Subdivision 1. Applicability. As used in this chapter, the terms defined in this section have the meanings given them.
Subd. 2. Commissioner. "Commissioner" means the commissioner of the Department of Administration.
Subd. 3. Confidential data on individuals. "Confidential data on individuals" are data made not public by statute or federal law applicable to the data and are inaccessible to the individual subject of those data.
Subd. 3a. Criminal justice agencies. "Criminal justice agencies" means all state and local prosecution authorities, all state and local law enforcement agencies, the Sentencing Guidelines Commission, the Bureau of Criminal Apprehension, the Department of Corrections, and all probation officers who are not part of the judiciary.
Subd. 4. Data not on individuals. "Data not on individuals" are all government data that are not data on individuals.
Subd. 5. Data on individuals. "Data on individuals" means all government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data are not accessed by the name or other identifying data of any individual.
Subd. 6. Designee. "Designee" means any person designated by a responsible authority to be in charge of individual files or systems containing government data and to receive and comply with requests for government data.
Subd. 7. Government data. "Government data" means all data collected, created, received, maintained or disseminated by any government entity regardless of its physical form, storage media or conditions of use.
Subd. 7a. Government entity. "Government entity" means a state agency, statewide system, or political subdivision.
Subd. 8. Individual. "Individual" means a natural person. In the case of a minor or an incapacitated person as defined in section 524.5-102, subdivision 6, "individual" includes a parent or guardian or an individual acting as a parent or guardian in the absence of a parent or guardian, except that the responsible authority shall withhold data from parents or guardians, or individuals acting as parents or guardians in the absence of parents or guardians, upon request by the minor if the responsible authority determines that withholding the data would be in the best interest of the minor.
Subd. 8a. Not public data. "Not public data" are any government data classified by statute, federal law, or temporary classification as confidential, private, nonpublic, or protected nonpublic.
Subd. 9. Nonpublic data. "Nonpublic data" are data not on individuals made by statute or federal law applicable to the data: (a) not accessible to the public; and (b) accessible to the subject, if any, of the data.
Subd. 10. Person. "Person" means any individual, partnership, corporation, association, business trust, or a legal representative of an organization.
Subd. 11. Political subdivision. "Political subdivision" means any county, statutory or home rule charter city, school district, special district, any town exercising powers under chapter 368 and located in the metropolitan area, as defined in section 473.121, subdivision 2, and any board, commission, district or authority created pursuant to law, local ordinance or charter provision. It includes any nonprofit corporation which is a community action agency organized pursuant to the Economic Opportunity Act of 1964 (Public Law 88-452) as amended, to qualify for public funds, or any nonprofit social service agency which performs services under contract to a government entity, to the extent that the nonprofit social service agency or nonprofit corporation collects, stores, disseminates, and uses data on individuals because of a contractual relationship with a government entity.
Subd. 12. Private data on individuals. "Private data on individuals" are data made by statute or federal law applicable to the data: (a) not public; and (b) accessible to the individual subject of those data.
Subd. 13. Protected nonpublic data. "Protected nonpublic data" are data not on individuals made by statute or federal law applicable to the data (a) not public and (b) not accessible to the subject of the data.
Subd. 14. Public data not on individuals. "Public data not on individuals" are data accessible to the public pursuant to section 13.03.
Subd. 15. Public data on individuals. "Public data on individuals" are data accessible to the public in accordance with the provisions of section 13.03.
Subd. 16. Responsible authority. (a) "Responsible authority" in a state agency or statewide system means the state official designated by law or by the commissioner as the individual responsible for the collection, use and dissemination of any set of data on individuals, government data, or summary data.
(b) "Responsible authority" in any political subdivision means the individual designated by the governing body of that political subdivision as the individual responsible for the collection, use, and dissemination of any set of data on individuals, government data, or summary data, unless otherwise provided by state law. Until an individual is designated by the political subdivision's governing body, the responsible authority is:
(1) for counties, the county coordinator or administrator. If the county does not employ a coordinator or administrator, the responsible authority is the county auditor;
(2) for statutory or home rule charter cities, the elected or appointed city clerk. If the home rule charter does not provide for an office of city clerk, the responsible authority is the chief clerical officer for filing and record keeping purposes;
(3) for school districts, the superintendent; and
(4) for all other political subdivisions, the chief clerical officer for filing and record keeping purposes.
Subd. 17. State agency. "State agency" means the state, the University of Minnesota, and any office, officer, department, division, bureau, board, commission, authority, district or agency of the state.
Subd. 18. Statewide system. "Statewide system" includes any record-keeping system in which government data is collected, stored, disseminated and used by means of a system common to one or more state agencies or more than one of its political subdivisions or any combination of state agencies and political subdivisions.
Subd. 19. Summary data. "Summary data" means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify an individual is ascertainable.
1974 c 479 s 1; 1975 c 401 s 1; 1976 c 239 s 2; 1976 c 283 s 1-5; 1977 c 375 s 1-5; 1978 c 790 s 1; 1979 c 328 s 2-6; 1980 c 603 s 1-6; 1980 c 618 s 25; 1981 c 311 s 2-6,39; 1982 c 545 s 1,24; 1984 c 436 s 1; 1989 c 351 s 2; 1996 c 440 art 1 s 1; 1999 c 227 s 22; 2000 c 468 s 3; 2001 c 202 s 1; 2005 c 163 s 5; 2007 c 129 s 1,2; 2012 c 290 s 1-9
Structure Minnesota Statutes
Chapters 13 - 13C — Data Practices
Chapter 13 — Government Data Practices
Section 13.01 — Government Data.
Section 13.025 — Government Entity Obligation.
Section 13.03 — Access To Government Data.
Section 13.04 — Rights Of Subjects Of Data.
Section 13.045 — Safe At Home Program Participant Data.
Section 13.05 — Duties Of Responsible Authority.
Section 13.055 — Disclosure Of Breach In Security; Notification And Investigation Report Required.
Section 13.06 — Temporary Classification.
Section 13.07 — Duties Of Commissioner; Rules.
Section 13.072 — Opinions By The Commissioner.
Section 13.073 — Public Information Policy Training Program.
Section 13.08 — Civil Remedies.
Section 13.085 — Administrative Remedy.
Section 13.10 — Data On Decedents.
Section 13.15 — Computer Data.
Section 13.201 — Rideshare Data.
Section 13.202 — Political Subdivision Data Coded Elsewhere.
Section 13.203 — Service Cooperative Claims Data.
Section 13.319 — Education Data Coded Elsewhere.
Section 13.32 — Educational Data.
Section 13.321 — Prekindergarten To Grade 12 Educational Data Coded Elsewhere.
Section 13.3215 — University Of Minnesota Data.
Section 13.322 — Postsecondary Education Data Coded Elsewhere.
Section 13.34 — Examination Data.
Section 13.35 — Federal Contracts Data.
Section 13.355 — Social Security Numbers.
Section 13.356 — Personal Contact And Online Account Information.
Section 13.37 — General Nonpublic Data.
Section 13.3805 — Public Health Data.
Section 13.3806 — Public Health Data Coded Elsewhere.
Section 13.381 — Health Regulatory Data Coded Elsewhere.
Section 13.383 — Health Occupations Investigative Data Coded Elsewhere.
Section 13.384 — Medical Data.
Section 13.386 — Treatment Of Genetic Information Held By Government Entities And Other Persons.
Section 13.387 — Health Care Contract Data.
Section 13.39 — Civil Investigation.
Section 13.392 — Internal Auditing Data.
Section 13.40 — Library And Historical Data.
Section 13.401 — Library And Historical Data Coded Elsewhere.
Section 13.41 — Licensing Data.
Section 13.411 — Licensing Data Coded Elsewhere.
Section 13.43 — Personnel Data.
Section 13.435 — Salary Benefit Survey Data.
Section 13.44 — Property Data.
Section 13.441 — Property Data Coded Elsewhere.
Section 13.461 — Human Services Data Coded Elsewhere.
Section 13.462 — Benefit Data.
Section 13.463 — Education Support Services Data.
Section 13.465 — Family And Domestic Relations Data Coded Elsewhere.
Section 13.467 — Foster Care Data.
Section 13.47 — Employment And Training Data.
Section 13.485 — Corporation Data Coded Elsewhere.
Section 13.487 — Trade Regulation And Consumer Data Coded Elsewhere.
Section 13.495 — Lodging Tax Data.
Section 13.4961 — General Tax Data Coded Elsewhere.
Section 13.4963 — Classification And Disclosure Tax Data Coded Elsewhere.
Section 13.4965 — Property Tax Data Coded Elsewhere.
Section 13.4967 — Other Tax Data Coded Elsewhere.
Section 13.51 — Assessor's Data.
Section 13.52 — Deferred Assessment Data.
Section 13.548 — Social Recreational Data.
Section 13.55 — Convention Center Data.
Section 13.552 — Human Rights Data Coded Elsewhere.
Section 13.585 — Housing Agency Data.
Section 13.586 — Housing Agency Data Coded Elsewhere.
Section 13.587 — Emergency Services For Homeless Persons; Private Data.
Section 13.59 — Housing And Redevelopment Data.
Section 13.591 — Business Data.
Section 13.598 — Employment And Economic Development Data Coded Elsewhere.
Section 13.601 — Elected And Appointed Officials.
Section 13.602 — Elected And Appointed Official Data Coded Elsewhere.
Section 13.605 — Legislative Data.
Section 13.606 — Legislative Data Coded Elsewhere.
Section 13.607 — Campaign Finance, Public Disclosure, And Election Data Coded Elsewhere.
Section 13.63 — Retirement Data.
Section 13.631 — Retirement Data Coded Elsewhere.
Section 13.632 — Teachers Retirement Fund Association Data; Certain Cities.
Section 13.635 — General State Agency Data Coded Elsewhere.
Section 13.64 — Administration; Management And Budget Data.
Section 13.6401 — Administration And Management And Budget Data Coded Elsewhere.
Section 13.643 — Agricultural Data.
Section 13.6435 — Agricultural Data Coded Elsewhere.
Section 13.65 — Attorney General Data.
Section 13.67 — Employee Relations Data.
Section 13.6705 — Employee Relations Data Coded Elsewhere.
Section 13.679 — Public Utility Data.
Section 13.68 — Energy And Financial Data And Statistics.
Section 13.681 — Energy And Utilities Data Coded Elsewhere.
Section 13.685 — Municipal Utility Customer Data.
Section 13.69 — Public Safety Department Data.
Section 13.6905 — Public Safety Data Coded Elsewhere.
Section 13.711 — Department Of Commerce Data; Release Of Complaint To Respondent.
Section 13.712 — Commerce Data Coded Elsewhere.
Section 13.713 — Banking Data Coded Elsewhere.
Section 13.714 — Insurance Trust Data; Private And Nonpublic Data.
Section 13.715 — General Insurance Powers Data; Surplus Line Insurance.
Section 13.716 — General Insurance Powers Data Coded Elsewhere.
Section 13.717 — Insurance; Health Care Cost Containment Data Coded Elsewhere.
Section 13.719 — Miscellaneous Insurance Data.
Section 13.7191 — Miscellaneous Insurance Data Coded Elsewhere.
Section 13.72 — Transportation Department Data.
Section 13.721 — Transportation Data Coded Elsewhere.
Section 13.741 — Pollution Control; Environmental Quality Data.
Section 13.7411 — Pollution Control And Environmental Quality Data Coded Elsewhere.
Section 13.745 — Pari-mutuel Horse Racing Coded Elsewhere.
Section 13.746 — Gaming Data Coded Elsewhere.
Section 13.785 — Veterans Data Coded Elsewhere.
Section 13.79 — Department Of Labor And Industry Data.
Section 13.7905 — Labor And Industry Data Coded Elsewhere.
Section 13.7908 — Bureau Of Mediation Services Data.
Section 13.791 — Rehabilitation Data.
Section 13.7911 — Bioprocess Piping And Equipment Data.
Section 13.792 — Private Donor Gift Data.
Section 13.793 — Natural Resource Data; Mineral Data.
Section 13.7931 — Natural Resource Data Coded Elsewhere.
Section 13.7932 — Logger Safety And Education Program Data.
Section 13.80 — Domestic Abuse Data.
Section 13.805 — Address Confidentiality Data Coded Elsewhere.
Section 13.82 — Comprehensive Law Enforcement Data.
Section 13.821 — Videotapes Of Child Abuse Victims.
Section 13.822 — Sexual Assault Data.
Section 13.823 — Domestic Abuse Or Sexual Assault Programs.
Section 13.824 — Automated License Plate Readers.
Section 13.825 — Portable Recording Systems.
Section 13.83 — Medical Examiner Data.
Section 13.84 — Court Services Data.
Section 13.841 — Court Services Data Coded Elsewhere.
Section 13.85 — Corrections And Detention Data.
Section 13.851 — Corrections And Detention Data Coded Elsewhere.
Section 13.854 — Release Of Arrested, Detained, Or Confined Person; Automated Notification Service.
Section 13.856 — Ombudsperson For Corrections; Data.
Section 13.86 — Investigative Detention Data.
Section 13.861 — Security Service Data.
Section 13.87 — Criminal Justice Data.
Section 13.871 — Criminal Justice Data Coded Elsewhere.
Section 13.873 — Integrated Search Service Data Subject Access.
Section 13.875 — Juvenile Justice Data Coded Elsewhere.
Section 13.876 — Foster Youth Ombudsperson; Data.
Section 13.88 — Community Dispute Resolution Center Data.
Section 13.89 — Dissemination Of Data To Protection And Advocacy Systems.