JULY 2022 

2022 Legislative Summary: Data Practices and Open Meetings

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 2022 Minnesota regular legislative session. Unless otherwise noted in the summaries, effective dates are August 1, 2022.

Data Practices

Minn. Stat. § 13.045 (Session Law ch. 83, secs. 4-7)

Updates requirements related to the administration of the Safe at Home Program. Permits entities to amend records to replace location data with program participant's designated address. Creates requirements for government entities to notify the Secretary of State when limits on disclosing participant identity's data in real property records expire in specific situations.

Minn. Stat. § 13.32 (Session Law ch. 69, secs. 1-4)

Implements the Student Data Privacy Act. Adds new definitions for "parent," "school-issued device," and "technology provider" to subdivision 1. Clarifies that technology providers are subject to Chapter 13 requirements and establishes limitations on the use of education data. Limits the ability of government entities and technologies to electronically access or monitor location-tracking or audio and visual recording features of school-issued devices, with exceptions. Exempts post-secondary institutions and specific nonprofits from new limitations and requirements. (Effective beginning the 2022-23 school year and thereafter.)

Minn. Stat. § 13.46, subd. 7 (Session Law ch. 98, art. 6, sec. 2)

Modifies language authorizing community mental health centers, county mental health divisions, or a mental health providers to share a client's or patient's data with law enforcement agencies when agencies are responding to a mental health crisis. 

Minn. Stat. § 13.463 (Session Law ch. 69, sec. 5)

Adds a new section defining "education support services data" and classifying data as private.

Minn. Stat. § 13.643 (Session Law ch. 47, sec. 1)

Classifies certain data maintained by the Department of Agriculture, Minnesota State, and other pass-through recipients about individuals seeking mental or behavioral health issues assistance or contacting the Minnesota Farm and Rural Helpline as private or nonpublic. Permits data sharing in emergency situations.

Minn. Stat. § 13.83, subd. 2 (Session Law Ch. 58, sec. 1)

Designates a certification of attendance by a physician assistant as well as the physician assistant's name and address as public data when created or collected by a medical examiner or coroner.

Minn. Stat. § 13.876 (Session Law Ch. 63, sect. 1)

Creates new section classifying certain data maintained by the newly-created Office of the Foster Youth Ombudsperson as private.

Minn. Stat. § 144.294, subd. 2 (Session Law ch. 98, art. 6, sec. 3)

Modifies language authorizing medical providers to share a patient's health records with law enforcement agencies when agencies are responding to a mental health crisis. Adds requirements that a law enforcement agency must inform patients when it receives such records.

Minn. Stat. § 147.03, subd. 2 (Session Law ch. 99, art. 2, sec. 3)

Authorizes the Board of Medical Practice to disclose data regarding the issuance or revocation of temporary permits related to applications for a physician license.

Minn. Stat. § 147A.025 (Session Law ch. 99, art. 2, sec. 5)

Authorizes the Board of Medical Practice to disclose data regarding the issuance or revocation of temporary permits related to applications for a physician assistant license. 

Minn. Stat. § 192.67, subd. 2 (Session Law ch. 89, sec. 1)

Creates a new subdivision authorizing adjutant general of the Minnesota National Guard to access any investigative or law enforcement data about service members maintained by government entities without a court order or informed consent.

Minn. Stat. § 268.19, subd. 1 (Session Law ch. 98, art. 9, sec. 5)

Authorizes sharing of not public data related to specific social services programs for the purpose of monitoring eligibility.

Minn. Stat. § 299C.72, subd. 2 (Session Law ch. 59)

Permits law enforcement agencies to share criminal history data with hiring or licensing authorities at a city or county that has requested a criminal history check for an applicant, licensee, or current employee.

Minn. Stat. § 626.557, subd. 12b (Session Law ch. 98, art. 8, sec. 44)

Classifies investigative data collected by county social service agency during an investigation of maltreatment of vulnerable adults as confidential or protected nonpublic. Clarifies and updates data sharing provisions described in subdivision 12b(g).

Minn. Stat. § 626.8477 (Session Law ch. 98, art. 6, sec. 20)

Creates new section requiring law enforcement agencies that seek or use mental health data under section 13.46, subd. 7(c) or health records under 144.294, subd. 2 to create written policies governing use of data or records.

Open Meeting Law

The Minnesota Legislature did not make any changes to the OML during the 2022 regular legislative session.

Update Your Data Access Policies by August 1

Minnesota Statutes, section 13.025 requires all government entities subject to the Data Practices Act to create policies about access to public data as well as the rights of data subject. The law also requires government entities to review and update these policies by August 1 of each year.

This is our friendly reminder to data practices officials to review and update your entity's data access policies by the August 1 deadline. The Data Practices Office website has sample policies and a guidance worksheet to help you consider different factors to keep your policies up to date.

Upcoming Data Practices Trainings

DPO Presents: Data Practices for Schools with MSBA

The Data Practices Office will be offering a free webinar on Thursday, July 28 at 1 p.m. in partnership with the Minnesota School Boards Association (MSBA).

The session will provide an overview of the Data Practices Act's requirements for educational data as well as strategies for educational institutions to ensure compliance with legally-required notices, designating directory information requirements, and establishing consent management processes.

The webinar will provide valuable information for staff who have data practices responsibilities at educational institutions as well as anyone interested in issues that involve student data.

More information about this free webinar is available on our website, and you can view recordings of past webinars on our YouTube Channel.

Advisory Opinion Updates

Law Enforcement Data; Body Camera Data

In Advisory Opinion 22-003, a member of the public asked whether a city responded appropriately to a request for a copy of body camera data that was presented as evidence in court. The city argued that the request should have been directed to the prosecutor’s office, and that the body camera data were private pursuant to Minnesota Statutes, section 13.825. The Commissioner determined that the city did not respond properly to the data request because prosecutors are not law enforcement agencies for purposes of Minnesota Statutes, section 13.82, and the obligation to provide access to data under this section resides with the law enforcement agency. Further, the body camera data are public pursuant to section 13.82, subdivision 7 as data presented as evidence in court.