| 2 | | - | 1.2 relating to government data practices; providing personal information protections |
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| 3 | | - | 1.3 to public safety officers; amending Minnesota Statutes 2024, section 609.5151; |
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| 4 | | - | 1.4 proposing coding for new law in Minnesota Statutes, chapters 13; 626. |
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| 5 | | - | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | | - | 1.6 Section 1. [13.807] PUBLIC SAFETY OFFICER DATA; PERSONAL |
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| 7 | | - | 1.7INFORMATION. |
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| 8 | | - | 1.8 (a) Subject to paragraph (b), the personal information of all public safety officers |
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| 9 | | - | 1.9collected, created, or maintained by a government entity is private data on individuals. For |
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| 10 | | - | 1.10purposes of this section, the terms "personal information" and "public safety officer" have |
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| 11 | | - | 1.11the meanings given in section 626.97, subdivision 1. |
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| 12 | | - | 1.12 (b) If the responsible authority or government entity violates this chapter, the remedies |
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| 13 | | - | 1.13and penalties under this chapter are available only if the public safety officer making a claim |
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| 14 | | - | 1.14previously provided written notification to the responsible authority confirming on a form |
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| 15 | | - | 1.15provided by the commissioner of the Department of Public Safety that they are entitled to |
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| 16 | | - | 1.16protection under section 626.97. If the subject of the data is an adult child of a public safety |
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| 17 | | - | 1.17officer who does not reside with the public safety officer, the remedies and penalties under |
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| 18 | | - | 1.18this chapter are available only if the adult child previously provided written notification to |
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| 19 | | - | 1.19the responsible authority confirming their status as the child of a public safety officer. In |
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| 20 | | - | 1.20the case of county records, the form shall be filed with the responsible authority that maintains |
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| 21 | | - | 1.21the personal information for which the public safety officer is seeking protection. A form |
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| 22 | | - | 1.22submitted under this section is private data on individuals. A notice filed under this paragraph |
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| 2 | + | 1.2 relating to government data practices; extending to public safety officers the |
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| 3 | + | 1.3 personal information protections currently available for judicial officials; amending |
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| 4 | + | 1.4 Minnesota Statutes 2024, sections 13.991; 609.5151; proposing coding for new |
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| 5 | + | 1.5 law in Minnesota Statutes, chapter 626. |
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| 6 | + | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | + | 1.7 Section 1. Minnesota Statutes 2024, section 13.991, is amended to read: |
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| 8 | + | 1.8 13.991 JUDICIAL OFFICIAL AND PUBLIC SAFETY OFFICER DATA; |
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| 9 | + | 1.9PERSONAL INFORMATION. |
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| 10 | + | 1.10 (a) Subject to paragraph (b), the personal information of all judicial officials or public |
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| 11 | + | 1.11safety officers collected, created, or maintained by a government entity is private data on |
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| 12 | + | 1.12individuals. For purposes of this section, the terms (1) "personal information" and "judicial |
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| 13 | + | 1.13official" have the meanings given in section 480.40, subdivision 1, and (2) "public safety |
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| 14 | + | 1.14officer" has the meaning given in section 626.97. |
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| 15 | + | 1.15 (b) If the responsible authority or government entity violates this chapter, the remedies |
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| 16 | + | 1.16and penalties under this chapter are available only if the judicial official or public safety |
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| 17 | + | 1.17officer making a claim previously provided written notification to the responsible authority |
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| 18 | + | 1.18confirming on a form provided by the Minnesota judicial branch that they are entitled to |
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| 19 | + | 1.19protection under section 480.40. If the subject of the data is an adult child of a judicial |
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| 20 | + | 1.20official or public safety officer who does not reside with the judicial official or public safety |
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| 21 | + | 1.21officer, the remedies and penalties under this chapter are available only if the adult child |
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| 22 | + | 1.22previously provided written notification to the responsible authority confirming their status |
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| 23 | + | 1.23as the child of a judicial official or public safety officer. In the case of county records, the |
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| 33 | | - | Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law03/17/2025 |
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| 34 | | - | 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 |
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| 35 | | - | 2.2date. |
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| 36 | | - | 2.3 (c) This section shall not apply to personal information contained in: |
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| 37 | | - | 2.4 (1) real property records as defined in section 13.045, subdivision 1, clause (5); |
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| 38 | | - | 2.5 (2) Uniform Commercial Code filings and tax liens maintained by the secretary of state; |
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| 39 | | - | 2.6and |
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| 40 | | - | 2.7 (3) any other records maintained by a government entity evidencing title to, or any lien, |
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| 41 | | - | 2.8judgment, or other encumbrance on, real or personal property. |
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| 42 | | - | 2.9 Sec. 2. Minnesota Statutes 2024, section 609.5151, is amended to read: |
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| 43 | | - | 2.10 609.5151 DISSEMINATION OF PERSONAL INFORMATION ABOUT LAW |
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| 44 | | - | 2.11ENFORCEMENT CERTAIN PERSONS INVOLVED IN PUBLIC SAFETY |
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| 45 | | - | 2.12PROHIBITED; PENALTY. |
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| 46 | | - | 2.13 Subdivision 1.Definitions.As used in this section: |
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| 47 | | - | 2.14 (1) "correctional officer" has the meaning given in section 241.026, subdivision 1, |
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| 48 | | - | 2.15paragraph (b); |
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| 49 | | - | 2.16 (2) "family or household member" has the meaning given in section 518B.01, subdivision |
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| 50 | | - | 2.172; |
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| 51 | | - | 2.18 (2) (3) "law enforcement official" means both peace officers as defined in section 626.84, |
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| 52 | | - | 2.19subdivision 1, and persons employed by a law enforcement agency; and |
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| 53 | | - | 2.20 (3) (4) "personal information" means a home telephone number, personal cell number, |
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| 54 | | - | 2.21personal email address, name of the official's minor child, photographs of the official's |
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| 55 | | - | 2.22minor child, home address, directions to a home, or photographs of a home; and |
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| 56 | | - | 2.23 (5) "public safety official" means a correctional officer or a law enforcement official. |
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| 57 | | - | 2.24 Subd. 2.Crime described.(a) It is a misdemeanor for a person to knowingly and without |
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| 58 | | - | 2.25consent make publicly available, including but not limited to through the Internet, personal |
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| 59 | | - | 2.26information about a law enforcement public safety official or an official's family or household |
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| 60 | | - | 2.27member, if: |
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| 61 | | - | 2.28 (1) the public availability of information poses an imminent and serious threat to the |
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| 62 | | - | 2.29official's safety or the safety of an official's family or household member; and |
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| 63 | | - | 2.30 (2) the person making the information publicly available knows or reasonably should |
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| 64 | | - | 2.31know of the imminent and serious threat. |
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| 34 | + | Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law03/17/2025 2.1form shall be filed with the responsible authority that maintains the personal information |
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| 35 | + | 2.2for which the judicial officer or public safety officer is seeking protection. A form submitted |
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| 36 | + | 2.3under this section is private data on individuals. A notice filed under this paragraph expires |
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| 37 | + | 2.4five years following the date of filing, unless it is renewed prior to the expiration date. |
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| 38 | + | 2.5 (c) This section shall not apply to personal information contained in: |
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| 39 | + | 2.6 (1) real property records as defined in section 13.045, subdivision 1, clause (5); |
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| 40 | + | 2.7 (2) Uniform Commercial Code filings and tax liens maintained by the secretary of state; |
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| 41 | + | 2.8and |
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| 42 | + | 2.9 (3) any other records maintained by a government entity evidencing title to, or any lien, |
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| 43 | + | 2.10judgment, or other encumbrance on, real or personal property. |
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| 44 | + | 2.11 EFFECTIVE DATE.This section is effective August 1, 2025. |
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| 45 | + | 2.12 Sec. 2. Minnesota Statutes 2024, section 609.5151, is amended to read: |
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| 46 | + | 2.13 609.5151 DISSEMINATION OF PERSONAL INFORMATION ABOUT LAW |
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| 47 | + | 2.14ENFORCEMENT CERTAIN PERSONS INVOLVED IN PUBLIC SAFETY |
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| 48 | + | 2.15PROHIBITED; PENALTY. |
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| 49 | + | 2.16 Subdivision 1.Definitions.As used in this section: |
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| 50 | + | 2.17 (1) "correctional officer" has the meaning given in section 241.026, subdivision 1, |
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| 51 | + | 2.18paragraph (b); |
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| 52 | + | 2.19 (2) "family or household member" has the meaning given in section 518B.01, subdivision |
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| 53 | + | 2.202; |
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| 54 | + | 2.21 (2) (3) "law enforcement official" means both peace officers as defined in section 626.84, |
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| 55 | + | 2.22subdivision 1, and persons employed by a law enforcement agency; and |
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| 56 | + | 2.23 (3) (4) "personal information" means a home telephone number, personal cell number, |
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| 57 | + | 2.24personal email address, name of the official's minor child, photographs of the official's |
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| 58 | + | 2.25minor child, home address, directions to a home, or photographs of a home; and |
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| 59 | + | 2.26 (5) "public safety official" means both correctional officers and law enforcement officials. |
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| 60 | + | 2.27 Subd. 2.Crime described.(a) It is a misdemeanor for a person to knowingly and without |
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| 61 | + | 2.28consent make publicly available, including but not limited to through the Internet, personal |
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| 62 | + | 2.29information about a law enforcement public safety official or an official's family or household |
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| 63 | + | 2.30member, if: |
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| 66 | | - | REVISOR KLL H1567-2HF1567 SECOND ENGROSSMENT 3.1 (b) A person who is convicted of a second or subsequent violation of this section is |
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| 67 | | - | 3.2guilty of a gross misdemeanor. |
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| 68 | | - | 3.3 (c) A person is guilty of a gross misdemeanor felony if the person violates paragraph |
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| 69 | | - | 3.4(a) and a law enforcement public safety official or an official's family or household member |
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| 70 | | - | 3.5suffers great bodily harm or death as a result of the violation. |
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| 71 | | - | 3.6 (c) A person who is convicted of a second or subsequent violation of this section is guilty |
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| 72 | | - | 3.7of a gross misdemeanor. |
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| 73 | | - | 3.8 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 74 | | - | 3.9committed on or after that date. |
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| 75 | | - | 3.10 Sec. 3. [626.97] PERSONAL INFORMATION; DISSEMINATION. |
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| 76 | | - | 3.11 Subdivision 1.Definitions.(a) For purposes of this section and section 626.971, the |
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| 77 | | - | 3.12following terms have the meanings given. |
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| 78 | | - | 3.13 (b) "Correctional officer" has the meaning given in section 241.026, subdivision 1, |
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| 79 | | - | 3.14paragraph (b). |
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| 80 | | - | 3.15 (c) "Law enforcement support organizations" do not include charitable organizations. |
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| 81 | | - | 3.16 (d) "Peace officer" means a person who is licensed under section 626.84, subdivision |
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| 82 | | - | 3.171, paragraph (c). |
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| 83 | | - | 3.18 (e) "Personal information" does not include publicly available information. Personal |
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| 84 | | - | 3.19information means: |
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| 85 | | - | 3.20 (1) a residential address of a public safety officer; |
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| 86 | | - | 3.21 (2) a residential address of the spouse, domestic partner, or children of a public safety |
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| 87 | | - | 3.22officer; |
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| 88 | | - | 3.23 (3) a nonemployer-issued telephone number or email address of a public safety officer; |
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| 89 | | - | 3.24 (4) the name of any child of a public safety officer; |
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| 90 | | - | 3.25 (5) the name of any child care facility or school that is attended by a child of a public |
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| 91 | | - | 3.26safety officer if combined with an assertion that the named facility or school is attended by |
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| 92 | | - | 3.27the child of a public safety officer; and |
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| 93 | | - | 3.28 (6) data about a public safety officer that is classified as private data on individuals under |
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| 94 | | - | 3.29section 13.43, subdivision 5, including but not limited to the officer's name. |
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| 65 | + | REVISOR KLL H1567-1HF1567 FIRST ENGROSSMENT 3.1 (1) the public availability of information poses an imminent and serious threat to the |
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| 66 | + | 3.2official's safety or the safety of an official's family or household member; and |
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| 67 | + | 3.3 (2) the person making the information publicly available knows or reasonably should |
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| 68 | + | 3.4know of the imminent and serious threat. |
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| 69 | + | 3.5 (b) A person who is convicted of a second or subsequent violation of this section is |
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| 70 | + | 3.6guilty of a gross misdemeanor. |
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| 71 | + | 3.7 (c) A person is guilty of a gross misdemeanor felony if the person violates paragraph |
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| 72 | + | 3.8(a) and a law enforcement public safety official or an official's family or household member |
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| 73 | + | 3.9suffers great bodily harm or death as a result of the violation. |
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| 74 | + | 3.10 (c) A person who is convicted of a second or subsequent violation of this section is guilty |
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| 75 | + | 3.11of a gross misdemeanor. |
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| 76 | + | 3.12 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 77 | + | 3.13committed on or after that date. |
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| 78 | + | 3.14 Sec. 3. [626.97] PERSONAL INFORMATION; DISSEMINATION. |
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| 79 | + | 3.15 Subdivision 1.Definitions.(a) For purposes of this section and section 626.971, the |
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| 80 | + | 3.16following terms have the meanings given. |
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| 81 | + | 3.17 (b) "Correctional officer" has the meaning given in section 241.026, subdivision 1, |
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| 82 | + | 3.18paragraph (b). |
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| 83 | + | 3.19 (c) "Law enforcement support organizations" do not include charitable organizations. |
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| 84 | + | 3.20 (d) "Peace officer" means a person who is licensed under section 626.84, subdivision |
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| 85 | + | 3.211, paragraph (c). |
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| 86 | + | 3.22 (e) "Personal information" does not include publicly available information. Personal |
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| 87 | + | 3.23information means: |
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| 88 | + | 3.24 (1) a residential address of a public safety officer; |
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| 89 | + | 3.25 (2) a residential address of the spouse, domestic partner, or children of a public safety |
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| 90 | + | 3.26officer; |
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| 91 | + | 3.27 (3) a nonemployer-issued telephone number or email address of a public safety officer; |
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| 92 | + | 3.28 (4) the name of any child of a public safety officer; |
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| 96 | | - | REVISOR KLL H1567-2HF1567 SECOND ENGROSSMENT 4.1 (f) "Public safety officer" means a peace officer, a correctional officer, a former peace |
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| 97 | | - | 4.2officer, or a former correctional officer. |
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| 98 | | - | 4.3 (g) "Publicly available information" means information that is lawfully made available |
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| 99 | | - | 4.4through federal, state, or local government records or information that a business has a |
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| 100 | | - | 4.5reasonable basis to believe is lawfully made available to the general public through widely |
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| 101 | | - | 4.6distributed media, by a public safety officer, or by a person to whom the public safety officer |
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| 102 | | - | 4.7has disclosed the information, unless the public safety officer has restricted the information |
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| 103 | | - | 4.8to a specific audience. |
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| 104 | | - | 4.9 Subd. 2.Dissemination of personal information.Subject to the exceptions in |
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| 105 | | - | 4.10subdivision 3 and the requirements of section 626.971, no person, business, association, or |
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| 106 | | - | 4.11government entity shall knowingly publicly post, display, publish, sell, or otherwise make |
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| 107 | | - | 4.12available on the Internet the personal information of any public safety officer. Personal |
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| 108 | | - | 4.13information shall be kept in a secure manner to prevent unauthorized access. Personal |
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| 109 | | - | 4.14information may be disseminated pursuant to a specific authorization in law, rule, or with |
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| 110 | | - | 4.15the written consent of the public safety officer. |
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| 111 | | - | 4.16 Subd. 3.Exceptions.Subdivision 2 does not apply to: |
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| 112 | | - | 4.17 (1) the dissemination of personal information if the information is relevant to and |
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| 113 | | - | 4.18displayed as part of a news story, commentary, editorial, or other speech on a matter of |
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| 114 | | - | 4.19public concern; |
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| 115 | | - | 4.20 (2) personal information that the public safety officer voluntarily disseminates publicly |
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| 116 | | - | 4.21after August 1, 2024; |
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| 117 | | - | 4.22 (3) the dissemination of personal information made at the request of the public safety |
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| 118 | | - | 4.23officer or that is necessary to effectuate the request of a public safety officer; |
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| 119 | | - | 4.24 (4) a commercial entity using personal information internally, providing access to |
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| 120 | | - | 4.25businesses under common ownership or affiliated by corporate control, or selling or providing |
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| 121 | | - | 4.26data for a transaction or service requested by or concerning the individual whose personal |
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| 122 | | - | 4.27information is being transferred; |
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| 123 | | - | 4.28 (5) a commercial entity providing publicly available information through real-time or |
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| 124 | | - | 4.29near real-time alert services for health or safety purposes; |
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| 125 | | - | 4.30 (6) a commercial entity engaged in the collection, maintenance, disclosure, sale, |
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| 126 | | - | 4.31communication, or use of any personal information bearing on a consumer's credit worthiness, |
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| 127 | | - | 4.32credit standing, credit capacity, character, general reputation, personal characteristics, or |
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| 128 | | - | 4.33mode of living by a consumer reporting agency, furnisher, or user that provides information |
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| 94 | + | REVISOR KLL H1567-1HF1567 FIRST ENGROSSMENT 4.1 (5) the name of any child care facility or school that is attended by a child of a public |
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| 95 | + | 4.2safety officer if combined with an assertion that the named facility or school is attended by |
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| 96 | + | 4.3the child of a public safety officer; and |
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| 97 | + | 4.4 (6) data about a public safety officer that is classified as private data on individuals under |
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| 98 | + | 4.5section 13.43, subdivision 5, including but not limited to the officer's name. |
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| 99 | + | 4.6 (f) "Public safety officer" means a peace officer or a correctional officer. |
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| 100 | + | 4.7 (g) "Publicly available information" means information that is lawfully made available |
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| 101 | + | 4.8through federal, state, or local government records or information that a business has a |
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| 102 | + | 4.9reasonable basis to believe is lawfully made available to the general public through widely |
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| 103 | + | 4.10distributed media, by a public safety officer, or by a person to whom the public safety officer |
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| 104 | + | 4.11has disclosed the information, unless the public safety officer has restricted the information |
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| 105 | + | 4.12to a specific audience. |
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| 106 | + | 4.13 Subd. 2.Dissemination of personal information.Subject to the exceptions in |
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| 107 | + | 4.14subdivision 3 and the requirements of section 626.971, no person, business, association, or |
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| 108 | + | 4.15government entity shall knowingly publicly post, display, publish, sell, or otherwise make |
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| 109 | + | 4.16available on the Internet the personal information of any public safety officer. Personal |
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| 110 | + | 4.17information shall be kept in a secure manner to prevent unauthorized access. Personal |
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| 111 | + | 4.18information may be disseminated pursuant to a specific authorization in law, rule, or with |
|---|
| 112 | + | 4.19the written consent of the public safety officer. |
|---|
| 113 | + | 4.20 Subd. 3.Exceptions.Subdivision 2 does not apply to: |
|---|
| 114 | + | 4.21 (1) the dissemination of personal information if the information is relevant to and |
|---|
| 115 | + | 4.22displayed as part of a news story, commentary, editorial, or other speech on a matter of |
|---|
| 116 | + | 4.23public concern; |
|---|
| 117 | + | 4.24 (2) personal information that the public safety officer voluntarily disseminates publicly |
|---|
| 118 | + | 4.25after August 1, 2024; |
|---|
| 119 | + | 4.26 (3) the dissemination of personal information made at the request of the public safety |
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| 120 | + | 4.27officer or that is necessary to effectuate the request of a public safety officer; |
|---|
| 121 | + | 4.28 (4) a commercial entity using personal information internally, providing access to |
|---|
| 122 | + | 4.29businesses under common ownership or affiliated by corporate control, or selling or providing |
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| 123 | + | 4.30data for a transaction or service requested by or concerning the individual whose personal |
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| 124 | + | 4.31information is being transferred; |
|---|
| 125 | + | 4.32 (5) a commercial entity providing publicly available information through real-time or |
|---|
| 126 | + | 4.33near real-time alert services for health or safety purposes; |
|---|
| 130 | | - | 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 |
|---|
| 131 | | - | 5.2such activity is regulated by and authorized under the federal Fair Credit Reporting Act, |
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| 132 | | - | 5.3United States Code, title 15, section 1681, et seq.; |
|---|
| 133 | | - | 5.4 (7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United |
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| 134 | | - | 5.5States Code, title 15, section 1681, et seq.; |
|---|
| 135 | | - | 5.6 (8) a commercial entity using personal information collected, processed, sold, or disclosed |
|---|
| 136 | | - | 5.7in compliance with the federal Driver's Privacy Protection Act of 1994, United States Code, |
|---|
| 137 | | - | 5.8title 18, section 2721, et seq.; |
|---|
| 138 | | - | 5.9 (9) a commercial entity using personal information to prevent, detect, protect against, |
|---|
| 139 | | - | 5.10or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive |
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| 140 | | - | 5.11activities, or any illegal activity; preserve the integrity or security of systems; or investigate, |
|---|
| 141 | | - | 5.12report, or prosecute any person responsible for any such action; |
|---|
| 142 | | - | 5.13 (10) a financial institution, affiliate of a financial institution, or data subject to title V |
|---|
| 143 | | - | 5.14of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801, et seq.; |
|---|
| 144 | | - | 5.15 (11) a covered entity or business associate for purposes of the federal privacy regulations |
|---|
| 145 | | - | 5.16promulgated under the federal Health Insurance Portability and Accountability Act of 1996, |
|---|
| 146 | | - | 5.17specifically United States Code, title 42, section 1320d-2 note; |
|---|
| 147 | | - | 5.18 (12) insurance and insurance support organizations; |
|---|
| 148 | | - | 5.19 (13) law enforcement agencies or law enforcement support organizations and vendors |
|---|
| 149 | | - | 5.20that provide data support services to law enforcement agencies; |
|---|
| 150 | | - | 5.21 (14) the collection and sale or licensing of covered information incidental to conducting |
|---|
| 151 | | - | 5.22the activities described in clauses (4) to (13); and |
|---|
| 152 | | - | 5.23 (15) personal information contained in: |
|---|
| 153 | | - | 5.24 (i) real property records as defined in section 13.045, subdivision 1, clause (5); |
|---|
| 154 | | - | 5.25 (ii) uniform commercial code filings and tax liens maintained by the secretary of state; |
|---|
| 155 | | - | 5.26and |
|---|
| 156 | | - | 5.27 (iii) any other records maintained by a government entity evidencing title to, or any lien, |
|---|
| 157 | | - | 5.28judgment, or other encumbrance on, real or personal property. |
|---|
| 158 | | - | 5.29 EFFECTIVE DATE.This section is effective August 1, 2025. |
|---|
| 128 | + | REVISOR KLL H1567-1HF1567 FIRST ENGROSSMENT 5.1 (6) a commercial entity engaged in the collection, maintenance, disclosure, sale, |
|---|
| 129 | + | 5.2communication, or use of any personal information bearing on a consumer's credit worthiness, |
|---|
| 130 | + | 5.3credit standing, credit capacity, character, general reputation, personal characteristics, or |
|---|
| 131 | + | 5.4mode of living by a consumer reporting agency, furnisher, or user that provides information |
|---|
| 132 | + | 5.5for use in a consumer report, and by a user of a consumer report, but only to the extent that |
|---|
| 133 | + | 5.6such activity is regulated by and authorized under the federal Fair Credit Reporting Act, |
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| 134 | + | 5.7United States Code, title 15, section 1681, et seq.; |
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| 135 | + | 5.8 (7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United |
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| 136 | + | 5.9States Code, title 15, section 1681, et seq.; |
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| 137 | + | 5.10 (8) a commercial entity using personal information collected, processed, sold, or disclosed |
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| 138 | + | 5.11in compliance with the federal Driver's Privacy Protection Act of 1994, United States Code, |
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| 139 | + | 5.12title 18, section 2721, et seq.; |
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| 140 | + | 5.13 (9) a commercial entity using personal information to prevent, detect, protect against, |
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| 141 | + | 5.14or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive |
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| 142 | + | 5.15activities, or any illegal activity; preserve the integrity or security of systems; or investigate, |
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| 143 | + | 5.16report, or prosecute any person responsible for any such action; |
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| 144 | + | 5.17 (10) a financial institution, affiliate of a financial institution, or data subject to title V |
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| 145 | + | 5.18of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801, et seq.; |
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| 146 | + | 5.19 (11) a covered entity or business associate for purposes of the federal privacy regulations |
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| 147 | + | 5.20promulgated under the federal Health Insurance Portability and Accountability Act of 1996, |
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| 148 | + | 5.21specifically United States Code, title 42, section 1320d-2 note; |
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| 149 | + | 5.22 (12) insurance and insurance support organizations; |
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| 150 | + | 5.23 (13) law enforcement agencies or law enforcement support organizations and vendors |
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| 151 | + | 5.24that provide data support services to law enforcement agencies; |
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| 152 | + | 5.25 (14) the collection and sale or licensing of covered information incidental to conducting |
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| 153 | + | 5.26the activities described in clauses (4) to (13); and |
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| 154 | + | 5.27 (15) personal information contained in: |
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| 155 | + | 5.28 (i) real property records as defined in section 13.045, subdivision 1, clause (5); |
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| 156 | + | 5.29 (ii) uniform commercial code filings and tax liens maintained by the secretary of state; |
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| 157 | + | 5.30and |
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| 158 | + | 5.31 (iii) any other records maintained by a government entity evidencing title to, or any lien, |
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| 159 | + | 5.32judgment, or other encumbrance on, real or personal property. |
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| 160 | | - | REVISOR KLL H1567-2HF1567 SECOND ENGROSSMENT 6.1 Sec. 4. [626.971] REMOVAL OF PERSONAL INFORMATION. |
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| 161 | | - | 6.2 Subdivision 1.Internet dissemination.If personal information about a public safety |
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| 162 | | - | 6.3officer is publicly posted to the Internet by a person, business, association, or government |
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| 163 | | - | 6.4entity, the public safety officer may submit a sworn affidavit to the person, business, |
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| 164 | | - | 6.5association, or government entity requesting that the publicly posted personal information |
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| 165 | | - | 6.6be removed. The affidavit shall: |
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| 166 | | - | 6.7 (1) state that the individual whose information was disseminated is a public safety officer |
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| 167 | | - | 6.8as defined in section 626.97; |
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| 168 | | - | 6.9 (2) describe with specificity the personal information that the public safety officer seeks |
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| 169 | | - | 6.10to remove; and |
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| 170 | | - | 6.11 (3) state the name of the publication, website, or otherwise identify where the public |
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| 171 | | - | 6.12safety officer's personal information is available to the public. |
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| 172 | | - | 6.13 Subd. 2.Removal of personal information; exception.(a) Upon receipt of an affidavit |
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| 173 | | - | 6.14requesting removal of the personal information of a public safety officer that meets the |
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| 174 | | - | 6.15requirements of subdivision 1, the person, business, association, or government entity shall |
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| 175 | | - | 6.16remove the publicly posted personal information within 30 days. If the person, business, |
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| 176 | | - | 6.17association, or government entity fails to remove the publicly posted personal information |
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| 177 | | - | 6.18within 30 days after an affidavit is submitted, the public safety officer may file a civil action |
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| 178 | | - | 6.19in a court of competent jurisdiction seeking a court order compelling compliance, including |
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| 179 | | - | 6.20injunctive and declarative relief. |
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| 180 | | - | 6.21 (b) Paragraph (a) shall not apply to personal information contained in: |
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| 181 | | - | 6.22 (1) real property records as defined in section 13.045, subdivision 1, clause (5); |
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| 182 | | - | 6.23 (2) Uniform Commercial Code filings and tax liens maintained by the secretary of state; |
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| 183 | | - | 6.24and |
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| 184 | | - | 6.25 (3) any other records maintained by a government entity evidencing title to, or any lien, |
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| 185 | | - | 6.26judgment, or other encumbrance on, real or personal property. |
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| 186 | | - | 6.27 Subd. 3.Penalties and damages.If a person, business, association, or government entity |
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| 187 | | - | 6.28knowingly violates an order granting injunctive or declarative relief, the court issuing the |
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| 188 | | - | 6.29order may award to the public safety officer an amount equal to the actual damages sustained |
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| 189 | | - | 6.30by the public safety officer, and court costs and reasonable attorney fees. |
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| 190 | | - | 6.31 EFFECTIVE DATE.This section is effective August 1, 2025. |
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| 161 | + | REVISOR KLL H1567-1HF1567 FIRST ENGROSSMENT 6.1 EFFECTIVE DATE.This section is effective August 1, 2025. |
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| 162 | + | 6.2 Sec. 4. [626.971] REMOVAL OF PERSONAL INFORMATION. |
|---|
| 163 | + | 6.3 Subdivision 1.Internet dissemination.If personal information about a public safety |
|---|
| 164 | + | 6.4officer is publicly posted to the Internet by a person, business, association, or government |
|---|
| 165 | + | 6.5entity, the public safety officer may submit a sworn affidavit to the person, business, |
|---|
| 166 | + | 6.6association, or government entity requesting that the publicly posted personal information |
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| 167 | + | 6.7be removed. The affidavit shall: |
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| 168 | + | 6.8 (1) state that the individual whose information was disseminated is a public safety officer |
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| 169 | + | 6.9as defined in section 626.97; |
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| 170 | + | 6.10 (2) describe with specificity the personal information that the public safety officer seeks |
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| 171 | + | 6.11to remove; and |
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| 172 | + | 6.12 (3) state the name of the publication, website, or otherwise identify where the public |
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| 173 | + | 6.13safety officer's personal information is available to the public. |
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| 174 | + | 6.14 Subd. 2.Removal of personal information; exception.(a) Upon receipt of an affidavit |
|---|
| 175 | + | 6.15requesting removal of the personal information of a public safety officer that meets the |
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| 176 | + | 6.16requirements of subdivision 1, the person, business, association, or government entity shall |
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| 177 | + | 6.17remove the publicly posted personal information within 30 days. If the person, business, |
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| 178 | + | 6.18association, or government entity fails to remove the publicly posted personal information |
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| 179 | + | 6.19within 30 days after an affidavit is submitted, the public safety officer may file a civil action |
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| 180 | + | 6.20in a court of competent jurisdiction seeking a court order compelling compliance, including |
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| 181 | + | 6.21injunctive and declarative relief. |
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| 182 | + | 6.22 (b) Paragraph (a) shall not apply to personal information contained in: |
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| 183 | + | 6.23 (1) real property records as defined in section 13.045, subdivision 1, clause (5); |
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| 184 | + | 6.24 (2) Uniform Commercial Code filings and tax liens maintained by the secretary of state; |
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| 185 | + | 6.25and |
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| 186 | + | 6.26 (3) any other records maintained by a government entity evidencing title to, or any lien, |
|---|
| 187 | + | 6.27judgment, or other encumbrance on, real or personal property. |
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| 188 | + | 6.28 Subd. 3.Penalties and damages.If a person, business, association, or government entity |
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| 189 | + | 6.29knowingly violates an order granting injunctive or declarative relief, the court issuing the |
|---|
| 190 | + | 6.30order may award to the public safety officer an amount equal to the actual damages sustained |
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| 191 | + | 6.31by the public safety officer, and court costs and reasonable attorney fees. |
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| 192 | + | 6.32 EFFECTIVE DATE.This section is effective August 1, 2025. |
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