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The following summaries highlight the changes made to Chapter 13 (Data Practices Act), Chapter 13D (Open Meeting Law), and other data practices related statutes during the 2020 Minnesota regular legislative session and subsequent special session. The legislature may meet in special session again during the COVID-19 pandemic, and we will highlight any additional data practices or open meeting changes in future newsletters. Unless otherwise noted in the summaries, effective dates are July 1, 2020.
Minn. Stat. § 13.82 (Session Law Ch. 82, sec. 1)
Amends law enforcement data provisions to permit agencies to share private or nonpublic data classified under Minn. Stat. § 626.19 (see below) in certain circumstances in order to benefit the public.
Minn. Stat. § 13D.02 (Session Law Ch. 74, art. 1, sec. 1)
Amends requirements of meetings conducted by interactive TV to permit members to attend remotely when advised to do so by a health care professional during and shortly after a state of emergency. Requires all votes during an interactive TV meeting to be conducted by roll call. (effective April 16, 2020)
Minn. Stat. § 18K.04 (Session Law Ch. 89, art. 4, sec. 15, 16)
Classifies certain data about industrial hemp grower or processing applicants and licensees as private or nonpublic. Requires the Minnesota Department of Agriculture to develop procedures to protect applicant and licensee data and to create audit trail of access to such data.
Minn. Stat. § 62J.84 (Session Law Ch. 78)
Establishes the Prescription Drug Price Transparency Act, which requires drug manufacturers to submit drug price and other related information to the Minnesota Department of Health. The Department must publicly post the drug price information online with the exception of not public or trade secret data.
Minn. Stat. § 151.74 (Session Law Ch. 73, sec. 4)
Classifies data about an individual who seeks to access urgent-need insulin or participate in an insulin manufacturer's patient assistance program under the Insulin Safety Net Program as private. (effective April 16, 2020)
Minn. Stat. § 260E (First Special Session Law Ch. 2, art. 7)
A new statutory chapter that reorganizes requirements related to reports of maltreatment of minors, including data practices requirements, previously codified throughout Minn. Stat. 626.556 et seq.
Minn. Stat. § 626.19 (Session Law Ch. 82, sec. 5)
A new statutory section governing a law enforcement agency's use of unmanned aerial vehicle (UAV) and the subsequent data that is collected, created or maintained. Classifies data collected by a UAV as private or nonpublic, subject to certain conditions and exceptions. Requires data collected by a UAV to be deleted as soon as possible or no later than seven days after collection unless data is part of an active criminal investigation. Creates requirements for a law enforcement agency to provide an opportunity for public comment before purchasing or using a UAV. Requires a law enforcement agency to establish and enforce a written policy governing UAV use, which must include an opportunity for the public to comment and provide input on the policy. The policy must also be posted on the law enforcement agency's website. (effective August 1, 2020, provided that the chief law enforcement officers shall adopt the written policy no later than February 15, 2021)
Health Care Response Fund (Session Law Ch. 70, art. 2, sec. 1)
Classifies certain data included in grant applications for health care response funds submitted to the Minnesota Department of Health as private or nonpublic. (effective March 18, 2020)
Revisor's Bill (Session Law Ch. 83)
Updates and amends cross-references in section 13.7905 (labor and industry data). Repeals cross-references in sections 13.383, subd. 9 (marriage and family therapists) and 13.7905, subd. 7 (worker's compensation modernization program).
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