Bill Text: MN SF2403 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Omnibus government data practices provisions modifications
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2012-04-25 - Senate file first reading, referred to Civil Law [SF2403 Detail]
Download: Minnesota-2011-SF2403-Engrossed.html
1.2relating to data practices; modifying obligations of government entities;
1.3classifying data; making other miscellaneous changes;amending Minnesota
1.4Statutes 2010, sections 13.02, subdivision 16; 13.03, subdivisions 2, 4; 13.072,
1.5subdivision 2; 13.37, subdivisions 1, 2; 13.39, by adding a subdivision; 13.43,
1.6subdivision 1, by adding subdivisions; 13.601, subdivision 3; 13.82, by adding
1.7a subdivision; 13D.015, subdivision 5; 84.0874; proposing coding for new law
1.8in Minnesota Statutes, chapter 13; repealing Minnesota Statutes 2010, section
1.913.05, subdivisions 1, 2, 8.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 13.02, subdivision 16, is amended to read:
1.12 Subd. 16. Responsible authority. (a) "Responsible authority" in a state agency or
1.13statewide system means the state official designated by law or by the commissioner as
1.14the individual responsible for the collection, use and dissemination of any set of data on
1.15individuals, government data, or summary data.
1.16(b) "Responsible authority" in any political subdivision means the individual
1.17designated by the governing body of that political subdivision as the individual responsible
1.18for the collection, use, and dissemination of any set of data on individuals, government
1.19data, or summary data, unless otherwise provided by state law. Until an individual is
1.20designated by the political subdivision's governing body, the responsible authority is:
1.21(1) for counties, the county coordinator or administrator. If the county does not
1.22employ a coordinator or administrator, the responsible authority is the county auditor;
1.23(2) for statutory or home rule charter cities, the elected or appointed city clerk. If the
1.24home rule charter does not provide for an office of city clerk, the responsible authority is
1.25the chief clerical officer for filing and record keeping purposes;
1.26(3) for school districts, the superintendent; and
2.1(4) for all other political subdivisions, the chief clerical officer for filing and record
2.2keeping purposes.
2.3 Sec. 2. [13.025] GOVERNMENT ENTITY OBLIGATION.
2.4 Subdivision 1. Data inventory. The responsible authority shall prepare an inventory
2.5containing the authority's name, title, address, and a description of each category of record,
2.6file, or process relating to private or confidential data on individuals maintained by the
2.7authority's government entity. Forms used to collect private and confidential data may be
2.8included in the inventory. The responsible authority shall update the inventory annually
2.9and make any changes necessary to maintain the accuracy of the inventory. The inventory
2.10must be available from the responsible authority to the public according to the provisions
2.11of sections 13.03 and 15.17. The commissioner may require responsible authorities to
2.12submit copies of the inventory and may request additional information relevant to data
2.13collection practices, policies, and procedures.
2.14 Subd. 2. Public data access policy. The responsible authority shall prepare a
2.15written data access policy and update it no later than August 1 of each year, and at any
2.16other time as necessary to reflect changes in personnel, procedures, or other circumstances
2.17that impact the public's ability to access data.
2.18 Subd. 3. Data subject rights and access policy. The responsible authority shall
2.19prepare a written policy of the rights of data subjects under section 13.04 and the specific
2.20procedures used by the government entity for access by the data subject to public or
2.21private data on individuals. The written policy must be updated no later than August 1 of
2.22each year, and at any other time as necessary to reflect changes in personnel, procedures,
2.23or other circumstances that impact the public's ability to access data.
2.24 Subd. 4. Availability. The responsible authority shall make copies of the policies
2.25required under subdivisions 2 and 3 easily available to the public by distributing free copies
2.26to the public or by posting the policies in a conspicuous place within the government entity
2.27that is easily accessible to the public or by posting it on the government entity's Web site.
2.28 Sec. 3. Minnesota Statutes 2010, section 13.03, subdivision 2, is amended to read:
2.29 Subd. 2. Procedures. (a) The responsible authority in every government entity shall
2.30establish procedures, consistent with this chapter, to insure that requests for government
2.31data are received and complied with in an appropriate and prompt manner.
2.32(b) The responsible authority shall prepare public access procedures in written form
2.33and update them no later than August 1 of each year as necessary to reflect any changes
2.34in personnel or circumstances that might affect public access to government data. The
3.1responsible authority shall make copies of the written public access procedures easily
3.2available to the public by distributing free copies of the procedures to the public or by
3.3posting a copy of the procedures in a conspicuous place within the government entity that
3.4is easily accessible to the public.
3.5(c) (b) Full convenience and comprehensive accessibility shall be allowed to
3.6researchers including historians, genealogists and other scholars to carry out extensive
3.7research and complete copying of all records containing government data except as
3.8otherwise expressly provided by law.
3.9A responsible authority may designate one or more designees.
3.10 Sec. 4. Minnesota Statutes 2010, section 13.03, subdivision 4, is amended to read:
3.11 Subd. 4. Change in classification of data; effect of dissemination among
3.12agencies. (a) The classification of a government entity's datain the possession of an entity
3.13shall change if it is required to do so to comply with either judicial or administrative rules
3.14pertaining to the conduct of legal actions or with a specific statute applicable to the data
3.15in the possession of the disseminating or receiving entity.
3.16 (b) If data on individualsis are classified as both private and confidential by this
3.17chapter, or any other statute or federal law, the datais are private.
3.18 (c) To the extent that government datais are disseminated to a government entity
3.19by another government entity, the data disseminated shall have the same classification
3.20in the hands of at the entity receiving it them as it they had in the hands of at the entity
3.21providingit them.
3.22 (d) If a government entity disseminates data to another government entity, a
3.23classification provided for by lawin the hands of at the entity receiving the data does not
3.24affect the classification of the datain the hands of at the entity that disseminates the data.
3.25 (e) To the extent that judicial branch datais are disseminated to government entities
3.26by the judicial branch, the data disseminated shall have the same level of accessibility
3.27in the hands of the agency at the government entity receiving it them as it they had
3.28in the hands of at the judicial branch entity providing it them. If the data have a specific
3.29classification in state statute or federal law, the government entity must maintain the
3.30data according to the specific classification.
3.31 Sec. 5. Minnesota Statutes 2010, section 13.072, subdivision 2, is amended to read:
3.32 Subd. 2. Effect. Opinions issued by the commissioner under this section are not
3.33binding on the government entity or members of a body subject to chapter 13D whose
3.34data or performance of duties is the subject of the opinion, but an opinion described in
4.1subdivision 1, paragraph (a), must be given deference by a court or other tribunal in a
4.2proceeding involving the data. The commissioner shall arrange for public dissemination
4.3of opinions issued under this section, and shall indicate when the principles stated in
4.4an opinion are not intended to provide guidance to all similarly situated persons or
4.5government entities. This section does not preclude a person from bringing any other
4.6action under this chapter or other law in addition to or instead of requesting a written
4.7opinion. A government entity, members of a body subject to chapter 13D, or person that
4.8acts in conformity with a written opinion of the commissioner issued to the government
4.9entity, members, or person or to another party is not liable for compensatory or exemplary
4.10damages or awards of attorneys fees in actions for violations arising under section13.08
4.11or13.085 , or for a penalty under section
13.09 or for fines, awards of attorney fees, or
4.12any other penalty under chapter 13D. A member of a body subject to chapter 13D is not
4.13subject to forfeiture of office if the member was acting in reliance on an opinion.
4.14 Sec. 6. Minnesota Statutes 2010, section 13.37, subdivision 1, is amended to read:
4.15 Subdivision 1. Definitions. As used in this section, the following terms have the
4.16meanings given them.
4.17(a) "Security information" means government data the disclosure of which the
4.18responsible authority determines would be likely to substantially jeopardize the security of
4.19information, possessions, individuals or property against theft, tampering, improper use,
4.20attempted escape, illegal disclosure, trespass, or physical injury. "Security information"
4.21includes crime prevention block maps and lists of volunteers who participate in community
4.22crime prevention programs and their home addresses and telephone numbers.
4.23(b) "Trade secret information" means government data, including a formula, pattern,
4.24compilation, program, device, method, technique or process (1) that was supplied by the
4.25affected individual or organization, (2) that is the subject of efforts by the individual or
4.26organization that are reasonable under the circumstances to maintain its secrecy, and (3)
4.27that derives independent economic value, actual or potential, from not being generally
4.28known to, and not being readily ascertainable by proper means by, other persons who can
4.29obtain economic value from its disclosure or use.
4.30(c) "Labor relations information" means management positions on economic and
4.31noneconomic items that have not been presented during the collective bargaining process
4.32or interest arbitration, including information specifically collected or created to prepare
4.33the management position.
4.34(d) "Parking space leasing data" means the following government data on an
4.35applicant for, or lessee of, a parking space: residence address, home telephone number,
5.1beginning and ending work hours, place of employment, work telephone number, and
5.2location of the parking space.
5.3 Sec. 7. Minnesota Statutes 2010, section 13.37, subdivision 2, is amended to read:
5.4 Subd. 2. Classification. (a) The following government data is classified as nonpublic
5.5data with regard to data not on individuals, pursuant to section13.02, subdivision 9 , and as
5.6private data with regard to data on individuals, pursuant to section13.02, subdivision 12 :
5.7Security information; trade secret information; sealed absentee ballots prior to opening
5.8by an election judge; sealed bids, including the number of bids received, prior to the
5.9opening of the bids; parking space leasing data; and labor relations information, provided
5.10that specific labor relations information which relates to a specific labor organization is
5.11classified as protected nonpublic data pursuant to section13.02, subdivision 13 .
5.12(b) If a government entity denies a data request based on a determination that the
5.13data are security information, upon request, the government entity must provide a short
5.14description explaining the necessity for the classification.
5.15 Sec. 8. Minnesota Statutes 2010, section 13.39, is amended by adding a subdivision to
5.16read:
5.17 Subd. 4. Exclusion. This section does not apply when the sole issue or dispute is a
5.18government entity's timeliness in responding to a data request.
5.19 Sec. 9. Minnesota Statutes 2010, section 13.43, subdivision 1, is amended to read:
5.20 Subdivision 1. Definition. As used in this section, "personnel data" means
5.21government data on individuals maintained because the individual is or was an employee
5.22of or an applicant for employment by, performs services on a voluntary basis for, or acts
5.23as an independent contractor with a government entity.Personnel data includes data
5.24submitted by an employee to a government entity as part of an organized self-evaluation
5.25effort by the government entity to request suggestions from all employees on ways to cut
5.26costs, make government more efficient, or improve the operation of government. An
5.27employee who is identified in a suggestion shall have access to all data in the suggestion
5.28except the identity of the employee making the suggestion.
5.29 Sec. 10. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision
5.30to read:
5.31 Subd. 7a. Employee suggestion data. Personnel data includes data submitted by
5.32an employee to a government entity as part of an organized self-evaluation effort by the
6.1government entity to request suggestions from all employees on ways to cut costs, make
6.2government more efficient, or improve the operation of government. An employee who
6.3is identified in a suggestion has access to all data in the suggestion except the identity
6.4of the employee making the suggestion.
6.5 Sec. 11. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision to
6.6read:
6.7 Subd. 19. Employee of contractor or subcontractor. The personal telephone
6.8number, home address, and e-mail address of an employee of a contractor or subcontractor
6.9doing business with a government entity are private data on individuals.
6.10 Sec. 12. Minnesota Statutes 2010, section 13.601, subdivision 3, is amended to read:
6.11 Subd. 3. Applicants for appointment. (a) Data about applicants for appointment to
6.12a public body collected by a government entity as a result of the applicant's application for
6.13appointment to the public body are private data on individuals except that the following
6.14are public:
6.15 (1) name;
6.16 (2) city of residence, except when the appointment has a residency requirement that
6.17requires the entire address to be public;
6.18 (3) education and training;
6.19 (4) employment history;
6.20 (5) volunteer work;
6.21 (6) awards and honors;
6.22 (7) prior government service;and
6.23 (8) any data required to be provided or thatis are voluntarily provided in an
6.24application for appointment to a multimember agency pursuant to section15.0597 .; and
6.25(9) veteran status.
6.26 (b) Once an individual is appointed to a public body, the following additional items
6.27of data are public:
6.28 (1) residential address;and
6.29 (2) either a telephone number or electronic mail address where the appointee can be
6.30reached, or both at the request of the appointee.;
6.31(3) first and last dates of service on the public body;
6.32(4) the existence and status of any complaints or charges against an appointee; and
7.1(5) upon completion of an investigation of a complaint or charge against an
7.2appointee, the final investigative report is public, unless access to the data would
7.3jeopardize an active investigation.
7.4 (c) Notwithstanding paragraph (b), any electronic mail address or telephone number
7.5provided by a public body for use by an appointee shall be public. An appointee may
7.6use an electronic mail address or telephone number provided by the public body as the
7.7designated electronic mail address or telephone number at which the appointee can be
7.8reached.
7.9 Sec. 13. Minnesota Statutes 2010, section 13.82, is amended by adding a subdivision
7.10to read:
7.11 Subd. 30. Inactive financial transaction investigative data. Investigative data
7.12that become inactive under subdivision 7 that are a person's financial account number or
7.13transaction numbers are private data on individuals or nonpublic data.
7.14 Sec. 14. Minnesota Statutes 2010, section 13D.015, subdivision 5, is amended to read:
7.15 Subd. 5. Notice. If telephone or another electronic means is used to conduct a
7.16regular, special, or emergency meeting, the entity shall provide notice of the regular
7.17meeting location, of the fact that some members may participate by electronic means, and
7.18of the provisions of subdivision 4. The timing and method of providing notice is governed
7.19by section13D.04 . In addition, the entity must post the notice on its Web site at least ten
7.20days beforethe any regular meeting as defined in section 13D.04, subdivision 1.
7.21 Sec. 15. Minnesota Statutes 2010, section 84.0874, is amended to read:
7.2284.0874 ELECTRONIC LICENSING SYSTEM DATA.
7.23The following data created, collected, stored, or maintained by the department for
7.24purposes of obtaining a noncommercial game and fish license, cross-country ski pass,
7.25horse pass, or snowmobile trail sticker; registering a recreational motor vehicle; or any
7.26other electronic licensing transaction are private data on individuals as defined in section
7.2713.02, subdivision 12
: name, addresses, driver's license number, and date of birth. The
7.28data may be disclosed for law enforcement purposes. The data, other than the driver's
7.29license number, may be disclosed:
7.30(1) to a government entity and for natural resources management purposes, including
7.31recruitment, retention, and training certification and verification.;
7.32(2) for use in the normal course of business by a legitimate business or its agents,
7.33employees, or contractors, in order to verify the accuracy of personal information
8.1submitted by an individual. If the information as submitted is not correct or is no longer
8.2correct, correct information may be obtained only for the purpose of preventing fraud
8.3by, pursuing legal remedies against, or recovering on a debt or security interest against
8.4the individual. If the person requesting access is acting as the agent of a lienholder, the
8.5requestor must submit proof of a contract with the lienholder;
8.6(3) for use in connection with any civil, criminal, administrative, or arbitration
8.7proceedings in any court or agency or before any self-regulatory body, including service
8.8of process, investigation in anticipation of litigation, and the execution or enforcement of
8.9judgments and orders, or pursuant to a court order, provided that the requestor provides a
8.10copy of the order;
8.11(4) for use in providing notice to the owners of towed or impounded recreational
8.12vehicles or watercraft. The person requesting access must provide the name, address, and
8.13telephone number of the entity that requested that the recreational vehicle or watercraft
8.14be towed;
8.15(5) for use by any insurer or insurance support organization, or by a self-insured
8.16entity, or its agents, employees, or contractors, in connection with claims investigation
8.17activities, antifraud activities, rating, or underwriting; or
8.18(6) for use by any licensed private investigative agency or licensed security service.
8.19 Sec. 16. REPEALER.
8.20Minnesota Statutes 2010, section 13.05, subdivisions 1, 2, and 8, are repealed.
1.3classifying data; making other miscellaneous changes;amending Minnesota
1.4Statutes 2010, sections 13.02, subdivision 16; 13.03, subdivisions 2, 4; 13.072,
1.5subdivision 2; 13.37, subdivisions 1, 2; 13.39, by adding a subdivision; 13.43,
1.6subdivision 1, by adding subdivisions; 13.601, subdivision 3; 13.82, by adding
1.7a subdivision; 13D.015, subdivision 5; 84.0874; proposing coding for new law
1.8in Minnesota Statutes, chapter 13; repealing Minnesota Statutes 2010, section
1.913.05, subdivisions 1, 2, 8.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 13.02, subdivision 16, is amended to read:
1.12 Subd. 16. Responsible authority. (a) "Responsible authority" in a state agency or
1.13statewide system means the state official designated by law or by the commissioner as
1.14the individual responsible for the collection, use and dissemination of any set of data on
1.15individuals, government data, or summary data.
1.16(b) "Responsible authority" in any political subdivision means the individual
1.17designated by the governing body of that political subdivision as the individual responsible
1.18for the collection, use, and dissemination of any set of data on individuals, government
1.19data, or summary data, unless otherwise provided by state law. Until an individual is
1.20designated by the political subdivision's governing body, the responsible authority is:
1.21(1) for counties, the county coordinator or administrator. If the county does not
1.22employ a coordinator or administrator, the responsible authority is the county auditor;
1.23(2) for statutory or home rule charter cities, the elected or appointed city clerk. If the
1.24home rule charter does not provide for an office of city clerk, the responsible authority is
1.25the chief clerical officer for filing and record keeping purposes;
1.26(3) for school districts, the superintendent; and
2.1(4) for all other political subdivisions, the chief clerical officer for filing and record
2.2keeping purposes.
2.3 Sec. 2. [13.025] GOVERNMENT ENTITY OBLIGATION.
2.4 Subdivision 1. Data inventory. The responsible authority shall prepare an inventory
2.5containing the authority's name, title, address, and a description of each category of record,
2.6file, or process relating to private or confidential data on individuals maintained by the
2.7authority's government entity. Forms used to collect private and confidential data may be
2.8included in the inventory. The responsible authority shall update the inventory annually
2.9and make any changes necessary to maintain the accuracy of the inventory. The inventory
2.10must be available from the responsible authority to the public according to the provisions
2.11of sections 13.03 and 15.17. The commissioner may require responsible authorities to
2.12submit copies of the inventory and may request additional information relevant to data
2.13collection practices, policies, and procedures.
2.14 Subd. 2. Public data access policy. The responsible authority shall prepare a
2.15written data access policy and update it no later than August 1 of each year, and at any
2.16other time as necessary to reflect changes in personnel, procedures, or other circumstances
2.17that impact the public's ability to access data.
2.18 Subd. 3. Data subject rights and access policy. The responsible authority shall
2.19prepare a written policy of the rights of data subjects under section 13.04 and the specific
2.20procedures used by the government entity for access by the data subject to public or
2.21private data on individuals. The written policy must be updated no later than August 1 of
2.22each year, and at any other time as necessary to reflect changes in personnel, procedures,
2.23or other circumstances that impact the public's ability to access data.
2.24 Subd. 4. Availability. The responsible authority shall make copies of the policies
2.25required under subdivisions 2 and 3 easily available to the public by distributing free copies
2.26to the public or by posting the policies in a conspicuous place within the government entity
2.27that is easily accessible to the public or by posting it on the government entity's Web site.
2.28 Sec. 3. Minnesota Statutes 2010, section 13.03, subdivision 2, is amended to read:
2.29 Subd. 2. Procedures. (a) The responsible authority in every government entity shall
2.30establish procedures, consistent with this chapter, to insure that requests for government
2.31data are received and complied with in an appropriate and prompt manner.
2.32
2.33
2.34
3.1
3.2
3.3
3.4
3.5
3.6researchers including historians, genealogists and other scholars to carry out extensive
3.7research and complete copying of all records containing government data except as
3.8otherwise expressly provided by law.
3.9A responsible authority may designate one or more designees.
3.10 Sec. 4. Minnesota Statutes 2010, section 13.03, subdivision 4, is amended to read:
3.11 Subd. 4. Change in classification of data; effect of dissemination among
3.12agencies. (a) The classification of a government entity's data
3.13shall change if it is required to do so to comply with either judicial or administrative rules
3.14pertaining to the conduct of legal actions or with a specific statute applicable to the data
3.15in the possession of the disseminating or receiving entity.
3.16 (b) If data on individuals
3.17chapter, or any other statute or federal law, the data
3.18 (c) To the extent that government data
3.19by another government entity, the data disseminated shall have the same classification
3.20
3.21providing
3.22 (d) If a government entity disseminates data to another government entity, a
3.23classification provided for by law
3.24affect the classification of the data
3.25 (e) To the extent that judicial branch data
3.26by the judicial branch, the data disseminated shall have the same level of accessibility
3.27
3.28
3.29classification in state statute or federal law, the government entity must maintain the
3.30data according to the specific classification.
3.31 Sec. 5. Minnesota Statutes 2010, section 13.072, subdivision 2, is amended to read:
3.32 Subd. 2. Effect. Opinions issued by the commissioner under this section are not
3.33binding on the government entity or members of a body subject to chapter 13D whose
3.34data or performance of duties is the subject of the opinion, but an opinion described in
4.1subdivision 1, paragraph (a), must be given deference by a court or other tribunal in a
4.2proceeding involving the data. The commissioner shall arrange for public dissemination
4.3of opinions issued under this section, and shall indicate when the principles stated in
4.4an opinion are not intended to provide guidance to all similarly situated persons or
4.5government entities. This section does not preclude a person from bringing any other
4.6action under this chapter or other law in addition to or instead of requesting a written
4.7opinion. A government entity, members of a body subject to chapter 13D, or person that
4.8acts in conformity with a written opinion of the commissioner issued to the government
4.9entity, members, or person or to another party is not liable for compensatory or exemplary
4.10damages or awards of attorneys fees in actions for violations arising under section
4.11or
4.12any other penalty under chapter 13D. A member of a body subject to chapter 13D is not
4.13subject to forfeiture of office if the member was acting in reliance on an opinion.
4.14 Sec. 6. Minnesota Statutes 2010, section 13.37, subdivision 1, is amended to read:
4.15 Subdivision 1. Definitions. As used in this section, the following terms have the
4.16meanings given them.
4.17(a) "Security information" means government data the disclosure of which the
4.18responsible authority determines would be likely to substantially jeopardize the security of
4.19information, possessions, individuals or property against theft, tampering, improper use,
4.20attempted escape, illegal disclosure, trespass, or physical injury. "Security information"
4.21includes crime prevention block maps and lists of volunteers who participate in community
4.22crime prevention programs and their home addresses and telephone numbers.
4.23(b) "Trade secret information" means government data, including a formula, pattern,
4.24compilation, program, device, method, technique or process (1) that was supplied by the
4.25affected individual or organization, (2) that is the subject of efforts by the individual or
4.26organization that are reasonable under the circumstances to maintain its secrecy, and (3)
4.27that derives independent economic value, actual or potential, from not being generally
4.28known to, and not being readily ascertainable by proper means by, other persons who can
4.29obtain economic value from its disclosure or use.
4.30(c) "Labor relations information" means management positions on economic and
4.31noneconomic items that have not been presented during the collective bargaining process
4.32or interest arbitration, including information specifically collected or created to prepare
4.33the management position.
4.34(d) "Parking space leasing data" means the following government data on an
4.35applicant for, or lessee of, a parking space: residence address, home telephone number,
5.1beginning and ending work hours, place of employment, work telephone number, and
5.2location of the parking space.
5.3 Sec. 7. Minnesota Statutes 2010, section 13.37, subdivision 2, is amended to read:
5.4 Subd. 2. Classification. (a) The following government data is classified as nonpublic
5.5data with regard to data not on individuals, pursuant to section
5.6private data with regard to data on individuals, pursuant to section
5.7Security information; trade secret information; sealed absentee ballots prior to opening
5.8by an election judge; sealed bids, including the number of bids received, prior to the
5.9opening of the bids; parking space leasing data; and labor relations information, provided
5.10that specific labor relations information which relates to a specific labor organization is
5.11classified as protected nonpublic data pursuant to section
5.12(b) If a government entity denies a data request based on a determination that the
5.13data are security information, upon request, the government entity must provide a short
5.14description explaining the necessity for the classification.
5.15 Sec. 8. Minnesota Statutes 2010, section 13.39, is amended by adding a subdivision to
5.16read:
5.17 Subd. 4. Exclusion. This section does not apply when the sole issue or dispute is a
5.18government entity's timeliness in responding to a data request.
5.19 Sec. 9. Minnesota Statutes 2010, section 13.43, subdivision 1, is amended to read:
5.20 Subdivision 1. Definition. As used in this section, "personnel data" means
5.21government data on individuals maintained because the individual is or was an employee
5.22of or an applicant for employment by, performs services on a voluntary basis for, or acts
5.23as an independent contractor with a government entity.
5.24
5.25
5.26
5.27
5.28
5.29 Sec. 10. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision
5.30to read:
5.31 Subd. 7a. Employee suggestion data. Personnel data includes data submitted by
5.32an employee to a government entity as part of an organized self-evaluation effort by the
6.1government entity to request suggestions from all employees on ways to cut costs, make
6.2government more efficient, or improve the operation of government. An employee who
6.3is identified in a suggestion has access to all data in the suggestion except the identity
6.4of the employee making the suggestion.
6.5 Sec. 11. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision to
6.6read:
6.7 Subd. 19. Employee of contractor or subcontractor. The personal telephone
6.8number, home address, and e-mail address of an employee of a contractor or subcontractor
6.9doing business with a government entity are private data on individuals.
6.10 Sec. 12. Minnesota Statutes 2010, section 13.601, subdivision 3, is amended to read:
6.11 Subd. 3. Applicants for appointment. (a) Data about applicants for appointment to
6.12a public body collected by a government entity as a result of the applicant's application for
6.13appointment to the public body are private data on individuals except that the following
6.14are public:
6.15 (1) name;
6.16 (2) city of residence, except when the appointment has a residency requirement that
6.17requires the entire address to be public;
6.18 (3) education and training;
6.19 (4) employment history;
6.20 (5) volunteer work;
6.21 (6) awards and honors;
6.22 (7) prior government service;
6.23 (8) any data required to be provided or that
6.24application for appointment to a multimember agency pursuant to section
6.25(9) veteran status.
6.26 (b) Once an individual is appointed to a public body, the following additional items
6.27of data are public:
6.28 (1) residential address;
6.29 (2) either a telephone number or electronic mail address where the appointee can be
6.30reached, or both at the request of the appointee
6.31(3) first and last dates of service on the public body;
6.32(4) the existence and status of any complaints or charges against an appointee; and
7.1(5) upon completion of an investigation of a complaint or charge against an
7.2appointee, the final investigative report is public, unless access to the data would
7.3jeopardize an active investigation.
7.4 (c) Notwithstanding paragraph (b), any electronic mail address or telephone number
7.5provided by a public body for use by an appointee shall be public. An appointee may
7.6use an electronic mail address or telephone number provided by the public body as the
7.7designated electronic mail address or telephone number at which the appointee can be
7.8reached.
7.9 Sec. 13. Minnesota Statutes 2010, section 13.82, is amended by adding a subdivision
7.10to read:
7.11 Subd. 30. Inactive financial transaction investigative data. Investigative data
7.12that become inactive under subdivision 7 that are a person's financial account number or
7.13transaction numbers are private data on individuals or nonpublic data.
7.14 Sec. 14. Minnesota Statutes 2010, section 13D.015, subdivision 5, is amended to read:
7.15 Subd. 5. Notice. If telephone or another electronic means is used to conduct a
7.16regular, special, or emergency meeting, the entity shall provide notice of the regular
7.17meeting location, of the fact that some members may participate by electronic means, and
7.18of the provisions of subdivision 4. The timing and method of providing notice is governed
7.19by section
7.20days before
7.21 Sec. 15. Minnesota Statutes 2010, section 84.0874, is amended to read:
7.2284.0874 ELECTRONIC LICENSING SYSTEM DATA.
7.23The following data created, collected, stored, or maintained by the department for
7.24purposes of obtaining a noncommercial game and fish license, cross-country ski pass,
7.25horse pass, or snowmobile trail sticker; registering a recreational motor vehicle; or any
7.26other electronic licensing transaction are private data on individuals as defined in section
7.28data may be disclosed for law enforcement purposes. The data, other than the driver's
7.29license number, may be disclosed:
7.30(1) to a government entity and for natural resources management purposes, including
7.31recruitment, retention, and training certification and verification
7.32(2) for use in the normal course of business by a legitimate business or its agents,
7.33employees, or contractors, in order to verify the accuracy of personal information
8.1submitted by an individual. If the information as submitted is not correct or is no longer
8.2correct, correct information may be obtained only for the purpose of preventing fraud
8.3by, pursuing legal remedies against, or recovering on a debt or security interest against
8.4the individual. If the person requesting access is acting as the agent of a lienholder, the
8.5requestor must submit proof of a contract with the lienholder;
8.6(3) for use in connection with any civil, criminal, administrative, or arbitration
8.7proceedings in any court or agency or before any self-regulatory body, including service
8.8of process, investigation in anticipation of litigation, and the execution or enforcement of
8.9judgments and orders, or pursuant to a court order, provided that the requestor provides a
8.10copy of the order;
8.11(4) for use in providing notice to the owners of towed or impounded recreational
8.12vehicles or watercraft. The person requesting access must provide the name, address, and
8.13telephone number of the entity that requested that the recreational vehicle or watercraft
8.14be towed;
8.15(5) for use by any insurer or insurance support organization, or by a self-insured
8.16entity, or its agents, employees, or contractors, in connection with claims investigation
8.17activities, antifraud activities, rating, or underwriting; or
8.18(6) for use by any licensed private investigative agency or licensed security service.
8.19 Sec. 16. REPEALER.
8.20Minnesota Statutes 2010, section 13.05, subdivisions 1, 2, and 8, are repealed.
