piers109uk/MN-Statutes huggingface dataset:
12B.35 APPLICANT'S SHARE.
An applicant's share of eligible costs incurred must not be less than 25 percent. The substantiated value of donated materials, equipment, services, and labor may be used as all or part of the applicant's share of eligible costs, subject to the following:
(1) all items and sources of donation must be indicated on the application and any supporting documentation submitted to the commissioner;
(2) the rate for calculating the value of donated, nonprofessional labor is the prevailing federal minimum wage;
(3) the value of donated equipment may not exceed the highway equipment rates approved by the commissioner of transportation; and
(4) the value of donated materials and professional services must conform to market rates and be established by invoice.
12B.40 APPLICATION PROCESS.
(a) The director must develop application materials and may update the materials as needed. Application materials must include instructions and requirements for assistance under this chapter.
(b) A county government has 30 days from the end of the incident period or the president's official denial of the governor's request for a declaration of a major disaster to request that the governor declare a state disaster. The director may deny a late request. The county government's request for a state disaster declaration must include:
(1) the cause, location of damage, and incident period;
(2) documentation of a local, tribal, county, or state disaster or emergency declaration in response to the disaster;
(3) a description of damages, an initial damage assessment, and the amount of eligible costs incurred by the applicant;
(4) a statement or evidence that the applicant has the ability to pay for at least 25 percent of total eligible costs incurred from the disaster; and
(5) a statement or evidence that the local government has incurred damages equal to or exceeding 50 percent of the federal countywide threshold in effect during the incident period.
(c) An applicant has 60 days from the governor's declaration of a state disaster to submit a complete application for state public disaster assistance to the director.
(d) The director must review the application and supporting documentation for completeness and may return the application with a request for more detailed information. The director may consult with local public officials to ensure the application reflects the extent and magnitude of the damage and to reconcile any differences. The application is not complete until the director receives all requested information.
(e) If the director returns an application with a request for more detailed information or for correction of deficiencies, the applicant must submit all required information within 30 days of the applicant's receipt of the director's request. The applicant's failure to provide the requested information in a timely manner without a reasonable explanation may be cause for denial of the application.
(f) The director has no more than 60 days from the receipt of a complete application to approve or deny the application, or the application is deemed approved. If the director denies an application, the director must send a denial letter. If the director approves an application or the application is automatically deemed approved after 60 days, the director must notify the applicant of the steps necessary to obtain reimbursement of eligible costs, including submission of invoices or other documentation substantiating the costs submitted for reimbursement.
12B.25 ELIGIBILITY CRITERIA; CONSIDERATIONS.
The director, serving as the governor's authorized representative, may enter into grant agreements with eligible applicants to provide state financial assistance made available as a result of a disaster that satisfies all of the following criteria:
(1) the state or applicable county government declares a disaster or emergency during the incident period;
(2) damages suffered and eligible costs incurred are the direct result of the disaster;
(3) federal disaster assistance is not available to the applicant because the governor did not request a presidential declaration of major disaster, the president denied the governor's request, or the applicant is not eligible for federal disaster assistance because the state or county did not meet the per capita impact indicator under FEMA's Public Assistance Program;
(4) the applicant incurred eligible damages that, on a per capita basis, equal or exceed 50 percent of the countywide per capita impact indicator under FEMA's Public Assistance Program;
(5) the applicant assumes responsibility for 25 percent of the applicant's total eligible costs; and
(6) the applicant satisfies all requirements in this chapter.
When evaluating applicant eligibility under subdivision 1, the director must consider:
(1) the availability of other resources from federal, state, local, private, or other sources; and
(2) the availability or existence of insurance.
12.46 LIMITATION OF POWERS.
Nothing in this chapter authorizes the governor or the director:
(1) by subpoena or otherwise to require any person to appear before any person or to produce any records for inspection by any person, or to examine any person under oath; and
(2) to remove summarily from office any person, other than a person appointed under this chapter, except as now provided by law or as herein specifically authorized.
12.61 TEMPORARY MEDICAL CARE FACILITIES; LIABILITY.
For purposes of this section:
(a) "Emergency plan" includes:
(i) any plan for managing an emergency threatening public health developed by the commissioner of health or a local public health agency;
(ii) any plan for managing an emergency threatening public health developed by one or more hospitals, clinics, nursing homes, or other health care facilities or providers and approved by the commissioner of health or local public health agency in consultation with emergency management officials; or
(iii) any provision for assistance by out-of-state responders under interstate or international compacts, including but not limited to the Emergency Management Assistance Compact.
(b) "Regional hospital system" means all hospitals in one of the hospital bioterrorism preparedness program geographic regions of the state set forth in the most recent hospital preparedness plan available on the Department of Health website.
(c) "Responder" means any person or organization whether paid or volunteer that provides health care or other health-related services in an emergency including, but not limited to, physicians, physician assistants, registered and other nurses, certified nursing assistants, or other staff within a health care provider organization, pharmacists, chiropractors, dentists, emergency medical technicians, members of a specialized medical response unit, laboratory technicians, morticians, registered first responders, mental health professionals, hospitals, nursing and boarding care facilities, home health care agencies, other long-term care providers, medical and dental clinics, medical laboratories, and ambulance service personnel, dispatch services, and persons not registered as first responders but affiliated with a medical response unit and dispatched to the scene of an emergency by a public safety answering point or licensed ambulance service.
(a) During a national security emergency or a peacetime emergency declared under section 12.31, the governor may issue an emergency executive order upon finding that the number of seriously ill or injured persons exceeds the emergency hospital or medical transport capacity of one or more regional hospital systems and that care for those persons has to be given in temporary care facilities.
(b) During the effective period of the emergency executive order, a responder in any impacted region acting consistent with emergency plans is not liable for any civil damages or administrative sanctions as a result of good-faith acts or omissions by that responder in rendering emergency care, advice, or assistance. This section does not apply in case of malfeasance in office or willful or wanton actions.
12.45 VIOLATIONS, PENALTIES.
Unless a different penalty or punishment is specifically prescribed, a person who willfully violates a provision of this chapter or a rule or order having the force and effect of law issued under authority of this chapter is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000, or by imprisonment for not more than 90 days.
12B.30 ELIGIBLE COSTS.
Costs eligible for payment under this chapter are those costs that would be eligible for federal financial assistance under FEMA's Public Assistance Program.
Ineligible costs are all costs not included in subdivision 1, including but not limited to:
(1) ordinary operating expenses, including salaries and expenses of employees and public officials that are not directly related to the disaster response;
(2) costs for which payment has been or will be received from any other funding source;
(3) disaster-related costs that should, in the determination of the director, be covered and compensated by insurance; and
(4) projects and claims totaling less than the minimum FEMA project threshold.
12B.50 FUNDING FROM OTHER SOURCES; REPAYMENT REQUIRED.
If an applicant subsequently recovers eligible costs from another source after receiving payment under this chapter, the applicant must pay the commissioner an amount equal to the corresponding state funds received within 30 days. The commissioner must deposit any repayment in the disaster response contingency account in section 12.221, subdivision 6.
13.01 GOVERNMENT DATA.
All government entities shall be governed by this chapter.
This chapter may be cited as the "Minnesota Government Data Practices Act."
This chapter regulates the collection, creation, storage, maintenance, dissemination, and access to government data in government entities. It establishes a presumption that government data are public and are accessible by the public for both inspection and copying unless there is federal law, a state statute, or a temporary classification of data that provides that certain data are not public.
The headnotes printed in boldface type before paragraphs in this chapter are mere catchwords to indicate the content of a paragraph and are not part of the statute.
(a) The sections referenced in this chapter that are codified outside this chapter classify government data as other than public, place restrictions on access to government data, or involve data sharing.
(b) Those sections are governed by the definitions and general provisions in sections 13.01 to 13.07 and the remedies and penalties provided in sections 13.08 and 13.09, except:
(1) for records of the judiciary, as provided in section 13.90; or
(2) as specifically provided otherwise by law.
13.025 GOVERNMENT ENTITY OBLIGATION.
The responsible authority shall prepare an inventory containing the authority's name, title, address, and a description of each category of record, file, or process relating to private or confidential data on individuals maintained by the authority's government entity. Forms used to collect private and confidential data may be included in the inventory. The responsible authority shall update the inventory annually and make any changes necessary to maintain the accuracy of the inventory. The inventory must be available from the responsible authority to the public according to the provisions of sections 13.03 and 15.17. The commissioner may require responsible authorities to submit copies of the inventory and may request additional information relevant to data collection practices, policies, and procedures.
The responsible authority shall prepare a written data access policy and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public's ability to access data.
The responsible authority shall prepare a written policy of the rights of data subjects under section 13.04 and the specific procedures used by the government entity for access by the data subject to public or private data on individuals. The written policy must be updated no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public's ability to access data.
The responsible authority shall make copies of the policies required under subdivisions 2 and 3 easily available to the public by distributing free copies to the public or by posting the policies in a conspicuous place within the government entity that is easily accessible to the public or by posting it on the government entity's website.
13.07 DUTIES OF COMMISSIONER; RULES.
The commissioner shall promulgate rules, in accordance with the rulemaking procedures in the Administrative Procedure Act which shall apply to government entities to implement the enforcement and administration of this chapter. The rules shall not affect section 13.04, relating to rights of subjects of data. Prior to the adoption of rules authorized by this section the commissioner shall give notice to all state agencies and political subdivisions in the same manner and in addition to other parties as required by section 14.06 of the date and place of hearing, enclosing a copy of the rules to be adopted.
13.15 COMPUTER DATA.
As used in this section, the following terms have the meanings given.
(a) "Electronic access data" means data created, collected, or maintained about a person's access to a government entity's computer for the purpose of:
(1) gaining access to data or information;
(2) transferring data or information; or
(3) using government services.
(b) "Cookie" means any data that a government-operated computer electronically places on the computer of a person who has gained access to a government computer.
Electronic access data are private data on individuals or nonpublic data.
(a) A government entity that creates, collects, or maintains electronic access data or uses its computer to install a cookie on a person's computer must inform persons gaining access to the entity's computer of the creation, collection, or maintenance of electronic access data or the entity's use of cookies before requiring the person to provide any data about the person to the government entity. As part of that notice, the government entity must inform the person how the data will be used and disseminated, including the uses and disseminations in subdivision 4.
(b) Notwithstanding a person's refusal to accept a cookie on the person's computer, a government entity must allow the person to gain access to data or information, transfer data or information, or use government services by the government entity's computer.
Electronic access data may be disseminated:
(1) to the commissioner for the purpose of evaluating electronic government services;
(2) to another government entity or a federal law enforcement agency to prevent or report unlawful intrusions into government electronic systems; or
(3) as otherwise provided by law.
This section does not apply to a cookie temporarily installed by a government entity on a person's computer during a single session on or visit to a government entity's website if the cookie is installed only in a computer's memory and is deleted from the memory when the website browser or website application is closed.
13.201 RIDESHARE DATA.
The following data on participants, collected by a government entity to administer rideshare programs, are classified as private under section 13.02, subdivision 12, or nonpublic under section 13.02, subdivision 9: residential address and telephone number; beginning and ending work hours; current mode of commuting to and from work; place of employment; photograph; biographical information; and type of rideshare service information requested.
13.09 PENALTIES.
(a) Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter or whose conduct constitutes the knowing unauthorized acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a misdemeanor.
(b) Willful violation of this chapter, including any action subject to a criminal penalty under paragraph (a), by any public employee constitutes just cause for suspension without pay or dismissal of the public employee.
13.203 SERVICE COOPERATIVE CLAIMS DATA.
Claims experience and all related information received from carriers and claims administrators participating in a group health or dental plan, including any long-term disability plan, offered through the Minnesota service cooperatives to Minnesota school districts and other political subdivisions, and survey information collected from employees and employers participating in these plans and programs, except when the executive director of a Minnesota service cooperative determines that release of the data will not be detrimental to the plan or program, are classified as nonpublic data not on individuals.
13.202 POLITICAL SUBDIVISION DATA CODED ELSEWHERE.
The sections referenced in subdivisions 2 to 12 are codified outside this chapter. Those sections classify political subdivision data as other than public, place restrictions on access to government data, or involve data sharing.
Certain data in an application for property tax abatement are classified under section 375.192, subdivision 2.
(a) Data collected by the Hennepin Healthcare System, Inc. are governed under section 383B.917, subdivision 1.
(b) Records of Hennepin County board meetings permitted to be closed under section 383B.217, subdivision 7, are classified under that subdivision.
Certain data collected or created in the course of a coroner's or medical examiner's inquest are classified under sections 390.11, subdivision 7, and 390.32, subdivision 6.
Data obtained in an audit of a solid waste collector under section 400.08, subdivision 4, are classified under that subdivision.
Public utility data and names, addresses, and telephone numbers provided to a 911 system under section 403.07, subdivisions 3 and 4, are classified under those subdivisions.
Financial information received or prepared by a Public Facilities Authority is classified under section 446A.04, subdivision 18.
[Repealed, 2002 c 220 art 10 s 40]
(a) Self-insurer claims. Disclosure of information about individual claims filed by the employees of a municipality which is a self-insurer is governed by section 471.617, subdivision 5.
(b) Meetings of governing bodies. Treatment of data discussed at meetings of governing bodies is governed by section 13D.05.
(c) Job evaluation system reports. Treatment of reports containing the results of job evaluation systems is governed by section 471.995.
(d) Pay equity compliance. Implementation reports of equitable compensation plans are classified by section 471.9981, subdivision 5b.
[Repealed, 2014 c 258 s 4]
(a) Affirmative action plans. Treatment of data relating to metropolitan agency affirmative action plans is governed by section 473.143, subdivisions 5 and 7.
(b) Contracts for management services. Data relating to compensation of personnel who work under a management service contract are classified by section 473.405, subdivision 12.
(c) Arena acquisition. Certain data in connection with a decision whether to acquire a sports arena are classified under section 473.598, subdivision 4.
(d) Airports commission. Certain airline data submitted to the Metropolitan Airports Commission in connection with the issuance of revenue bonds are classified under section 473.6671, subdivision 3.
(e) Solid waste landfill fee. Information obtained from the operator of a mixed municipal solid waste disposal facility under section 473.843 is classified under section 473.843, subdivision 4.
(f) Metropolitan airport parking customers. Data relating to applicants for or users of automated parking facilities at the Minneapolis-St. Paul International Airport are classified under section 473.685.
Information contained in a register with respect to the ownership of certain municipal obligations is classified under section 475.55, subdivision 6.
13.204 POLITICAL SUBDIVISIONS LICENSING DATA.
(a) The following data submitted to a political subdivision by a person seeking to obtain a license are classified as private data on individuals or nonpublic data:
(1) a tax return, as defined by section 270B.01, subdivision 2; and
(2) a bank account statement.
(b) Notwithstanding section 138.17, data collected by a political subdivision as part of a license application and classified under paragraph (a) must be destroyed no later than 90 days after a final decision on the license application.
13.393 ATTORNEYS.
Notwithstanding the provisions of this chapter and section 15.17, the use, collection, storage, and dissemination of data by an attorney acting in a professional capacity for a government entity shall be governed by statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility; provided that this section shall not be construed to affect the applicability of any statute, other than this chapter and section 15.17, which specifically requires or prohibits disclosure of specific information by the attorney, nor shall this section be construed to relieve any responsible authority, other than the attorney, from duties and responsibilities pursuant to this chapter and section 15.17.
13.462 BENEFIT DATA.
As used in this section, "benefit data" are data on individuals collected or created because an individual seeks information about becoming, is, or was an applicant for or a recipient of benefits or services provided under various housing, home ownership, rehabilitation and community action agency, Head Start, and food assistance programs administered by government entities. Benefit data does not include welfare data which shall be administered in accordance with section 13.46.
The names and addresses of applicants for and recipients of benefits, aid, or assistance through programs administered by a government entity that are intended to assist with the purchase, rehabilitation, or other purposes related to housing or other real property are classified as public data on individuals. If an applicant or recipient is a corporation, the names and addresses of the officers of the corporation are public data on individuals. If an applicant or recipient is a partnership, the names and addresses of the partners are public data on individuals. The amount or value of benefits, aid, or assistance received is public data.
Unless otherwise provided by law, all other benefit data are private data on individuals, and shall not be disclosed except pursuant to court order or to an agent of the government entity, including appropriate law enforcement personnel, who are acting in an investigation or prosecution of a criminal or civil proceeding relating to the administration of a program described in subdivision 1.
13.35 FEDERAL CONTRACTS DATA.
To the extent that a federal agency requires it as a condition for contracting with a government entity, all government data collected and maintained by the government entity because that agency contracts with the federal agency are classified as either private or nonpublic depending on whether the data are data on individuals or data not on individuals.
13.34 EXAMINATION DATA.
Data consisting solely of testing or examination materials, or scoring keys used solely to determine individual qualifications for appointment or promotion in public service, or used to administer a licensing examination, or academic examination, the disclosure of which would compromise the objectivity or fairness of the testing or examination process are classified as nonpublic, except pursuant to court order. Completed versions of personnel, licensing, or academic examinations shall be accessible to the individual who completed the examination, unless the responsible authority determines that access would compromise the objectivity, fairness, or integrity of the examination process. Notwithstanding section 13.04, the responsible authority shall not be required to provide copies of completed examinations or answer keys to any individual who has completed an examination.
13.322 POSTSECONDARY EDUCATION DATA CODED ELSEWHERE.
The sections referred to in this section are codified outside this chapter. Those sections classify higher education data as other than public, place restrictions on access to government data, or involve data sharing.
Data sharing of immunization records is governed by section 135A.14, subdivision 4.
(a) General. Data sharing involving the Minnesota Office of Higher Education and other institutions is governed by section 136A.05.
(b) Student financial aid. Data collected and used by the Minnesota Office of Higher Education on applicants for financial assistance are classified under section 136A.162.
(c) Minnesota college savings plan data. Account owner data, account data, and data on beneficiaries of accounts under the Minnesota college savings plan are classified under section 136G.05, subdivision 10.
(d) School financial records. Financial records submitted by schools registering with the Minnesota Office of Higher Education are classified under section 136A.64.
(e) Enrollment and financial aid data. Data collected from eligible institutions on student enrollment and federal and state financial aid are governed by sections 136A.121, subdivision 18, and 136A.1701, subdivision 11.
(f) Student complaint data. Data collected from student complaints are governed by sections 136A.672, subdivision 6, and 136A.8295, subdivision 7.
Data obtained from an inspection of the financial records of a school are governed by section 136A.83.
Certain restrictions on the use of Social Security numbers are governed by section 325E.59.
Data relating to allegations of sexual assault at a postsecondary institution are classified under section 135A.15.
13.601 ELECTED AND APPOINTED OFFICIALS.
Financial disclosure statements of elected or appointed officials which, by requirement of the political subdivision, are filed with the political subdivision, are public data on individuals.
Correspondence between individuals and elected officials is private data on individuals, but may be made public by either the sender or the recipient.
(a) Data about applicants for appointment to a public body collected by a government entity as a result of the applicant's application for appointment to the public body are private data on individuals except that the following are public:
(1) name;
(2) city of residence, except when the appointment has a residency requirement that requires the entire address to be public;
(3) education and training;
(4) employment history;
(5) volunteer work;
(6) awards and honors;
(7) prior government service;
(8) any data required to be provided or that are voluntarily provided in an application for appointment to a multimember agency pursuant to section 15.0597; and
(9) veteran status.
(b) Once an individual is appointed to a public body, the following additional items of data are public:
(1) residential address;
(2) either a telephone number or electronic mail address where the appointee can be reached, or both at the request of the appointee;
(3) first and last dates of service on the public body;
(4) the existence and status of any complaints or charges against an appointee; and
(5) upon completion of an investigation of a complaint or charge against an appointee, the final investigative report is public, unless access to the data would jeopardize an active investigation.
(c) Notwithstanding paragraph (b), any electronic mail address or telephone number provided by a public body for use by an appointee shall be public. An appointee may use an electronic mail address or telephone number provided by the public body as the designated electronic mail address or telephone number at which the appointee can be reached.
13.319 EDUCATION DATA CODED ELSEWHERE.
The sections referred to in this section are codified outside this chapter. Those sections classify education data as other than public, place restrictions on access to government data, or involve data sharing.
[Repealed, 2007 c 13 art 2 s 2]
Data on individuals receiving services under certain programs administered by the Department of Education are classified under section 142D.12, subdivision 2.
Treatment of data on individuals applying for benefits or services under energy programs is governed by section 216C.266.
[Renumbered 13.461, subd 30]
[Repealed, 2016 c 158 art 4 s 5]
[Repealed, 2004 c 290 s 39]
Section 122A.18, subdivision 1, governs data sharing between the Department of Education, the Professional Educator Licensing and Standards Board, and the Board of School Administrators for program approval and improvement for education programs.
13.321 PREKINDERGARTEN TO GRADE 12 EDUCATIONAL DATA CODED ELSEWHERE.
The sections referred to in subdivisions 2 to 10 are codified outside this chapter. Those sections classify prekindergarten to grade 12 educational data as other than public, place restrictions on access to government data, or involve data sharing.
Data sharing involving the statewide testing and reporting system is governed by sections 120B.305, subdivision 3, and 120B.31, subdivision 4.
Certain school accountability data are governed by sections 120B.35, subdivision 3, and 120B.36, subdivisions 1, paragraph (e), and 2.
Access to disposition orders received by schools is governed by section 121A.75.
(a) Immunization data. Data sharing involving immunization records is governed by section 121A.15, subdivision 7.
(b) Developmental screening. Data collected in early childhood developmental screening programs are classified under section 142D.092.
(c) Exclusions and expulsions. Data sharing involving exclusions and expulsions is classified under section 121A.53.
Data on certain teacher discharges and resignations reported under section 122A.20 are classified under that section.
Data involving energy efficiency project contracts are governed by section 123B.65, subdivision 10.
Data sharing related to the performance tracking system is governed by section 124D.52.
(a) Third-party payment. Disclosure of student data to health plan companies is governed by section 125A.21, subdivision 7.
(b) Agency access. Agency access to data about a child with a disability is governed by section 125A.23.
(c) Interagency early intervention committees. Data sharing involving interagency early intervention committees is governed by sections 125A.027, subdivision 1, and 125A.30.
Data collected on enrollment forms to allow students to self-identify as military-connected youth are governed by section 127A.852.
Data involving the High School League are governed by section 128C.17.
Data on individual teachers generated from a value-added assessment model are governed under section 120B.35.
Data practices governing comprehensive achievement and civic readiness under section 120B.11 and student progress data under section 120B.35 are governed by section 120B.36, subdivision 2.
Data involving the Department of Education's Office of the Inspector General are governed by section 127A.21.
13.355 SOCIAL SECURITY NUMBERS.
The Social Security numbers of individuals, whether provided in whole or in part, collected or maintained by a government entity are private data on individuals, except to the extent that access to the Social Security number is specifically authorized by law.
Subdivision 1 does not apply to Social Security numbers that appear in documents or records filed or recorded with the county recorder or registrar of titles, other than documents filed under section 600.23.
A government entity must not:
(1) mail or deliver or cause to be mailed or delivered an item that displays a Social Security number on the outside of the item or in a manner where the Social Security number is visible without opening the item; or
(2) require or request a person to mail or deliver or cause to be mailed or delivered an item that displays a Social Security number on the outside of the item or in a manner where the Social Security number is visible without opening the item.
13.384 MEDICAL DATA.
As used in this section:
(a) "Directory information" means name of the patient, date admitted, and general condition.
(b) "Medical data" are data collected because an individual was or is a patient or client of a hospital, nursing home, medical center, clinic, health or nursing agency operated by a government entity including business and financial records, data provided by private health care facilities, and data provided by or about relatives of the individual.
(a) During the time that a person is a patient in a hospital operated by a government entity under legal commitment, directory information is public data. After the person is released by termination of the person's legal commitment, the directory information is private data on individuals.
(b) If a person is a patient other than pursuant to commitment in a hospital controlled by a government entity, directory information is public data unless the patient requests otherwise, in which case it is private data on individuals.
(c) Directory information about an emergency patient who is unable to communicate which is public under this subdivision shall not be released until a reasonable effort is made to notify the next of kin or health care agent. Although an individual has requested that directory information be private, the hospital may release directory information to a law enforcement agency pursuant to a lawful investigation pertaining to that individual.
Unless the data is summary data or a statute specifically provides a different classification, medical data are private but are available only to the subject of the data as provided in sections 144.291 to 144.298, and shall not be disclosed to others except:
(a) pursuant to section 13.05;
(b) pursuant to section 253B.0921;
(c) pursuant to a valid court order;
(d) to administer federal funds or programs;
(e) to the surviving spouse, parents, children, siblings, and health care agent of a deceased patient or client or, if there are no surviving spouse, parents, children, siblings, or health care agent to the surviving heirs of the nearest degree of kindred;
(f) to communicate a patient's or client's condition to a family member, health care agent, or other appropriate person in accordance with acceptable medical practice, unless the patient or client directs otherwise; or
(g) as otherwise required by law.
13.356 PERSONAL CONTACT AND ONLINE ACCOUNT INFORMATION.
(a) The following data on an individual collected, maintained, or received by a government entity for notification purposes or as part of a subscription list for an entity's electronic periodic publications as requested by the individual are private data on individuals:
(1) telephone number;
(2) email address; and
(3) Internet user name, password, Internet protocol address, and any other similar data related to the individual's online account or access procedures.
(b) Section 13.04, subdivision 2, does not apply to data classified under paragraph (a). Paragraph (a) does not apply to data submitted by an individual to the Campaign Finance Board to meet the legal requirements imposed by chapter 10A, to data submitted for purposes of making a public comment, or to data in a state agency's rulemaking email list.
(c) Data provided under paragraph (a) may only be used for the specific purpose for which the individual provided the data.
13.387 HEALTH CARE CONTRACT DATA.
The provisions of section 13.05, subdivision 11, apply to health plan companies, managed care organizations, county-based purchasing plans, third-party administrators, providers, or other vendors, or their parent or subsidiary, contracting with a government entity for health care related services. This section is effective June 30, 2015.
13.386 TREATMENT OF GENETIC INFORMATION HELD BY GOVERNMENT ENTITIES AND OTHER PERSONS.
(a) "Genetic information" means information about an identifiable individual derived from the presence, absence, alteration, or mutation of a gene, or the presence or absence of a specific DNA or RNA marker, which has been obtained from an analysis of:
(1) the individual's biological information or specimen; or
(2) the biological information or specimen of a person to whom the individual is related.
(b) "Genetic information" also means medical or biological information collected from an individual about a particular genetic condition that is or might be used to provide medical care to that individual or the individual's family members.
Genetic information held by a government entity is private data on individuals as defined by section 13.02, subdivision 12.
(a) Unless otherwise expressly provided by law, genetic information about an individual:
(1) may be collected by a government entity, as defined in section 13.02, subdivision 7a, or any other person only with the written informed consent of the individual;
(2) may be used only for purposes to which the individual has given written informed consent;
(3) may be stored only for a period of time to which the individual has given written informed consent; and
(4) may be disseminated only:
(i) with the individual's written informed consent; or
(ii) if necessary in order to accomplish purposes described by clause (2). A consent to disseminate genetic information under item (i) must be signed and dated. Unless otherwise provided by law, such a consent is valid for one year or for a lesser period specified in the consent.
(b) Newborn screening activities conducted under sections 144.125 to 144.128 are subject to paragraph (a). Other programs and activities governed under section 144.192 are not subject to paragraph (a).
MS 2012 [Expired, 2012 c 292 art 4 s 1]
13.39 CIVIL INVESTIGATION.
A "pending civil legal action" includes but is not limited to judicial, administrative or arbitration proceedings. Whether a civil legal action is pending shall be determined by the chief attorney acting for the government entity.
(a) Except as provided in paragraph (b), data collected by a government entity as part of an active investigation undertaken for the purpose of the commencement or defense of a pending civil legal action, or which are retained in anticipation of a pending civil legal action, are classified as protected nonpublic data pursuant to section 13.02, subdivision 13, in the case of data not on individuals and confidential pursuant to section 13.02, subdivision 3, in the case of data on individuals. Any government entity may make any data classified as confidential or protected nonpublic pursuant to this subdivision accessible to any person, agency or the public if the government entity determines that the access will aid the law enforcement process, promote public health or safety or dispel widespread rumor or unrest.
(b) A complainant has access to a statement provided by the complainant to a government entity under paragraph (a).
During the time when a civil legal action is determined to be pending under subdivision 1, any person may bring an action in the district court in the county where the data are maintained to obtain disclosure of data classified as confidential or protected nonpublic under subdivision 2. The court may order that all or part of the data be released to the public or to the person bringing the action. In making the determination whether data shall be disclosed, the court shall consider whether the benefit to the person bringing the action or to the public outweighs any harm to the public, the government entity, or any person identified in the data. The data in dispute shall be examined by the court in camera.
Inactive civil investigative data are public, unless the release of the data would jeopardize another pending civil legal action, and except for those portions of a civil investigative file that are classified as not public data by this chapter or other law. Any civil investigative data presented as evidence in court or made part of a court record shall be public. Civil investigative data become inactive upon the occurrence of any of the following events:
(1) a decision by the government entity or by the chief attorney acting for the government entity not to pursue the civil action;
(2) expiration of the time to file a complaint under the statute of limitations or agreement applicable to the civil action; or
(3) exhaustion of or expiration of rights of appeal by either party to the civil action.
Data determined to be inactive under clause (1) may become active if the government entity or its attorney decides to renew the civil action.
This section does not apply when the sole issue or dispute is a government entity's timeliness in responding to a data request.
13.392 INTERNAL AUDITING DATA.
Data, notes, and preliminary drafts of reports created, collected, and maintained by the internal audit offices of government entities, or persons performing audits for government entities, and relating to an audit or investigation are confidential data on individuals or protected nonpublic data until the final report has been published or the audit or investigation is no longer being pursued actively, except that the data shall be disclosed as required to comply with section 6.67 or 609.456. This section does not limit in any way:
(1) the state auditor's access to government data of political subdivisions or data, notes, or preliminary drafts of reports of persons performing audits for political subdivisions; or
(2) the public or a data subject's access to data classified by section 13.43.
Data on an individual supplying information for an audit or investigation, that could reasonably be used to determine the individual's identity, are private data on individuals if the information supplied was needed for an audit or investigation and would not have been provided to the internal audit office or person performing audits without an assurance to the individual that the individual's identity would remain private.
13.821 VIDEOTAPES OF CHILD ABUSE VICTIMS.
(a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not obtain a copy of a videotape in which a child victim or alleged victim is alleging, explaining, denying, or describing an act of physical or sexual abuse without a court order under section 13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual abuse in section 260E.03, apply to this section, except that abuse is not limited to acts by a person responsible for the child's care or in a significant relationship with the child or position of authority.
(b) This section does not limit other rights of access to data by an individual under section 13.04, subdivision 3, other than the right to obtain a copy of the videotape, nor prohibit rights of access pursuant to discovery in a court proceeding.
13.40 LIBRARY AND HISTORICAL DATA.
(a) For purposes of this section, "historical records repository" means an archives or manuscript repository operated by a government entity whose purpose is to collect and maintain data to further the history of a geographic or subject area. The term does not include the state archives as defined in section 138.17, subdivision 1, clause (5).
(b) Data collected, maintained, used, or disseminated by a library or historical records repository operated by a government entity shall be administered in accordance with the provisions of this chapter.
(a) Except as provided in paragraph (b), the following data maintained by a library are private data on individuals and may not be disclosed for other than library purposes except pursuant to a court order:
(1) data that link a library patron's name with materials requested or borrowed by the patron or that link a patron's name with a specific subject about which the patron has requested information or materials; or
(2) data in applications for borrower cards, other than the name of the borrower.
(b) A library may release reserved materials to a family member or other person who resides with a library patron and who is picking up the material on behalf of the patron. A patron may request that reserved materials be released only to the patron.
Data held in the custody of a historical records repository that were not originally created, received, maintained, or disseminated by a government entity are not government data. These data are accessible to the public unless:
(1) the data are contributed by private persons under an agreement that restricts access, to the extent of any lawful limitation; or
(2) access would significantly endanger the physical or organizational integrity of the data.
13.401 LIBRARY AND HISTORICAL DATA CODED ELSEWHERE.
The section referred to in subdivision 2 is codified outside this chapter. That section places a restriction on access to government data.
Limitations on access to records transferred to the state archives are provided in section 138.17, subdivision 1c.
13.411 LICENSING DATA CODED ELSEWHERE.
The sections referred to in this section are codified outside this chapter. Those sections classify licensing data as other than public, place restrictions on access to government data, or involve data sharing.
MS 2018 [Repealed, 2019 c 50 art 1 s 130]
Data obtained by the commissioner of health on unlicensed complementary and alternative health care practitioners and clients are classified under sections 146A.06 and 146A.08.
MS 2020 [Repealed, 2022 c 55 art 1 s 187]
MS 2020 [Repealed, 2022 c 55 art 1 s 187]
(a) Mortuary science. Data submitted to the commissioner of health for a license, reciprocal license, or renewal of a license to practice mortuary science are classified under sections 149A.20, subdivision 13, 149A.30, subdivision 7, and 149A.40, subdivision 10.
(b) Operation of funeral establishment. Data submitted to the commissioner of health for a license or renewal of a license to operate a funeral establishment are classified under sections 149A.50, subdivision 9, and 149A.51, subdivision 9.
(c) Operation of a crematory. Data submitted to the commissioner of health for a license or renewal of a license to operate a crematory are classified under sections 149A.52, subdivision 8, and 149A.53, subdivision 8.
(a) Health licensing boards. Data held by health licensing boards are classified under sections 214.10, subdivision 8, and 214.25, subdivision 1.
(b) Combined boards data. Data held by licensing boards participating in a health professional services program are classified under sections 214.34 and 214.35.
Certain data on applicants for licensure as private detectives are classified under section 326.3382, subdivision 3.
Data relating to disciplinary proceedings involving licensees of the Board of Accountancy are classified under section 326A.08, subdivision 2.
Data relating to disciplinary actions involving real estate appraisers are classified under section 82B.20, subdivision 4.
Section 626.8457, subdivision 3, governs data sharing between law enforcement agencies and the Peace Officer Standards and Training Board for purposes of administering the peace officer database required by section 626.845, subdivision 3.
Data submitted to the Office of Cannabis Management for a cannabis business license or a hemp business license and data relating to investigations and disciplinary proceedings involving cannabis businesses and hemp businesses licensed by the Office of Cannabis Management are classified under section 342.20.
13.435 SALARY BENEFIT SURVEY DATA.
Salary and personnel benefit survey data purchased from consulting firms, nonprofit corporations or associations or obtained from employers with the written understanding that the data shall not be made public which is maintained by government entities are classified as nonpublic pursuant to section 13.02, subdivision 9.