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The following summaries highlight the changes made to Chapter 13 (Data Practices Act) and other data practices related statutes during the 2024 Minnesota regular legislative session that affect a broad number of government entities.
The Legislature also passed several bills containing data provisions that are unique to specific entities, which are not included in the summary below. DPO encourages data practices staff at government entities to review their enabling statutes to determine whether the Legislature made changes to data practices requirements that solely impact their entity.
Unless otherwise noted in the summaries, effective dates are July 1, 2024.
Data Practices
Minn. Stat. § 13.02, subd. 3a, § 192.67 (Session Law ch. 100, sec. 1 and sec. 5)
Adds the Minnesota National Guard to the definition of “criminal justice agencies.” Requires government entities to share confidential or private investigative data with the National Guard’s Office of the State Judge Advocate.
Minn. Stat. § 13.045, subd. 3 (Session Law ch. 123, art. 15, sec. 5)
Clarifies that identity and location data on Safe at Home participants that are not otherwise classified as not public are private data on individuals when a participant submits a notice to a responsible authority under section 13.045, subd. 2.
Minn. Stat. § 13.32, subd. 5 (Session Law ch. 109, art. 2, sec. 1) (effective May 18, 2024)
Allows educational agencies and institutions to disclose personal contact and directory information data of students receiving specific special education services to the Department of Employment and Economic Development as required for the coordination of services to students with disabilities under Minnesota law.
Minn. Stat. § 13.43, subd. 6 (Session Law ch. 127, art. 8, sec. 1)
Requires government entities to share personnel data with labor organizations and the Public Employee Relations Board to the extent necessary to conduct elections, investigate and process grievances, and implement the provisions of Chapters 179 and 179A, regardless of a classification by an other provision within Chapter 13.
Minn. Stat. § 13.95 (Session Law ch. 123, art. 17, sec. 1)
Classifies work product data created by the administrative courts as confidential or protected nonpublic. Also classifies health data in administrative court files as private data on individuals.
Minn. Stat. §§ 13.991, 480.40, 480.45, 609.476 (Session Law ch. 123, art. 12) (effective August 1, 2024)
Classifies personal information on judicial branch and administrative court employees as private. Penalties and remedies for a violation of Chapter 13 apply only if the judicial official has provided written notification to the responsible authority of an entity that they are entitled to this protection. Also prohibits knowingly disseminating judicial officials' personal information, provides mechanisms for requesting removal of this information posted publicly online, as well as exceptions to the general prohibition. Provides for penalties and damages and makes dissemination in certain circumstances a misdemeanor or felony.
Minn. Stat. § 16E.36 (Session Law ch. 123, art. 17, sec. 24) (effective July 1, 2024; reporting requirements effective December 1, 2024)
Requires all public agencies (including state agencies, political subdivisions, school districts, charter schools, intermediate school districts, cooperative units, and public post secondary education institutions) and government contractors to report cybersecurity incidents to the Minnesota Department of Information Technology Services. Classifies these incident reports as security information under section 13.37.
Minn. Stat. § 144.2925, §144.293 (Session Law ch. 127, art. 66, sec. 7) (effective May 25, 2024)
Clarifies that the Minnesota Health Records Act is more stringent on the release of medical records than federal law, and that specific authorization for release of Health Records must come from Minnesota law. This new language is a statutory response to Schneider v. Children’s Health Care, 996 N.W.2d 197 (Minn. 2023).
Minn. Stat. § 324.15 (Session Law ch. 121, art. 2, sec. 68) (effective May 25, 2024)
State agencies may share civil investigative data with the Office of Cannabis Management if the request for data is related to a specific applicant and is necessary for the Office to make a licensing determination.
Minn. Stat. § 626.5534 (Session Law ch. 123, art. 3, sec. 6)
Law enforcement agencies must provide data to the Bureau of Criminal Apprehension’s Use of Force Investigations Unit or specifically-authorized entity charged with investigating an officer-involved death. If a prosecutor does not move forward with charges, their determination and any public inactive investigative data must be publicly disclosed.
Minnesota Consumer Data Privacy Act (Session Law ch. 121, art. 5) (effective July 31, 2025)
New data privacy law applicable to legal entities that conduct business in Minnesota. Note that government entities are excluded from the scope of this act, under Minnesota Statutes §325O.02, subd. 2.
GIS Mapping Data for School Facilities (Session Law ch. 123, art. 1, sec. 18)
Directs commissioner of public safety to issue grants to regional emergency communications board to map school facilities. Classifies digital GIS mapping data of school facilities that board create under these grants as not nonpublic data.
Open Meeting Law
The Minnesota Legislature did not make any changes to the Open Meeting Law during the 2024 session. However, the Legislature created several new public bodies that are subject to the law's requirements. See below for the different resources that our office has available for new public bodies seeking guidance on how to best comply with the OML.
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