Bill Text: MN HF809 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Administrative remedy eliminated for data practice violations.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-02-21 - Introduction and first reading, referred to Civil Law [HF809 Detail]
Download: Minnesota-2013-HF809-Introduced.html
1.2relating to data practices; eliminating an administrative remedy for certain
1.3data practices violations;amending Minnesota Statutes 2012, sections 13.072,
1.4subdivision 2; 13.08, subdivision 4; repealing Minnesota Statutes 2012, section
1.513.085.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 13.072, subdivision 2, is amended to read:
1.8 Subd. 2. Effect. Opinions issued by the commissioner under this section are not
1.9binding on the government entity or members of a body subject to chapter 13D whose
1.10data or performance of duties is the subject of the opinion, but an opinion described in
1.11subdivision 1, paragraph (a), must be given deference by a courtor other tribunal in a
1.12proceeding involving the data. The commissioner shall arrange for public dissemination
1.13of opinions issued under this section, and shall indicate when the principles stated in
1.14an opinion are not intended to provide guidance to all similarly situated persons or
1.15government entities. This section does not preclude a person from bringing any other
1.16action under this chapter or other law in addition to or instead of requesting a written
1.17opinion. A government entity, members of a body subject to chapter 13D, or person that
1.18acts in conformity with a written opinion of the commissioner issued to the government
1.19entity, members, or person or to another party is not liable for compensatory or exemplary
1.20damages or awards of attorneys fees in actions for violations arising under section13.08
1.21 or
13.08513.09 or for fines, awards of attorney fees, or
1.22any other penalty under chapter 13D. A member of a body subject to chapter 13D is not
1.23subject to forfeiture of office if the member was acting in reliance on an opinion.
1.24 Sec. 2. Minnesota Statutes 2012, section 13.08, subdivision 4, is amended to read:
2.1 Subd. 4. Action to compel compliance. (a)Actions to compel compliance may be
2.2brought either under this subdivision or section
13.085. For actions under this subdivision,
2.3 In addition to the remedies provided in subdivisions 1 to 3 or any other law, any aggrieved
2.4person seeking to enforce the person's rights under this chapter or obtain access to data
2.5may bring an action in district court to compel compliance with this chapter and may
2.6recover costs and disbursements, including reasonable attorney's fees, as determined by
2.7the court. If the court determines that an action brought under this subdivision is frivolous
2.8and without merit and a basis in fact, it may award reasonable costs and attorney fees to
2.9the responsible authority. If the court issues an order to compel compliance under this
2.10subdivision, the court may impose a civil penalty of up to $1,000 against the government
2.11entity. This penalty is payable to the state general fund and is in addition to damages
2.12under subdivision 1. The matter shall be heard as soon as possible. In an action involving
2.13a request for government data under section13.03 or
13.04 , the court may inspect in
2.14camera the government data in dispute, but shall conduct its hearing in public and in a
2.15manner that protects the security of data classified as not public. If the court issues an
2.16order to compel compliance under this subdivision, the court shall forward a copy of the
2.17order to the commissioner of administration.
2.18 (b) In determining whether to assess a civil penalty under this subdivision, the court
2.19or other tribunal shall consider whether the government entity has substantially complied
2.20with general data practices under this chapter, including but not limited to, whether the
2.21government entity has:
2.22 (1) designated a responsible authority under section13.02, subdivision 16 ;
2.23 (2) designated a data practices compliance official under section13.05, subdivision
2.2413 ;
2.25 (3) prepared the public document that names the responsible authority and describes
2.26the records and data on individuals that are maintained by the government entity under
2.27section13.05, subdivision 1 ;
2.28 (4) developed public access procedures under section13.03, subdivision 2 ;
2.29procedures to guarantee the rights of data subjects under section13.05, subdivision 8 ; and
2.30procedures to ensure that data on individuals are accurate and complete and to safeguard
2.31the data's security under section13.05, subdivision 5 ;
2.32 (5) acted in conformity with an opinion issued under section13.072 that was sought
2.33by a government entity or another person; or
2.34 (6) provided ongoing training to government entity personnel who respond to
2.35requests under this chapter.
3.1 (c) The court shall award reasonable attorney fees to a prevailing plaintiff who has
3.2brought an action under this subdivision if the government entity that is the defendant in
3.3the action was also the subject of a written opinion issued under section13.072 and the
3.4court finds that the opinion is directly related to the cause of action being litigated and that
3.5the government entity did not act in conformity with the opinion.
3.6 Sec. 3. REPEALER.
3.7Minnesota Statutes 2012, section 13.085, is repealed.
3.8 Sec. 4. EFFECTIVE DATE.
3.9Sections 1 to 3 are effective the day following final enactment, and apply to actions
3.10commenced on or after that date.
1.3data practices violations;amending Minnesota Statutes 2012, sections 13.072,
1.4subdivision 2; 13.08, subdivision 4; repealing Minnesota Statutes 2012, section
1.513.085.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 13.072, subdivision 2, is amended to read:
1.8 Subd. 2. Effect. Opinions issued by the commissioner under this section are not
1.9binding on the government entity or members of a body subject to chapter 13D whose
1.10data or performance of duties is the subject of the opinion, but an opinion described in
1.11subdivision 1, paragraph (a), must be given deference by a court
1.12proceeding involving the data. The commissioner shall arrange for public dissemination
1.13of opinions issued under this section, and shall indicate when the principles stated in
1.14an opinion are not intended to provide guidance to all similarly situated persons or
1.15government entities. This section does not preclude a person from bringing any other
1.16action under this chapter or other law in addition to or instead of requesting a written
1.17opinion. A government entity, members of a body subject to chapter 13D, or person that
1.18acts in conformity with a written opinion of the commissioner issued to the government
1.19entity, members, or person or to another party is not liable for compensatory or exemplary
1.20damages or awards of attorneys fees in actions for violations arising under section
1.21
1.22any other penalty under chapter 13D. A member of a body subject to chapter 13D is not
1.23subject to forfeiture of office if the member was acting in reliance on an opinion.
1.24 Sec. 2. Minnesota Statutes 2012, section 13.08, subdivision 4, is amended to read:
2.1 Subd. 4. Action to compel compliance. (a)
2.2
2.3 In addition to the remedies provided in subdivisions 1 to 3 or any other law, any aggrieved
2.4person seeking to enforce the person's rights under this chapter or obtain access to data
2.5may bring an action in district court to compel compliance with this chapter and may
2.6recover costs and disbursements, including reasonable attorney's fees, as determined by
2.7the court. If the court determines that an action brought under this subdivision is frivolous
2.8and without merit and a basis in fact, it may award reasonable costs and attorney fees to
2.9the responsible authority. If the court issues an order to compel compliance under this
2.10subdivision, the court may impose a civil penalty of up to $1,000 against the government
2.11entity. This penalty is payable to the state general fund and is in addition to damages
2.12under subdivision 1. The matter shall be heard as soon as possible. In an action involving
2.13a request for government data under section
2.14camera the government data in dispute, but shall conduct its hearing in public and in a
2.15manner that protects the security of data classified as not public. If the court issues an
2.16order to compel compliance under this subdivision, the court shall forward a copy of the
2.17order to the commissioner of administration.
2.18 (b) In determining whether to assess a civil penalty under this subdivision, the court
2.19
2.20with general data practices under this chapter, including but not limited to, whether the
2.21government entity has:
2.22 (1) designated a responsible authority under section
2.23 (2) designated a data practices compliance official under section
2.2413
2.25 (3) prepared the public document that names the responsible authority and describes
2.26the records and data on individuals that are maintained by the government entity under
2.27section
2.28 (4) developed public access procedures under section
2.29procedures to guarantee the rights of data subjects under section
2.30procedures to ensure that data on individuals are accurate and complete and to safeguard
2.31the data's security under section
2.32 (5) acted in conformity with an opinion issued under section
2.33by a government entity or another person; or
2.34 (6) provided ongoing training to government entity personnel who respond to
2.35requests under this chapter.
3.1 (c) The court shall award reasonable attorney fees to a prevailing plaintiff who has
3.2brought an action under this subdivision if the government entity that is the defendant in
3.3the action was also the subject of a written opinion issued under section
3.4court finds that the opinion is directly related to the cause of action being litigated and that
3.5the government entity did not act in conformity with the opinion.
3.6 Sec. 3. REPEALER.
3.7Minnesota Statutes 2012, section 13.085, is repealed.
3.8 Sec. 4. EFFECTIVE DATE.
3.9Sections 1 to 3 are effective the day following final enactment, and apply to actions
3.10commenced on or after that date.
