| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to government data practices; extending to peace officers the personal |
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| 3 | 3 | | 1.3 information protections currently available for judicial officials; amending |
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| 4 | 4 | | 1.4 Minnesota Statutes 2024, sections 13.991; 480.40; 480.45; 609.476. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 13.991, is amended to read: |
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| 7 | 7 | | 1.7 13.991 JUDICIAL OFFICIAL AND PEACE OFFICER DATA; PERSONAL |
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| 8 | 8 | | 1.8INFORMATION. |
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| 9 | 9 | | 1.9 (a) Subject to paragraph (b), the personal information of all judicial officials or peace |
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| 10 | 10 | | 1.10officers collected, created, or maintained by a government entity is private data on |
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| 11 | 11 | | 1.11individuals. For purposes of this section, the terms "personal information," and "judicial |
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| 12 | 12 | | 1.12official," and "peace officer" have the meanings given in section 480.40, subdivision 1. |
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| 13 | 13 | | 1.13 (b) If the responsible authority or government entity violates this chapter, the remedies |
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| 14 | 14 | | 1.14and penalties under this chapter are available only if the judicial official or peace officer |
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| 15 | 15 | | 1.15making a claim previously provided written notification to the responsible authority |
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| 16 | 16 | | 1.16confirming on a form provided by the Minnesota judicial branch that they are entitled to |
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| 17 | 17 | | 1.17protection under section 480.40. If the subject of the data is an adult child of a judicial |
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| 18 | 18 | | 1.18official or peace officer who does not reside with the judicial official or peace officer, the |
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| 19 | 19 | | 1.19remedies and penalties under this chapter are available only if the adult child previously |
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| 20 | 20 | | 1.20provided written notification to the responsible authority confirming their status as the child |
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| 21 | 21 | | 1.21of a judicial official or peace officer. In the case of county records, the form shall be filed |
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| 22 | 22 | | 1.22with the responsible authority that maintains the personal information for which the judicial |
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| 23 | 23 | | 1.23officer or peace officer is seeking protection. A form submitted under this section is private |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | 25-04022 as introduced02/17/25 REVISOR KLL/ES |
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| 26 | 26 | | SENATE |
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| 27 | 27 | | STATE OF MINNESOTA |
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| 28 | 28 | | S.F. No. 3081NINETY-FOURTH SESSION |
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| 29 | 29 | | (SENATE AUTHORS: GREEN) |
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| 30 | 30 | | OFFICIAL STATUSD-PGDATE |
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| 31 | 31 | | Introduction and first reading03/27/2025 |
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| 32 | 32 | | Referred to Judiciary and Public Safety 2.1data on individuals. A notice filed under this paragraph expires five years following the |
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| 33 | 33 | | 2.2date of filing, unless it is renewed prior to the expiration date. |
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| 34 | 34 | | 2.3 (c) This section shall not apply to personal information contained in: |
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| 35 | 35 | | 2.4 (1) real property records as defined in section 13.045, subdivision 1, clause (5); |
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| 36 | 36 | | 2.5 (2) Uniform Commercial Code filings and tax liens maintained by the secretary of state; |
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| 37 | 37 | | 2.6and |
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| 38 | 38 | | 2.7 (3) any other records maintained by a government entity evidencing title to, or any lien, |
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| 39 | 39 | | 2.8judgment, or other encumbrance on, real or personal property. |
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| 40 | 40 | | 2.9 EFFECTIVE DATE.This section is effective August 1, 2025. |
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| 41 | 41 | | 2.10 Sec. 2. Minnesota Statutes 2024, section 480.40, is amended to read: |
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| 42 | 42 | | 2.11 480.40 PERSONAL INFORMATION; DISSEMINATION. |
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| 43 | 43 | | 2.12 Subdivision 1.Definitions.(a) For purposes of this section and section 480.45, the |
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| 44 | 44 | | 2.13following terms have the meanings given. |
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| 45 | 45 | | 2.14 (b) "Judicial official" means: |
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| 46 | 46 | | 2.15 (1) every Minnesota district court judge, senior judge, retired judge, and every judge of |
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| 47 | 47 | | 2.16the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge |
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| 48 | 48 | | 2.17who resides in Minnesota; |
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| 49 | 49 | | 2.18 (2) a justice of the Minnesota Supreme Court; |
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| 50 | 50 | | 2.19 (3) employees of the Minnesota judicial branch; |
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| 51 | 51 | | 2.20 (4) judicial referees and magistrate judges; and |
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| 52 | 52 | | 2.21 (5) current and retired judges and current employees of the Office of Administrative |
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| 53 | 53 | | 2.22Hearings, Workers' Compensation Court of Appeals, and Tax Court. |
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| 54 | 54 | | 2.23 (c) "Personal information" does not include publicly available information. Personal |
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| 55 | 55 | | 2.24information means: |
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| 56 | 56 | | 2.25 (1) a residential address of a judicial official or peace officer; |
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| 57 | 57 | | 2.26 (2) a residential address of the spouse, domestic partner, or children of a judicial official |
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| 58 | 58 | | 2.27or peace officer; |
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| 59 | 59 | | 2.28 (3) a nonjudicial branch nonemployer issued telephone number or email address of a |
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| 60 | 60 | | 2.29judicial official or peace officer; |
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| 61 | 61 | | 2Sec. 2. |
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| 62 | 62 | | 25-04022 as introduced02/17/25 REVISOR KLL/ES 3.1 (4) the name of any child of a judicial official or peace officer; and |
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| 63 | 63 | | 3.2 (5) the name of any child care facility or school that is attended by a child of a judicial |
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| 64 | 64 | | 3.3official or peace officer if combined with an assertion that the named facility or school is |
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| 65 | 65 | | 3.4attended by the child of a judicial official or peace officer; and |
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| 66 | 66 | | 3.5 (6) data about a peace officer that is classified as private data on individuals under section |
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| 67 | 67 | | 3.613.43, subdivision 5, including but not limited to the officer's name. |
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| 68 | 68 | | 3.7 (d) "Publicly available information" means information that is lawfully made available |
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| 69 | 69 | | 3.8through federal, state, or local government records or information that a business has a |
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| 70 | 70 | | 3.9reasonable basis to believe is lawfully made available to the general public through widely |
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| 71 | 71 | | 3.10distributed media, by a judicial official or peace officer, or by a person to whom the judicial |
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| 72 | 72 | | 3.11official or peace officer has disclosed the information, unless the judicial official or peace |
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| 73 | 73 | | 3.12officer has restricted the information to a specific audience. |
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| 74 | 74 | | 3.13 (e) "Law enforcement support organizations" do not include charitable organizations. |
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| 75 | 75 | | 3.14 (f) "Peace officer" means a person who is licensed under section 626.84, subdivision 1, |
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| 76 | 76 | | 3.15paragraph (c). |
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| 77 | 77 | | 3.16 Subd. 2.Dissemination of personal information.Subject to the exceptions in |
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| 78 | 78 | | 3.17subdivision 3 and the requirements of section 480.45, no person, business, association, or |
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| 79 | 79 | | 3.18government entity shall knowingly publicly post, display, publish, sell, or otherwise make |
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| 80 | 80 | | 3.19available on the Internet the personal information of any judicial official or peace officer. |
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| 81 | 81 | | 3.20Personal information shall be kept in a secure manner to prevent unauthorized access. |
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| 82 | 82 | | 3.21Personal information may be disseminated pursuant to a specific authorization in law, rule, |
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| 83 | 83 | | 3.22or with the written consent of the judicial official or peace officer. |
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| 84 | 84 | | 3.23 Subd. 3.Exceptions.Subdivision 2 does not apply to: |
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| 85 | 85 | | 3.24 (1) the dissemination of personal information if the information is relevant to and |
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| 86 | 86 | | 3.25displayed as part of a news story, commentary, editorial, or other speech on a matter of |
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| 87 | 87 | | 3.26public concern; |
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| 88 | 88 | | 3.27 (2) personal information that the judicial official or peace officer voluntarily disseminates |
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| 89 | 89 | | 3.28publicly after August 1, 2024; |
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| 90 | 90 | | 3.29 (3) the dissemination of personal information made at the request of the judicial official |
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| 91 | 91 | | 3.30or peace officer or which is necessary to effectuate the request of a judicial official or peace |
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| 92 | 92 | | 3.31officer; |
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| 93 | 93 | | 3Sec. 2. |
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| 94 | 94 | | 25-04022 as introduced02/17/25 REVISOR KLL/ES 4.1 (4) a commercial entity using personal information internally, providing access to |
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| 95 | 95 | | 4.2businesses under common ownership or affiliated by corporate control, or selling or providing |
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| 96 | 96 | | 4.3data for a transaction or service requested by or concerning the individual whose personal |
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| 97 | 97 | | 4.4information is being transferred; |
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| 98 | 98 | | 4.5 (5) a commercial entity providing publicly available information through real-time or |
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| 99 | 99 | | 4.6near real-time alert services for health or safety purposes; |
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| 100 | 100 | | 4.7 (6) a commercial entity engaged in the collection, maintenance, disclosure, sale, |
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| 101 | 101 | | 4.8communication, or use of any personal information bearing on a consumer's credit worthiness, |
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| 102 | 102 | | 4.9credit standing, credit capacity, character, general reputation, personal characteristics, or |
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| 103 | 103 | | 4.10mode of living by a consumer reporting agency, furnisher, or user that provides information |
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| 104 | 104 | | 4.11for use in a consumer report, and by a user of a consumer report, but only to the extent that |
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| 105 | 105 | | 4.12such activity is regulated by and authorized under the federal Fair Credit Reporting Act, |
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| 106 | 106 | | 4.13United States Code, title 15, section 1681, et seq.; |
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| 107 | 107 | | 4.14 (7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United |
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| 108 | 108 | | 4.15States Code, title 15, section 1681, et seq.; |
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| 109 | 109 | | 4.16 (8) a commercial entity using personal information collected, processed, sold, or disclosed |
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| 110 | 110 | | 4.17in compliance with the federal Driver's Privacy Protection Act of 1994, United States Code, |
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| 111 | 111 | | 4.18title 18, section 2721, et seq.; |
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| 112 | 112 | | 4.19 (9) a commercial entity using personal information to do any of the following: prevent, |
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| 113 | 113 | | 4.20detect, protect against, or respond to security incidents, identity theft, fraud, harassment, |
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| 114 | 114 | | 4.21malicious or deceptive activities, or any illegal activity; preserve the integrity or security |
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| 115 | 115 | | 4.22of systems; or investigate, report, or prosecute any person responsible for any such action; |
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| 116 | 116 | | 4.23 (10) a financial institution, affiliate of a financial institution, or data subject to title V |
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| 117 | 117 | | 4.24of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801, et seq.; |
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| 118 | 118 | | 4.25 (11) a covered entity or business associate for purposes of the federal privacy regulations |
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| 119 | 119 | | 4.26promulgated under the federal Health Insurance Portability and Accountability Act of 1996, |
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| 120 | 120 | | 4.27specifically United States Code, title 42, section 1320d-2 note; |
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| 121 | 121 | | 4.28 (12) insurance and insurance support organizations; |
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| 122 | 122 | | 4.29 (13) law enforcement agencies or law enforcement support organizations and vendors |
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| 123 | 123 | | 4.30that provide data support services to law enforcement agencies; |
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| 124 | 124 | | 4.31 (14) the collection and sale or licensing of covered information incidental to conducting |
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| 125 | 125 | | 4.32the activities described in clauses (4) to (13); and |
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| 126 | 126 | | 4Sec. 2. |
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| 127 | 127 | | 25-04022 as introduced02/17/25 REVISOR KLL/ES 5.1 (15) personal information contained in: |
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| 128 | 128 | | 5.2 (i) real property records as defined in section 13.045, subdivision 1, clause (5); |
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| 129 | 129 | | 5.3 (ii) uniform commercial code filings and tax liens maintained by the secretary of state; |
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| 130 | 130 | | 5.4and |
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| 131 | 131 | | 5.5 (iii) any other records maintained by a government entity evidencing title to, or any lien, |
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| 132 | 132 | | 5.6judgment, or other encumbrance on, real or personal property. |
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| 133 | 133 | | 5.7 EFFECTIVE DATE.This section is effective August 1, 2025. |
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| 134 | 134 | | 5.8 Sec. 3. Minnesota Statutes 2024, section 480.45, is amended to read: |
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| 135 | 135 | | 5.9 480.45 REMOVAL OF PERSONAL INFORMATION. |
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| 136 | 136 | | 5.10 Subdivision 1.Internet dissemination.If personal information about a judicial official |
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| 137 | 137 | | 5.11or peace officer is publicly posted to the Internet by a person, business, association, or |
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| 138 | 138 | | 5.12government entity, the judicial official or peace officer may submit a sworn affidavit to the |
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| 139 | 139 | | 5.13person, business, association, or government entity requesting that the publicly posted |
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| 140 | 140 | | 5.14personal information be removed. The affidavit shall: |
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| 141 | 141 | | 5.15 (1) state that the individual whose information was disseminated is a judicial official or |
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| 142 | 142 | | 5.16peace officer as defined in section 480.40; |
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| 143 | 143 | | 5.17 (2) describe with specificity the personal information that the judicial official or peace |
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| 144 | 144 | | 5.18officer seeks to remove; and |
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| 145 | 145 | | 5.19 (3) state the name of the publication, website, or otherwise identify where the judicial |
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| 146 | 146 | | 5.20official's or peace officer's personal information is available to the public. |
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| 147 | 147 | | 5.21 Subd. 2.Removal of personal information; exception.(a) Upon receipt of an affidavit |
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| 148 | 148 | | 5.22requesting removal of the personal information of a judicial official or peace officer that |
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| 149 | 149 | | 5.23meets the requirements of subdivision 1, the person, business, association, or government |
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| 150 | 150 | | 5.24entity shall remove the publicly posted personal information within 30 days. If the person, |
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| 151 | 151 | | 5.25business, association, or government entity fails to remove the publicly posted personal |
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| 152 | 152 | | 5.26information within 30 days after an affidavit is submitted, the judicial official or peace |
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| 153 | 153 | | 5.27officer may file a civil action in a court of competent jurisdiction seeking a court order |
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| 154 | 154 | | 5.28compelling compliance, including injunctive and declarative relief. |
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| 155 | 155 | | 5.29 (b) Paragraph (a) shall not apply to personal information contained in: |
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| 156 | 156 | | 5.30 (1) real property records as defined in section 13.045, subdivision 1, clause (5); |
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| 157 | 157 | | 5Sec. 3. |
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| 158 | 158 | | 25-04022 as introduced02/17/25 REVISOR KLL/ES 6.1 (2) uniform commercial code filings and tax liens maintained by the secretary of state; |
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| 159 | 159 | | 6.2and |
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| 160 | 160 | | 6.3 (3) any other records maintained by a government entity evidencing title to, or any lien, |
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| 161 | 161 | | 6.4judgment, or other encumbrance on, real or personal property. |
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| 162 | 162 | | 6.5 Subd. 3.Penalties and damages.If a person, business, association, or government entity |
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| 163 | 163 | | 6.6knowingly violates an order granting injunctive or declarative relief, the court issuing such |
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| 164 | 164 | | 6.7an order may award to the judicial official or peace officer an amount equal to the actual |
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| 165 | 165 | | 6.8damages sustained by the judicial official or peace officer, and court costs and reasonable |
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| 166 | 166 | | 6.9attorney fees. |
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| 167 | 167 | | 6.10 EFFECTIVE DATE.This section is effective August 1, 2025. |
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| 168 | 168 | | 6.11 Sec. 4. Minnesota Statutes 2024, section 609.476, is amended to read: |
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| 169 | 169 | | 6.12 609.476 PUBLISHING PERSONAL INFORMATION OF JUDICIAL OFFICIAL |
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| 170 | 170 | | 6.13OR PEACE OFFICER. |
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| 171 | 171 | | 6.14 Subdivision 1.Definitions.For the purposes of this section, the terms "personal |
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| 172 | 172 | | 6.15information," and "judicial official," and "peace officer" have the meanings given in section |
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| 173 | 173 | | 6.16480.40, subdivision 1. |
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| 174 | 174 | | 6.17 Subd. 2.Misdemeanor.It is unlawful to knowingly publish the personal information |
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| 175 | 175 | | 6.18of any judicial official or peace officer in any publicly available publication, website, or |
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| 176 | 176 | | 6.19media with the intent to threaten, intimidate, harass, or physically injure. A person convicted |
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| 177 | 177 | | 6.20of violating this subdivision is guilty of a misdemeanor. |
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| 178 | 178 | | 6.21 Subd. 3.Felony.If a person's violation of subdivision 2 also causes bodily harm as |
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| 179 | 179 | | 6.22defined in section 609.02, subdivision 7, the person is guilty of a felony. |
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| 180 | 180 | | 6.23 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 181 | 181 | | 6.24committed on or after that date. |
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| 182 | 182 | | 6Sec. 4. |
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| 183 | 183 | | 25-04022 as introduced02/17/25 REVISOR KLL/ES |
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