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S.F. No. 745 - Omnibus Data Practices Bill
 
Author: Senator Kari Dziedzic
 
Prepared By:
 
Date: April 15, 2013



 

              Section 1 (S.F. No. 60-Sen. Scalze) classifies personal contact and online account  information.  Paragraph (a) classifies data on individuals collected for notification or informational purposes of a general nature as private data.  It includes the telephone number; e-mail address; and Internet user name and other online access information. 

Paragraph (b) provides that section 13.04, subdivision 2, ("Tennessen warning") does not apply to data classified under this section.  This is the requirement that government entities who collect private data from an individual inform them of the purpose and intended use of the data, who may have access to it, etc.  An exception from the data classification for data submitted by an individual to the Campaign Finance Board to meet legal requirements imposed by campaign finance and public disclosure laws is included.

Paragraph (c) provides that data under paragraph (a) may only be used for the purpose for which the individual provided the data.

An immediate effective date is included and the classification would apply to data collected, maintained, or received before, on, or after that date. 

Section 2 (S.F. No. 681-Sen. Dziedzic) amends the definition of "security information" under the Data Practices Act to expand the information on community crime prevention program volunteers that is considered security information to include mailing addresses and e-mail or other digital addresses.

Section 3 (S.F. No. 1017-Sen. Marty) states that the general law governing genetic information applies to newborn screening activities under  sections 144.125 to 144.128, but other programs and activities are governed by the new provisions in the bill under section 11.  A July 1, 2013, effective date is included.

Section 4 (S.F. No. 1143-Sen. Dziedzic) amends disclosure requirements under the personnel data statute.  It clarifies and adds certain employment positions in cities and counties of a specified size and all school districts with respect to the definition of a “public official.”  Data made public because of a settlement agreement would apply regardless of whether the settlement agreement was with another person.  An immediate effective date is included.

Section 5 (S.F. No. 1048-Sen. Senjem) amends the personnel data statute to authorize the release of personnel data for purposes of providing information to a parent, legal guardian, or custodian of a child as required under the new provisions in section 31.

Section 6 (S.F. No. 683-Sen. Hoffman) amends the Department of Administration data statute to provide that data that identify an individual with a disability or a family member of an individual related to services funded by the federal Assistive Technology for Individuals with Disabilities Act for assistive technology device demonstrations, transition training, loans, reuse, or alternative financing are private data.

Section 7 (S.F. No. 810-Sen. Champion) classifies the names of applicants for or users of transportation services for the disabled or elderly as private data.  An immediate effective date is included.

Section 8 (S.F. No. 800-Sen. Champion) classifies specified data collected by the Department of Transportation related to participation in the Minnesota road use test as nonpublic or private data.  This would not prohibit the production of summary data.  Notwithstanding the general law governing the discoverability of data that are not public, the Department of Transportation may produce the data only to law enforcement authorities acting pursuant to a valid probable cause search warrant.

Section 9 (S.F. No. 800-Sen. Champion) classifies data related to construction manager/general contractor contracts, with different classifications at various stages of the process. 

Paragraph (b) classifies data at the time the commissioner solicits a request for qualifications.

Paragraph (c) makes certain data public when the commissioner announces the short list of qualified persons.

Paragraph (d) classifies data when the commissioner solicits a request for proposals.

Paragraph (e) makes certain data public when the commissioner has completed the ranking of the proposals and announces the persons selected.

Paragraph (f) classifies data when the commissioner conducts contract negotiations and until a contract is fully executed.

Paragraph (g) makes certain data public when a contract is fully executed or the commissioner decides to use another contract procurement process. 

Paragraph (h) governs data classifications when the commissioner rejects all responses to a request for proposals before a contract is fully executed.

Section 10 (S.F. No. 810-Sen. Champion) classifies as private data on transit users collected through the Metropolitan Council’s personalized web services or the regional fare collection system.  The council may disseminate user history and fare card use to government entities and other entities that subsidize fares or provide fare cards, provided that upon request of a user or customer, only the card balance and date of last use may be disclosed.  The council may disseminate user data to another government entity to prevent unlawful intrusion into government electronic systems.  An immediate effective date is included. 

Section 11 (S.F. No. 1017-Sen. Marty) provides for the treatment of biological specimens and health data held by the Department of Health and health boards.

Subdivision 1 defines the following terms:  biological specimen; health data; health oversight; individual; person; program operations; public health practice; representative of the decedent; and research.

Subdivision 2, paragraph (a), authorizes the Commissioner of Health to collect, store, use, and disseminate biological specimens and health data as provided in this section and authorized under other law. 

Paragraph (b) states that this section supplements other of law and does not supersede or repeal other provisions applying to the collection, use, storage, or dissemination of biological specimens or health data.

Paragraph (c) states that for purposes of this section, genetic information is limited to biological specimens and health data.

Subdivision 3, paragraph (a), authorizes the commissioner to collect, use, store, and disseminate biological specimens and health data to conduct program operations activities, public health practice activities, and health oversight activities.  Unless required by law, the consent of the individual is not required.

Paragraph (b) authorizes, with the approval of the commissioner, the dissemination of biological specimens to establish diagnosis, provide treatment, identify persons at risk of illness, or conduct an epidemiologic investigation to control or prevent the spread of serious disease or to diminish an imminent threat to public health.

Paragraph (c) permits, for purposes of the clinical laboratory improvement amendments proficiency testing, the commissioner to disseminate de-identified biological specimens to state public health laboratories that agree not to attempt to re-identify the specimens.

Paragraph (d) permits the health data to be disseminated as provided under section 13.3805, subd.1, paragraph (b).

Subdivision 4 authorizes the commissioner to collect, use, store, and disseminate biological specimens and health data to conduct research in a manner that is consistent with federal law.

Subdivision 5 requires the commissioner to store health data according to section 138.17 (government records retention and destruction), and biological specimens according to a specimen storage schedule that is to be developed by the commissioner by July 1, 2013.

Subdivision 6 requires the commissioner to establish appropriate safeguards for the storage of biological specimens with regard to the privacy of the individuals from whom the specimens originated and store the specimens accordingly.  When the specimen is destroyed, it must be done in a way that prevents the determination of the identity of the individual from whom it originated.

Subdivision 7 applies a number of the provisions in this section to boards of health and community health boards organized under chapter 145A.  These health boards may disseminate health data pursuant to section 13.3805.

A July 1, 2013, effective date is included.

Section 12 (S.F. No. 632-Sen. Benson) requires the Commissioner of Health to submit a biennial report to the Legislature on the activities of the Newborn Hearing Screening Advisory Committee, beginning February 15, 2015.  The expiration date of the advisory committee is extended from June 30, 2013, to June 30, 2019.

Section 13 (S.F. No. 632-Sen. Benson) corrects a cross-reference in the early hearing detection and intervention program and refers to the parental election, rather than consent.  A July 1, 2013, effective date is included.

Section 14 (S.F. No. 632-Sen. Benson) requires parental notification of the right to discontinue storage of hearing test results and require destruction.  The department of health may store hearing and rescreening test results for a period of time not to exceed 18 years from the infant’s date of birth, provided that the parent or legal guardian may instruct the department to discontinue storage.  Upon request, the test results must be destroyed within one month of receipt of the instruction or within 25 months after the department of health received the last test result, whichever is later.

Section 15 (S.F. No. 1017- Sen. Marty) provides that nothing in the early hearing detection and intervention program shall be construed to constitute newborn screening activities.  A July 1, 2013, effective date is included.

Section 16 (S.F. No. 632-Sen. Benson) provides that data collected by or submitted to the department of health as part of the newborn hearing screening test is not genetic information.

Section 17 (S.F. No. 433-Sen. Limmer) authorizes the release of driver’s license and Minnesota identification card photographs to a county medical examiner or coroner as required to fulfill their duties.

Section 18 (S.F. No. 643-Sen. Dziedzic) authorizes the release of unemployment insurance data to the department of corrections for purposes of case planning for pre-probation and post-probation employment tracking of offenders sentenced to probation.

Section 19 (S.F. No. 957- Sen. Dibble) amends the law governing  the return of identification data other than  DNA to require data to be destroyed, rather than returned to the subject, upon demand, reflecting the fact that data are frequently stored electronically, rather than in paper form.

Section 20 (S.F. No. 1269- Sen. Latz) defines forensic laboratories and requires a forensic laboratory operating on or after January 1, 2014, to be accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board. No forensic laboratory may operate on or after July 1, 2015, unless it is accredited.  Forensic labs must forward their certificate of accreditation to the Commissioner of Public Safety, who must post the accreditation documents on the department’s Web site.

Section 21 (S.F. No. 957-Sen. Dibble) includes technical modifications and updates language related to secure access to the Bureau of Criminal Apprehension systems and services.

Section 22 (S.F. No. 957-Sen. Dibble) incorporates federal government agencies in the definition of “criminal justice agency.”

Section 23 (S.F. No. 957-Sen. Dibble) amends the definition of “noncriminal justice agency” to refer to agency’s of the state, rather than “a” state.

Section 24 (S.F. No. 957-Sen. Dibble) modifies the list of permitted uses under the criminal justice data communications network.  It updates a reference to federal law; permits other agencies to access only in the event of a “declared” emergency or disaster; permits access where otherwise specifically authorized by law; and permits access by a court where authorized by law and related to the disposition of the pending case.   Language is updated to reflect access by other states and countries.  Standards that a criminal justice agency must meet before establishing a secure connection to the data communication network are specified and criminal background checks on individuals who may be granted access to the network are included.

Section 25 (S.F. No. 957-Sen. Dibble) establishes a framework for Minnesota criminal history checks for background checks on applicants for city or county employment and on individuals seeking licensure in cases where a background check is not otherwise mandated by law.  Standards for conducting the background check are specified.

Section 26 (S.F. No. 957-Sen. Dibble) includes technical updates to the definitions in the statute providing for background checks on applicants for employment with, or current employees of, a fire department.

Section 27 (S.F. No. 957-Sen. Dibble) modifies standards for conducting a background check on fire department applicants and employees.

Sections 28 to 30 (S.F. No. 957-Sen. Dibble) establish procedures for conducting a background check on individuals applying for an explosives license, wholesale liquor license, or retail liquor license.

Section 31 (S.F. No. 1048-Sen. Senjem) amends the Child Maltreatment Reporting Act to require schools to provide a notice to the parent, legal guardian, or custodian of a child that an incident has occurred that may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment.  This requirement would apply regardless of whether a report is made.

Section 32 (S.F. No. 1017-Sen. Marty) provides that notwithstanding data destruction provisions in other law, newborn screening test results collected on or after November 16, 2011, must not be destroyed subject to the schedule under the newborn screening statute before June 1, 2014.  A parent or legal guardian may provide a signed and dated form requesting destruction and the commissioner must comply within one month of receipt of the request or one month of the standard retention period for test results, whichever is later.  A July 1, 2013, effective date is included.

Section 33 (S.F. No. 1017-Sen. Marty) requires the Commissioner of Health, in consultation with medical research and advocacy groups, to review the newborn screening program and evaluate the validity of a comprehensive and sustainable long-term storage and use plan for  test results.  Factors that must be considered by the commissioner are specified.  By February 1, 2014, the commissioner must submit a report to the chairs and ranking minority members of legislative committees with primary jurisdiction on health and human services and data privacy.  A July 1, 2013, effective date is included.

Section 34 (S.F. No. 957-Sen. Dibble) repeals the McGruff Safe House program. 

 
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