1.1 A bill for an act
1.2 relating to data practices; making portable recording system data on certain elected
1.3 officials public; amending Minnesota Statutes 2024, section 13.825, subdivision
1.4 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 13.825, subdivision 2, is amended to read:
1.7 Subd. 2.Data classification; court-authorized disclosure.(a) Data collected by a
1.8portable recording system are private data on individuals or nonpublic data, subject to the
1.9following:
1.10 (1) data that record, describe, or otherwise document actions and circumstances
1.11surrounding either the discharge of a firearm by a peace officer in the course of duty, if a
1.12notice is required under section 626.553, subdivision 2, or the use of force by a peace officer
1.13that results in substantial bodily harm, as defined in section 609.02, subdivision 7a, are
1.14public;
1.15 (2) data are public if a subject of the data requests it be made accessible to the public,
1.16except that, if practicable, (i) data on a subject who is not a peace officer and who does not
1.17consent to the release must be redacted, and (ii) data on a peace officer whose identity is
1.18protected under section 13.82, subdivision 17, clause (a), must be redacted;
1.19 (3) subject to paragraphs (b) to (d) (e), portable recording system data that are active
1.20criminal investigative data are governed by section 13.82, subdivision 7, and portable
1.21recording system data that are inactive criminal investigative data are governed by this
1.22section;
1Section 1.
25-02420 as introduced02/17/25 REVISOR VH/MI
SENATE
STATE OF MINNESOTA
S.F. No. 1822NINETY-FOURTH SESSION
(SENATE AUTHORS: DRAHEIM)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/24/2025
Referred to Judiciary and Public Safety 2.1 (4) portable recording system data that are public personnel data under section 13.43,
2.2subdivision 2, clause (5), are public; and
2.3 (5) data that are not public data under other provisions of this chapter retain that
2.4classification.
2.5 (b) Notwithstanding section 13.82, subdivision 7, when an individual dies as a result of
2.6a use of force by a peace officer, an involved officer's law enforcement agency must allow
2.7the following individuals, upon their request, to inspect all portable recording system data,
2.8redacted no more than what is required by law, documenting the incident within five days
2.9of the request, subject to paragraphs (c) and (d):
2.10 (1) the deceased individual's next of kin;
2.11 (2) the legal representative of the deceased individual's next of kin; and
2.12 (3) the other parent of the deceased individual's child.
2.13 (c) A law enforcement agency may deny a request to inspect portable recording system
2.14data under paragraph (b) if the agency determines that there is a compelling reason that
2.15inspection would interfere with an active investigation. If the agency denies access under
2.16this paragraph, the chief law enforcement officer must provide a prompt, written denial to
2.17the individual in paragraph (b) who requested the data with a short description of the
2.18compelling reason access was denied and must provide notice that relief may be sought
2.19from the district court pursuant to section 13.82, subdivision 7.
2.20 (d) When an individual dies as a result of a use of force by a peace officer, an involved
2.21officer's law enforcement agency shall release all portable recording system data, redacted
2.22no more than what is required by law, documenting the incident no later than 14 days after
2.23the incident, unless the chief law enforcement officer asserts in writing that the public
2.24classification would interfere with an ongoing investigation, in which case the data remain
2.25classified by section 13.82, subdivision 7.
2.26 (e) Notwithstanding section 13.82, subdivision 7, portable recording system data on a
2.27data subject who is an elected official and charged with a felony is public data 14 days after
2.28a criminal complaint is filed.
2.29 (e) (f) A law enforcement agency may redact or withhold access to portions of data that
2.30are public under this subdivision if those portions of data are clearly offensive to common
2.31sensibilities.
2.32 (f) (g) Section 13.04, subdivision 2, does not apply to collection of data classified by
2.33this subdivision.
2Section 1.
25-02420 as introduced02/17/25 REVISOR VH/MI 3.1 (g) (h) Any person may bring an action in the district court located in the county where
3.2portable recording system data are being maintained to authorize disclosure of data that are
3.3private or nonpublic under this section or to challenge a determination under paragraph (e)
3.4(f) to redact or withhold access to portions of data because the data are clearly offensive to
3.5common sensibilities. The person bringing the action must give notice of the action to the
3.6law enforcement agency and subjects of the data, if known. The law enforcement agency
3.7must give notice to other subjects of the data, if known, who did not receive the notice from
3.8the person bringing the action. The court may order that all or part of the data be released
3.9to the public or to the person bringing the action. In making this determination, the court
3.10shall consider whether the benefit to the person bringing the action or to the public outweighs
3.11any harm to the public, to the law enforcement agency, or to a subject of the data and, if
3.12the action is challenging a determination under paragraph (e) (f), whether the data are clearly
3.13offensive to common sensibilities. The data in dispute must be examined by the court in
3.14camera. This paragraph does not affect the right of a defendant in a criminal proceeding to
3.15obtain access to portable recording system data under the Rules of Criminal Procedure.
3.16 EFFECTIVE DATE.This section is effective the day following final enactment.
3Section 1.
25-02420 as introduced02/17/25 REVISOR VH/MI