (b).
4.8(d) A government entity may include in its application for a warrant a request for an
4.9order directing a third party to whom a warrant is directed not to notify any other person
4.10of the existence of the warrant for a period of not more than ten days. The court shall
4.11issue the order if the court determines that there is reason to believe that notification of
4.12the existence of the warrant may have an adverse result.
4.13(e) The court, upon application, may grant one or more extensions of orders granted
4.14under paragraph (c) or (d) for up to an additional ten days.
4.15 Subd. 4. Construction. This section shall be construed liberally by courts to
4.16protect the privacy of individuals. Examples used in the definitions are illustrative and
4.17not comprehensive.
4.18 Subd. 5. Retention of information. (a) A government unit may keep personal
4.19identifying information obtained under this section for up to 60 days.
4.20(b) A government unit may seek a court order extending the 60-day period. A
4.21court shall grant this extension if the court determines that an extension is necessary to
4.22avoid serious jeopardy to an investigation or undue delay of a trial. If the court grants an
4.23extension, the court shall specify the duration of the extension.
4.24(c) Notwithstanding section 138.17, a government unit shall destroy personal
4.25identifying information obtained under this section at the end of the time period specified
4.26in paragraphs (a) and (b).
4.27 Subd. 6. Prosecutorial disclosure. The prosecutor shall disclose to the defense any
4.28search warrants for personal identifying information obtained under this section, along
4.29with the information described in subdivision 3, paragraph (b), clauses (2) and (3). This
4.30information must be provided no later than the omnibus hearing in a felony or gross
4.31misdemeanor prosecution or the arraignment or trial in a misdemeanor prosecution.
4.32 Subd. 7. Use of information. Personal identifying information obtained pursuant
4.33to a search warrant under this section may not be shared with or transferred to another
4.34federal, state, or local government authority unless that authority has obtained a search
4.35warrant for the information.
5.1 Subd. 8. Admissibility of improperly obtained information. Evidence obtained
5.2in violation of this section, and all evidence obtained in any manner in whole or in part
5.3through or resulting from information obtained in violation of this section is inadmissible
5.4for any purpose in any action, proceeding, or hearing, except that:
5.5(1) the evidence is admissible in any civil or criminal action, proceeding, or hearing
5.6against the person who has, or is alleged to have, violated this section; and
5.7(2) any evidence obtained by a lawfully executed warrant issued by a federal
5.8court or by a court of competent jurisdiction of another state is admissible in any civil
5.9or criminal proceeding.
5.10 Subd. 9. Conflicting provisions superseded. This section supersedes any
5.11conflicting provision in law in effect on March 1, 2014.
5.12 Sec. 4. REVISOR'S INSTRUCTION.
5.13By January 15, 2015, the revisor of statutes shall prepare a bill for introduction in
5.14the 2015 legislative session making conforming changes in law necessitated by this act.
5.15 Sec. 5. REPEALER.
5.16Minnesota Statutes 2012, section 626A.28, subdivision 2, is repealed.
1.3before obtaining certain types of personal identifying information on an
1.4individual; amending Minnesota Statutes 2012, section 626A.28, subdivisions 1,
1.54; proposing coding for new law in Minnesota Statutes, chapter 626A; repealing
1.6Minnesota Statutes 2012, section 626A.28, subdivision 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 626A.28, subdivision 1, is amended to read:
1.9 Subdivision 1. Contents of electronic communications in electronic storage. A
1.10governmental entity may require the disclosure by a provider of electronic communication
1.11service of the contents of an electronic communication that is in electronic storage in
1.12an electronic communications system
1.13
1.14
1.15
1.16
1.17 Sec. 2. Minnesota Statutes 2012, section 626A.28, subdivision 4, is amended to read:
1.18 Subd. 4. Requirements for court order. A court order for disclosure under
1.19subdivision
1.20to believe the contents of a wire or electronic communication, or the records or other
1.21information sought, are relevant to a legitimate law enforcement inquiry. A court issuing
1.22an order pursuant to this section, on a motion made promptly by the service provider,
1.23may quash or modify such order, if the information or records requested are unusually
2.1voluminous in nature or compliance with such order otherwise would cause an undue
2.2burden on such provider.
2.3 Sec. 3. [626A.42] PERSONAL IDENTIFYING INFORMATION; SEARCH
2.4WARRANT AND NOTICE REQUIRED.
2.5 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
2.6section.
2.7(b) An "adverse result" occurs when notification of the existence of a search warrant
2.8results in:
2.9(1) danger to the life or physical safety of an individual;
2.10(2) a flight from prosecution;
2.11(3) the destruction of or tampering with evidence;
2.12(4) the intimidation of a potential witness; or
2.13(5) serious jeopardy to an investigation or undue delay of a trial.
2.14(c) "Electronic device" means a device that enables access to or use of an electronic
2.15communication service, remote computing service, or global positioning or other mapping,
2.16locational, or directional service.
2.17(d) "Financial institution" has the meaning given in section 13A.01, subdivision 2.
2.18(e) "Financial record" has the meaning given in section 13A.01, subdivision 3.
2.19(f) "Government entity" means a state or local agency, including but not limited to a
2.20law enforcement entity or any other investigative entity, agency, department, division,
2.21bureau, board, or commission or an individual acting or purporting to act for or on behalf
2.22of a state or local agency.
2.23(g) "Health record" has the meaning given in section 144.291, subdivision 2.
2.24(h) "Personal identifying information" includes information concerning or that
2.25reasonably could be construed as concerning the identity, location, or activities of an
2.26individual. The term includes the individual's name, physical or electronic address,
2.27telephone number, telephone numbers dialed or received, addresses from which electronic
2.28communications were sent or received, addresses of Web sites visited, billing records,
2.29health records, financial records, and physical location, including the location of electronic
2.30devices and other personal property owned or possessed by the individual.
2.31The term includes information that, in whole or in part, is generated or derived from
2.32or obtained by the retrieval of records held by a third party and by the use of technology
2.33that enables the user to obtain information in the aggregate or on a mass or comprehensive
2.34scale, or that a reasonable person would consider private or otherwise not readily available
2.35to the public. The term does not include information that is accessible to the public under
3.1other law or readily available or observable to the public when actually obtained through
3.2the direct observation by the line of sight of a person or group of persons.
3.3(i) "Remote computing service" has the meaning given in section 626A.34.
3.4 Subd. 2. Search warrant required for personal identifying information. (a)
3.5Except as provided in paragraphs (b) and (c), a government entity may not obtain personal
3.6identifying information concerning an individual without a search warrant. A court order
3.7granting access to this information must be issued only if the government entity shows
3.8that there is probable cause for belief that the person who is the subject of the personal
3.9identifying information is committing, has committed, or is about to commit a criminal
3.10offense.
3.11(b) A government entity may obtain location information concerning the location
3.12of a person's electronic device without a search warrant:
3.13(1) when the electronic device is reported lost or stolen by the owner;
3.14(2) to respond to the user's call for emergency services;
3.15(3) with the informed, affirmative consent of the owner or user of the device;
3.16(4) with the informed, affirmative consent of the legal guardian or next of kin of the
3.17owner or user of the device if the owner or user is believed to be deceased or reported
3.18missing and unable to be contacted; or
3.19(5) there exists a potentially life-threatening situation.
3.20(c) A government entity may obtain personal identifying information other than that
3.21described in paragraph (b) without a search warrant with the informed, affirmative consent
3.22of the subject of the information or in the event of a potentially life-threatening situation.
3.23 Subd. 3. Notice. (a) Notice must be given to the subject of personal identifying
3.24information obtained by a government entity under this section.
3.25(b) Unless delayed notice is ordered under paragraph (c), the government entity shall
3.26provide notice to the subject within three days of obtaining the information. The notice
3.27must be made by service or delivered by registered or first-class mail, e-mail, or any other
3.28means reasonably calculated to be effective as specified by the court issuing the warrant.
3.29The notice must contain the following information:
3.30(1) the nature of the law enforcement inquiry, with reasonable specificity;
3.31(2) the type of information that was obtained by, supplied to, or requested by the
3.32government entity and the date on which it was obtained, provided, or requested;
3.33(3) if information was obtained from a third party, the identity of the provider of
3.34the information; and
3.35(4) whether the notification was delayed pursuant to paragraph (c) and, if so, the
3.36court that granted the delay and the reasons for granting the delay.
4.1(c) A government entity may include in the application for a warrant a request
4.2for an order to delay the notification required under this subdivision for a period not to
4.3exceed ten days. The court shall issue the order if the court determines that there is reason
4.4to believe that notification may have an adverse result. Upon expiration of the period of
4.5delay granted under this paragraph and any extension granted under paragraph (e), the
4.6government entity shall provide the subject of the warrant a copy of the warrant together
4.7with a notice pursuant to paragraph (b).
4.8(d) A government entity may include in its application for a warrant a request for an
4.9order directing a third party to whom a warrant is directed not to notify any other person
4.10of the existence of the warrant for a period of not more than ten days. The court shall
4.11issue the order if the court determines that there is reason to believe that notification of
4.12the existence of the warrant may have an adverse result.
4.13(e) The court, upon application, may grant one or more extensions of orders granted
4.14under paragraph (c) or (d) for up to an additional ten days.
4.15 Subd. 4. Construction. This section shall be construed liberally by courts to
4.16protect the privacy of individuals. Examples used in the definitions are illustrative and
4.17not comprehensive.
4.18 Subd. 5. Retention of information. (a) A government unit may keep personal
4.19identifying information obtained under this section for up to 60 days.
4.20(b) A government unit may seek a court order extending the 60-day period. A
4.21court shall grant this extension if the court determines that an extension is necessary to
4.22avoid serious jeopardy to an investigation or undue delay of a trial. If the court grants an
4.23extension, the court shall specify the duration of the extension.
4.24(c) Notwithstanding section 138.17, a government unit shall destroy personal
4.25identifying information obtained under this section at the end of the time period specified
4.26in paragraphs (a) and (b).
4.27 Subd. 6. Prosecutorial disclosure. The prosecutor shall disclose to the defense any
4.28search warrants for personal identifying information obtained under this section, along
4.29with the information described in subdivision 3, paragraph (b), clauses (2) and (3). This
4.30information must be provided no later than the omnibus hearing in a felony or gross
4.31misdemeanor prosecution or the arraignment or trial in a misdemeanor prosecution.
4.32 Subd. 7. Use of information. Personal identifying information obtained pursuant
4.33to a search warrant under this section may not be shared with or transferred to another
4.34federal, state, or local government authority unless that authority has obtained a search
4.35warrant for the information.
5.1 Subd. 8. Admissibility of improperly obtained information. Evidence obtained
5.2in violation of this section, and all evidence obtained in any manner in whole or in part
5.3through or resulting from information obtained in violation of this section is inadmissible
5.4for any purpose in any action, proceeding, or hearing, except that:
5.5(1) the evidence is admissible in any civil or criminal action, proceeding, or hearing
5.6against the person who has, or is alleged to have, violated this section; and
5.7(2) any evidence obtained by a lawfully executed warrant issued by a federal
5.8court or by a court of competent jurisdiction of another state is admissible in any civil
5.9or criminal proceeding.
5.10 Subd. 9. Conflicting provisions superseded. This section supersedes any
5.11conflicting provision in law in effect on March 1, 2014.
5.12 Sec. 4. REVISOR'S INSTRUCTION.
5.13By January 15, 2015, the revisor of statutes shall prepare a bill for introduction in
5.14the 2015 legislative session making conforming changes in law necessitated by this act.
5.15 Sec. 5. REPEALER.
5.16Minnesota Statutes 2012, section 626A.28, subdivision 2, is repealed.
