Subdivision 1. Application to commissioner. (a) Notwithstanding the provisions of section 13.03, the responsible authority of a government entity may apply to the commissioner for permission to classify data or types of data on individuals as private or confidential, or data not on individuals as nonpublic or protected nonpublic, for its own use and for the use of other similar government entities on a temporary basis until a proposed statute can be acted upon by the legislature. The application for temporary classification is public.
(b) Upon receipt by the commissioner of an application for temporary classification, the data which is the subject of the application shall be deemed to be classified as set forth in the application for a period of 45 days, or until the application is disapproved, rejected, or granted by the commissioner, whichever is earlier.
(c) If the commissioner determines that an application has been submitted for purposes not consistent with this section, the commissioner may immediately reject the application, give notice of that rejection to the applicant, and return the application. When the applicant receives the notice of rejection from the commissioner, the data which was the subject of the application shall have the classification it had before the application was submitted to the commissioner.
Subd. 2. [Repealed, 2010 c 365 art 1 s 12]
Subd. 3. Contents of application. An application for temporary classification of government data shall include and the applicant shall have the burden of clearly establishing that no statute currently exists which either allows or forbids classification as not public; and one or more of the following:
(1) that data similar to that for which the temporary classification is sought have been classified as not public by other government entities; or
(2) public access to the data would render unworkable a program authorized by law.
The applicant must also clearly establish that a compelling need exists for immediate temporary classification, which if not granted could adversely affect the health, safety, or welfare of the public, or the data subject's well-being or reputation.
Subd. 4. Procedure when classification affects others. If the commissioner determines that an application for temporary classification involves data which would reasonably be classified in the same manner by all government entities similar to the one which made the application, the commissioner may approve or disapprove the classification for data of the kind which is the subject of the application for the use of all government entities similar to the applicant. If requested in the application, the commissioner may also determine that the data classification affects similar government entities. On deeming this approach advisable, the commissioner shall provide notice of the proposed action by publication in the State Register within 15 days of receiving the application. Within 30 days after publication in the State Register an affected government entity or the public may submit comments on the application. The commissioner shall consider any comments received when granting or denying a classification for data of the kind which is the subject of the application, for the use of all government entities similar to the applicant. Within 45 days after the close of the period for submitting comment, the commissioner shall grant or disapprove the application. Applications processed under this subdivision shall be either approved or disapproved by the commissioner within 90 days of the receipt of the application. For purposes of subdivision 1, the data which is the subject of the classification shall be deemed to be classified as set forth in the application for a period of 90 days, or until the application is disapproved or granted by the commissioner, whichever is earlier. Proceedings after the grant or disapproval shall be governed by the provisions of subdivision 5.
Subd. 4a. Withdrawal of application. Except when an application is processed under subdivision 4, an application may be withdrawn by the responsible authority prior to the commissioner granting or disapproving the temporary classification. The responsible authority shall notify the commissioner in writing of the entity's intent to withdraw the application. The written withdrawal must state the reason the temporary classification is no longer necessary and must be signed by the responsible authority.
Subd. 5. Determination. (a) The commissioner shall either grant or disapprove the application for temporary classification within 45 days after it is received by the commissioner. On disapproving an application, the commissioner shall set forth in detail reasons for the disapproval, and shall include a statement of belief as to what classification is appropriate for the data which is the subject of the application. Twenty days after the date the responsible authority receives the commissioner's disapproval of an application, the data which is the subject of the application shall become public data, unless the responsible authority submits an amended application for temporary classification which requests the classification deemed appropriate by the commissioner in the statement of disapproval or which sets forth additional information relating to the original proposed classification. Upon the filing of an amended application, the data which is the subject of the amended application shall be deemed to be classified as set forth in the amended application for a period of 20 days or until the amended application is granted or disapproved by the commissioner, whichever is earlier. The commissioner shall either grant or disapprove the amended application within 20 days after it is filed. Five working days after the date the responsible authority receives the commissioner's disapproval of the amended application, the data which is the subject of the application shall become public data. No more than one amended application may be submitted for any single file or system.
(b) If the commissioner grants an application for temporary classification under this section, it shall become effective immediately, and the complete record relating to the application shall be submitted to the attorney general, who shall review the classification as to form and legality. Within 25 days after receipt of the record, the attorney general shall approve the classification, disapprove a classification as confidential or protected nonpublic but approve a classification as private or nonpublic, or disapprove the classification. If the attorney general disapproves a classification, the data which is the subject of the classification shall become public data five working days after the date of the attorney general's disapproval.
Subd. 6. [Repealed, 1995 c 259 art 1 s 62]
Subd. 6a. Data use and dissemination. During the period of the temporary classification, a responsible authority may request approval from the commissioner for a new or different use or dissemination of the data as provided in section 13.05, subdivision 4, for any data temporarily classified under this section.
Subd. 7. Legislative consideration of temporary classifications; expiration. On or before January 15 of each year, the commissioner shall submit all temporary classifications in effect on January 1 in bill form to the legislature. The temporary classification expires August 1 of the year following its submission to the legislature.
1976 c 283 s 8; 1977 c 375 s 6; 1978 c 790 s 2; 1979 c 328 s 9-13; 1980 c 603 s 8-11; 1981 c 311 s 8,39; 1982 c 545 s 3,24; 1984 c 436 s 10,11; 1986 c 444; 1995 c 259 art 1 s 1; 2001 c 7 s 4; 2005 c 163 s 22-25; 2010 c 365 art 2 s 1-7
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.