Data Practices


Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project

Chapter 82, Sections 5 and 38 (SF 745)
Amends Minn. Stat. §§ 13.43, subd. 14; and 626.556, subd. 7
Effective August 1, 2013

Requires a school to notify a parent, legal guardian or custodian of a child that an incident occurred in a school facility that could constitute maltreatment of the child even if a maltreatment report is not required under the Maltreatment Reporting Act (Minn. Stat. § 626.556). Requires the notification of the incident to: (1) occur as soon as practicable and (2) include when the incident occurred and the nature of the conduct. Allows personnel data to be released for purposes of providing the information required for notification.

Chapter 82, Sections 7 and 8 (SF 745)
Amends Minn. Stat. §§ 13.64, subd. 2; and 13.72, subd. 10
Various Effective Dates

A. Persons who use certain Assistive Technology Devices
Classifies data maintained by the Department of Administration on individuals or their family members who use services funded by the federal Assistive Technology Act (See 29 U.S.C. §§ 3001 - 3007) as private data, if the services are for: (1) assistive technology device demonstrations; (2) transition training; (3) loans; (4) reuse; or (5) alternative financing.
Effective August 1, 2013

B. Transportation Data
Includes names or applicants for services for the elderly or disabled from the Department of Transportation as private data.
Note: Other personal/application data is already private under existing law.
Effective May 24, 2013

Chapter 82, Section 19 (SF 745)
Amends Minn. Stat. § 268.19, subd. 1
Effective August 1, 2013

Extends access to data gathered under the Minnesota Unemployment Insurance Law to the Department of Corrections for purposes of pre- and post-probation employment tracking, except as otherwise prohibited. Provides that consent of the subject is not required to share the data with the Department of Corrections.


A. Data and Systems Access
Chapter 82, Sections 26 - 37 (SF 745)
Amends Minn. Stat. §§ 299C.46, subds. 1, 2, 2a, and 3; 299F.035, subds. 1 and 2; 299F.77; 340A.301, subd. 2; 340A.402; 611.272; and 611A.203, subd. 4
Adds Minn. Stat. § 299C.72
Various Effective Dates

Updates, and in some cases expands, access to the secure data systems and services maintained by BCA. Also sets forth processes for background checks for various types of employment or licenses.

1. Federal Agency Access
Redefines "criminal justice agency" (and correspondingly, "noncriminal justice agency") to include: (1) federal agencies that are involved in criminal or traffic laws in the state; and (2) federal offices that serve all or part of the state from an office outside of Minnesota.
Effective August 1, 2013

2. Criminal Justice Communication Network Data

a. Expanding/Clarifying Access
Expands access to the network data to: (1) an agency pursuant to federal law or regulation or state law; and (2) a court pursuant to federal law or regulation or state law for disposition of a pending case. Clarifies that for agencies to have access for public protection in a public emergencies, the emergency must be declared.
Effective August 1, 2013

b. Expansion of Access to Other States or Countries
Expands the authority of the Department of Public Safety to arrange for the connection of the network with the criminal justice information system of other states and any country for, among other things, federal security clearances related to national security and declared public emergencies.
Effective August 1, 2013

Note: Currently, Department of Public Safety authorization for the purposes provided extends only so far as any adjacent state and Canada.

c. Requirements for Access

1. Criminal Justice Agencies
Requires, generally for access by an agency other than one located in the Minnesota judicial branch: (1)
payment of any fees: (2) agreement to comply with the BCA security policies and the Data Practices Act; (3)
performance of FBI fingerprints on all employees and contractors.
Effective August 1, 2013
2. Judicial Branch
Clarifies that, a criminal justice agency that is part of the Judicial Branch need comply with the Data
Practices Act only to the extent compliance is applicable and consistent with the Judicial Branch's Rules of
Public Access to Judicial Branch records. Provides that all other requirements applicable to criminal justice
agencies must be met.
Effective August 1, 2013
3. Noncriminal Justice Agencies
Requires that noncriminal justice agencies that do not have a secure network with the BCA database must
perform an additional background check on anyone who has access or reviews information from the database,
even if the data is provided through another network/process authorized by law.
Effective August 1, 2013
4. Public Defenders
Expands access for public defenders regarding witnesses in criminal trials to additionally include: (1) custody
status; (2) custody history; (3) aliases and known monikers; (4) race; (5) probation status; (6) identity of
probation officer; and (7) booking photos.
Effective August 1, 2013
5. Domestic Fatality Review Team
Expands access for Domestic Fatality Review Team to all corrections and detention data under Minn. Stat. §
13.85. Note: This is essentially all data held by corrections and
detention facility.
Effective May 24, 2013

B. Background Checks

1. City/County Employment, Volunteer or License
Establishes process and scope of requirements for criminal background checks for persons seeking: (1) employment or volunteer opportunities; or (2) licenses from city or county government. Establishes statutory requirements and processes for: (1) Fire Departments, including Fire Marshals, which include juvenile records; (2) persons applying for an explosives license; (3) wholesale and retail liquor distributors.

C. Return of Data Under Minnesota Statutes, Chapter 299C
Chapter 82, Section 25 (SF 745)
Amends Minn. Stat. § 299C.11, subd. 1
Effective August 1, 2013

Requires the BCA to destroy non-DNA identification data when a petitioner meets the existing petition requirements for "return" of all such data from BCA and local law enforcement.

Note: Current law requires BCA to physically return the data to the petitioner.

Chapter 34, Sections 1, 2, 8, and 10 (SF 769)
Amends Minn. Stat. §§ 13,871, subd. 5; 629.72, subd. 6; 629.73
Adds Minn. Stat. § 13.854
Effective August 1, 2014

Classifies as private data a victim's: (1) identifying information; (2) requests for notification; and (3) provision of notification regarding the release of a person held in custody.

Chapter 82, Section 1 (SF 745)
Adds Minn. Stat. § 13.356
Effective May 24, 2013 and applies to data collected, maintained or received before, on or after that date

Classifies as private data the following information required to establish an online subscription with an agency subject to Chapter 13: (1) a person's email; (2) a person's telephone number; and (3) Internet I information needed (including user names and passwords). Provides that the private data classification applies to information collected, received or maintained by a government entity for purposes of receiving periodic publications from the government entity. Excludes from protection: (1) public comments; (2) information submitted to the Minnesota Campaign Finance Disclosure Board; or (3) data in an agency's rulemaking list. Limits use of the data for only the purpose for which it was provided. Provides that no Tennessen warning is required for data collected under this provision.