Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1836 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to state government; making changes to data practices; amending Minnesota
3	3		1.3 Statutes 2024, section 13.04, subdivision 4.
4	4		1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5	5		1.5 Section 1. Minnesota Statutes 2024, section 13.04, subdivision 4, is amended to read:
6	6		1.6 Subd. 4.Procedure when data is not accurate or complete.(a) An individual subject
7	7		1.7of the data may contest the accuracy or completeness of public or private data about
8	8		1.8themselves.
9	9		1.9 (b) To exercise this right, an individual shall notify in writing the responsible authority
10	10		1.10of the government entity that maintains the data, describing the nature of the disagreement.
11	11		1.11 (c) Upon receiving notification from the data subject, the responsible authority shall
12	12		1.12within 30 days either:
13	13		1.13 (1) correct the data found to be inaccurate or incomplete and attempt to notify past
14	14		1.14recipients of inaccurate or incomplete data, including recipients named by the individual;
15	15		1.15or
16	16		1.16 (2) notify the individual that the responsible authority has determined the data to be
17	17		1.17correct. If the challenged data are determined to be accurate or complete, the responsible
18	18		1.18authority shall inform the individual of the right to appeal the determination to the
19	19		1.19commissioner as specified under paragraph (d). Data in dispute shall be disclosed only if
20	20		1.20the individual's statement of disagreement is included with the disclosed data.
21	21		1.21 (d) A data subject may appeal the determination of the responsible authority pursuant
22	22		1.22to the provisions of the Administrative Procedure Act relating to contested cases. An
23	23		1Section 1.
24		-	REVISOR ~~SGS H1836-1~~~~HF1836 FIRST ENGROSSMENT~~
	24	+	REVISOR EB/BM 25-0044501/13/25
25	25		State of Minnesota
26	26		This Document can be made available
27	27		in alternative formats upon request
28	28		HOUSE OF REPRESENTATIVES
29	29		H. F. No. 1836
30	30		NINETY-FOURTH SESSION
31	31		Authored by Klevorn, Howard and Bahner03/03/2025
32		-	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
33		-	Adoption of Report: Amended and re-referred to the Committee on State Government Finance and Policy03/24/2025 2.1individual must submit an appeal to the commissioner within 60 days of the responsible
	32	+	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1individual must submit an appeal to the commissioner within 60 days of the responsible
34	33		2.2authority's notice of the right to appeal or as otherwise provided by the rules of the
35	34		2.3commissioner. Upon receipt of an appeal by an individual, the commissioner shall, before
36	35		2.4issuing the order and notice of a contested case hearing required by chapter 14, try to resolve
37	36		2.5the dispute through education, conference, conciliation, or persuasion. If the parties consent,
38	37		2.6the commissioner may refer the matter to mediation. Following these efforts, the
39	38		2.7commissioner shall dismiss the appeal or issue the order and notice of hearing.
40	39		2.8 (e) The commissioner may dismiss an appeal without first attempting to resolve the
41	40		2.9dispute or before issuing an order and notice of a contested case hearing if:
42	41		2.10 (1) the appeal to the commissioner is not timely;
43	42		2.11 (2) the appeal concerns data previously presented as evidence in a court proceeding in
44	43		2.12which the data subject was a party; or
45	44		2.13 (3) the individual making the appeal is not the subject of the data challenged as inaccurate
46		-	2.14or incomplete.
47		-	2.15 (f) A responsible authority may submit private data to the commissioner to respond to
48		-	2.16a data subject's appeal of the determination that data are accurate and complete. Section
49		-	2.1713.03, subdivision 4, applies to data submitted by the responsible authority. Government
50		-	2.18data submitted to the commissioner by a government entity, copies of government data
51		-	2.19submitted by a data subject, or government data described by the data subject in their appeal
52		-	2.20have the same classification as the data when maintained by the government entity. The
53		-	2.21commissioner may disclose private data contained within the appeal record to the Office
54		-	2.22of Administrative Hearings.
55		-	2.23 (f) (g) Data on individuals that have been successfully challenged by an individual must
56		-	2.24be completed, corrected, or destroyed by a government entity without regard to the
57		-	2.25requirements of section 138.17.
58		-	2.26 (g) (h) After completing, correcting, or destroying successfully challenged data, a
59		-	2.27government entity may retain a copy of the commissioner of administration's order issued
60		-	2.28under chapter 14 or, if no order were issued, a summary of the dispute between the parties
61		-	2.29that does not contain any particulars of the successfully challenged data.
62		-	2.30 (i) Data maintained by the commissioner that a responsible authority has completed,
63		-	2.31corrected, or destroyed as the result of the informal resolution process described in paragraph
64		-	2.32(d) or by order of the commissioner, are private data on individuals.
	45	+	2.14or incomplete.; or
	46	+	2.15 (4) the commissioner has issued a final order regarding the disputed data in a prior appeal
	47	+	2.16involving the same parties.
	48	+	2.17 (f) A responsible authority may submit private data to the commissioner to respond to
	49	+	2.18a data subject's appeal of the determination that data are accurate and complete. Section
	50	+	2.1913.03, subdivision 4, applies to data submitted by the responsible authority. Government
	51	+	2.20data submitted to the commissioner by a government entity, copies of government data
	52	+	2.21submitted by a data subject, or government data described by the data subject in their appeal
	53	+	2.22have the same classification as the data when maintained by the government entity. The
	54	+	2.23commissioner may disclose private data contained within the appeal record to the Office
	55	+	2.24of Administrative Hearings.
	56	+	2.25 (f) (g) Data on individuals that have been successfully challenged by an individual must
	57	+	2.26be completed, corrected, or destroyed by a government entity without regard to the
	58	+	2.27requirements of section 138.17.
	59	+	2.28 (g) (h) After completing, correcting, or destroying successfully challenged data, a
	60	+	2.29government entity may retain a copy of the commissioner of administration's order issued
	61	+	2.30under chapter 14 or, if no order were issued, a summary of the dispute between the parties
	62	+	2.31that does not contain any particulars of the successfully challenged data.
65	63		2Section 1.
66		-	REVISOR SGS H1836-1HF1836 FIRST ENGROSSMENT
	64	+	REVISOR EB/BM 25-0044501/13/25 3.1 (i) Data maintained by the commissioner that a responsible authority has completed,
	65	+	3.2corrected, or destroyed as the result of the informal resolution process described in paragraph
	66	+	3.3(d) or by order of the commissioner, are private data on individuals.
	67	+	3Section 1.
	68	+	REVISOR EB/BM 25-0044501/13/25