1.1 A bill for an act
1.2 relating to government data practices; providing personal information protections
1.3 to public safety officers; amending Minnesota Statutes 2024, section 609.5151;
1.4 proposing coding for new law in Minnesota Statutes, chapters 13; 626.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [13.807] PUBLIC SAFETY OFFICER DATA; PERSONAL
1.7INFORMATION.
1.8 (a) Subject to paragraph (b), the personal information of all public safety officers
1.9collected, created, or maintained by a government entity is private data on individuals. For
1.10purposes of this section, the terms "personal information" and "public safety officer" have
1.11the meanings given in section 626.97, subdivision 1.
1.12 (b) If the responsible authority or government entity violates this chapter, the remedies
1.13and penalties under this chapter are available only if the public safety officer making a claim
1.14previously provided written notification to the responsible authority confirming on a form
1.15provided by the commissioner of the Department of Public Safety that they are entitled to
1.16protection under section 626.97. If the subject of the data is an adult child of a public safety
1.17officer who does not reside with the public safety officer, the remedies and penalties under
1.18this chapter are available only if the adult child previously provided written notification to
1.19the responsible authority confirming their status as the child of a public safety officer. In
1.20the case of county records, the form shall be filed with the responsible authority that maintains
1.21the personal information for which the public safety officer is seeking protection. A form
1.22submitted under this section is private data on individuals. A notice filed under this paragraph
1Section 1.
REVISOR KLL H1567-2HF1567 SECOND ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1567
NINETY-FOURTH SESSION
Authored by Duran, Novotny, Stier, Engen, Joy and others02/26/2025
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law03/17/2025
Adoption of Report: Amended and re-referred to the Committee on Public Safety Finance and Policy04/01/2025 2.1expires five years following the date of filing, unless it is renewed prior to the expiration
2.2date.
2.3 (c) This section shall not apply to personal information contained in:
2.4 (1) real property records as defined in section 13.045, subdivision 1, clause (5);
2.5 (2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;
2.6and
2.7 (3) any other records maintained by a government entity evidencing title to, or any lien,
2.8judgment, or other encumbrance on, real or personal property.
2.9 Sec. 2. Minnesota Statutes 2024, section 609.5151, is amended to read:
2.10 609.5151 DISSEMINATION OF PERSONAL INFORMATION ABOUT LAW
2.11ENFORCEMENT CERTAIN PERSONS INVOLVED IN PUBLIC SAFETY
2.12PROHIBITED; PENALTY.
2.13 Subdivision 1.Definitions.As used in this section:
2.14 (1) "correctional officer" has the meaning given in section 241.026, subdivision 1,
2.15paragraph (b);
2.16 (2) "family or household member" has the meaning given in section 518B.01, subdivision
2.172;
2.18 (2) (3) "law enforcement official" means both peace officers as defined in section 626.84,
2.19subdivision 1, and persons employed by a law enforcement agency; and
2.20 (3) (4) "personal information" means a home telephone number, personal cell number,
2.21personal email address, name of the official's minor child, photographs of the official's
2.22minor child, home address, directions to a home, or photographs of a home; and
2.23 (5) "public safety official" means a correctional officer or a law enforcement official.
2.24 Subd. 2.Crime described.(a) It is a misdemeanor for a person to knowingly and without
2.25consent make publicly available, including but not limited to through the Internet, personal
2.26information about a law enforcement public safety official or an official's family or household
2.27member, if:
2.28 (1) the public availability of information poses an imminent and serious threat to the
2.29official's safety or the safety of an official's family or household member; and
2.30 (2) the person making the information publicly available knows or reasonably should
2.31know of the imminent and serious threat.
2Sec. 2.
REVISOR KLL H1567-2HF1567 SECOND ENGROSSMENT 3.1 (b) A person who is convicted of a second or subsequent violation of this section is
3.2guilty of a gross misdemeanor.
3.3 (c) A person is guilty of a gross misdemeanor felony if the person violates paragraph
3.4(a) and a law enforcement public safety official or an official's family or household member
3.5suffers great bodily harm or death as a result of the violation.
3.6 (c) A person who is convicted of a second or subsequent violation of this section is guilty
3.7of a gross misdemeanor.
3.8 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
3.9committed on or after that date.
3.10 Sec. 3. [626.97] PERSONAL INFORMATION; DISSEMINATION.
3.11 Subdivision 1.Definitions.(a) For purposes of this section and section 626.971, the
3.12following terms have the meanings given.
3.13 (b) "Correctional officer" has the meaning given in section 241.026, subdivision 1,
3.14paragraph (b).
3.15 (c) "Law enforcement support organizations" do not include charitable organizations.
3.16 (d) "Peace officer" means a person who is licensed under section 626.84, subdivision
3.171, paragraph (c).
3.18 (e) "Personal information" does not include publicly available information. Personal
3.19information means:
3.20 (1) a residential address of a public safety officer;
3.21 (2) a residential address of the spouse, domestic partner, or children of a public safety
3.22officer;
3.23 (3) a nonemployer-issued telephone number or email address of a public safety officer;
3.24 (4) the name of any child of a public safety officer;
3.25 (5) the name of any child care facility or school that is attended by a child of a public
3.26safety officer if combined with an assertion that the named facility or school is attended by
3.27the child of a public safety officer; and
3.28 (6) data about a public safety officer that is classified as private data on individuals under
3.29section 13.43, subdivision 5, including but not limited to the officer's name.
3Sec. 3.
REVISOR KLL H1567-2HF1567 SECOND ENGROSSMENT 4.1 (f) "Public safety officer" means a peace officer, a correctional officer, a former peace
4.2officer, or a former correctional officer.
4.3 (g) "Publicly available information" means information that is lawfully made available
4.4through federal, state, or local government records or information that a business has a
4.5reasonable basis to believe is lawfully made available to the general public through widely
4.6distributed media, by a public safety officer, or by a person to whom the public safety officer
4.7has disclosed the information, unless the public safety officer has restricted the information
4.8to a specific audience.
4.9 Subd. 2.Dissemination of personal information.Subject to the exceptions in
4.10subdivision 3 and the requirements of section 626.971, no person, business, association, or
4.11government entity shall knowingly publicly post, display, publish, sell, or otherwise make
4.12available on the Internet the personal information of any public safety officer. Personal
4.13information shall be kept in a secure manner to prevent unauthorized access. Personal
4.14information may be disseminated pursuant to a specific authorization in law, rule, or with
4.15the written consent of the public safety officer.
4.16 Subd. 3.Exceptions.Subdivision 2 does not apply to:
4.17 (1) the dissemination of personal information if the information is relevant to and
4.18displayed as part of a news story, commentary, editorial, or other speech on a matter of
4.19public concern;
4.20 (2) personal information that the public safety officer voluntarily disseminates publicly
4.21after August 1, 2024;
4.22 (3) the dissemination of personal information made at the request of the public safety
4.23officer or that is necessary to effectuate the request of a public safety officer;
4.24 (4) a commercial entity using personal information internally, providing access to
4.25businesses under common ownership or affiliated by corporate control, or selling or providing
4.26data for a transaction or service requested by or concerning the individual whose personal
4.27information is being transferred;
4.28 (5) a commercial entity providing publicly available information through real-time or
4.29near real-time alert services for health or safety purposes;
4.30 (6) a commercial entity engaged in the collection, maintenance, disclosure, sale,
4.31communication, or use of any personal information bearing on a consumer's credit worthiness,
4.32credit standing, credit capacity, character, general reputation, personal characteristics, or
4.33mode of living by a consumer reporting agency, furnisher, or user that provides information
4Sec. 3.
REVISOR KLL H1567-2HF1567 SECOND ENGROSSMENT 5.1for use in a consumer report, and by a user of a consumer report, but only to the extent that
5.2such activity is regulated by and authorized under the federal Fair Credit Reporting Act,
5.3United States Code, title 15, section 1681, et seq.;
5.4 (7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United
5.5States Code, title 15, section 1681, et seq.;
5.6 (8) a commercial entity using personal information collected, processed, sold, or disclosed
5.7in compliance with the federal Driver's Privacy Protection Act of 1994, United States Code,
5.8title 18, section 2721, et seq.;
5.9 (9) a commercial entity using personal information to prevent, detect, protect against,
5.10or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive
5.11activities, or any illegal activity; preserve the integrity or security of systems; or investigate,
5.12report, or prosecute any person responsible for any such action;
5.13 (10) a financial institution, affiliate of a financial institution, or data subject to title V
5.14of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801, et seq.;
5.15 (11) a covered entity or business associate for purposes of the federal privacy regulations
5.16promulgated under the federal Health Insurance Portability and Accountability Act of 1996,
5.17specifically United States Code, title 42, section 1320d-2 note;
5.18 (12) insurance and insurance support organizations;
5.19 (13) law enforcement agencies or law enforcement support organizations and vendors
5.20that provide data support services to law enforcement agencies;
5.21 (14) the collection and sale or licensing of covered information incidental to conducting
5.22the activities described in clauses (4) to (13); and
5.23 (15) personal information contained in:
5.24 (i) real property records as defined in section 13.045, subdivision 1, clause (5);
5.25 (ii) uniform commercial code filings and tax liens maintained by the secretary of state;
5.26and
5.27 (iii) any other records maintained by a government entity evidencing title to, or any lien,
5.28judgment, or other encumbrance on, real or personal property.
5.29 EFFECTIVE DATE.This section is effective August 1, 2025.
5Sec. 3.
REVISOR KLL H1567-2HF1567 SECOND ENGROSSMENT 6.1 Sec. 4. [626.971] REMOVAL OF PERSONAL INFORMATION.
6.2 Subdivision 1.Internet dissemination.If personal information about a public safety
6.3officer is publicly posted to the Internet by a person, business, association, or government
6.4entity, the public safety officer may submit a sworn affidavit to the person, business,
6.5association, or government entity requesting that the publicly posted personal information
6.6be removed. The affidavit shall:
6.7 (1) state that the individual whose information was disseminated is a public safety officer
6.8as defined in section 626.97;
6.9 (2) describe with specificity the personal information that the public safety officer seeks
6.10to remove; and
6.11 (3) state the name of the publication, website, or otherwise identify where the public
6.12safety officer's personal information is available to the public.
6.13 Subd. 2.Removal of personal information; exception.(a) Upon receipt of an affidavit
6.14requesting removal of the personal information of a public safety officer that meets the
6.15requirements of subdivision 1, the person, business, association, or government entity shall
6.16remove the publicly posted personal information within 30 days. If the person, business,
6.17association, or government entity fails to remove the publicly posted personal information
6.18within 30 days after an affidavit is submitted, the public safety officer may file a civil action
6.19in a court of competent jurisdiction seeking a court order compelling compliance, including
6.20injunctive and declarative relief.
6.21 (b) Paragraph (a) shall not apply to personal information contained in:
6.22 (1) real property records as defined in section 13.045, subdivision 1, clause (5);
6.23 (2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;
6.24and
6.25 (3) any other records maintained by a government entity evidencing title to, or any lien,
6.26judgment, or other encumbrance on, real or personal property.
6.27 Subd. 3.Penalties and damages.If a person, business, association, or government entity
6.28knowingly violates an order granting injunctive or declarative relief, the court issuing the
6.29order may award to the public safety officer an amount equal to the actual damages sustained
6.30by the public safety officer, and court costs and reasonable attorney fees.
6.31 EFFECTIVE DATE.This section is effective August 1, 2025.
6Sec. 4.
REVISOR KLL H1567-2HF1567 SECOND ENGROSSMENT