|
The following summaries highlight the changes made to Chapter 13 (Data Practices Act) and other data practices related statutes during the 2026 Minnesota regular legislative session that affect a broad number of government entities.
The Legislature also passed 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, 2026.
Note: Click here to jump to the remainder of the newsletter covering policy updates, Open Meeting Law guidance, an upcoming training, as well as advisory opinion summaries.
Data Practices
Minn. Stat. § 121A.0361, subd. 5 (Session Law ch. 117, sec. 3)
Defines "anonymous threat reporting system data," which are data related to either a local anonymous threat reporting system or the Department of Public Safety's statewide anonymous threat reporting system. The definition also includes data created by schools, the Department of Education, law enforcement agencies, and noncriminal justice partners when responding to tips or reports received by local anonymous threat reporting systems or DPS' statewide system.
Data are classified as confidential or protected nonpublic while an anonymous report is active, and educational and law enforcement entities are authorized to share anonymous threat reporting system data among themselves. Data in a local system are governed under section 13.32 when a report is inactive, and section 13.82, subdivision 7 governs inactive reporting data at DPS. The language also describes when reporting data are active or inactive.
Minn. Stat. § 122A.20, subd. 2 (Session Law ch. 108, sec. 2)
Police departments and county sheriff offices must notify the Professional Educator Licensing and Standards Board or Board of School Administrators when a teacher is charged with certain criminal offenses described under section 122A.20, subd. 1(b) or section 243.166.
Minn. Stat. § 211A.015 (Session Law ch. 101, sec. 23) (effective May 19, 2026)
Classifies the street address contained in financial reports and statements that candidates or committees must file with a county, municipality, school district, or other political subdivision as private or nonpublic data. The data are accessible to the subject of the data as well as to the filer of the report or statement.
Minn. Stat. § 480.40, subd. 1; § 480.50, subd. 1 (Session Law ch. 97, art. 10, secs. 1 & 2.)
Adds judges and current employees of the Department of Employment and Economic Development Unemployment Insurance and Paid Leave Appeals Division to the definition of "judicial officials," meaning section 13.991 will apply to these individuals. However, these individuals are excluded from the real property data protection requirements under section 480.50.
Minnesota Office of the Inspector General (Session Law ch. 92) (various effective dates)
Establishes the Minnesota Office of the Inspector General, and provides various powers and duties of the office. Governor must appoint the inspector general by February 1, 2027, and the office must be fully operational by September 1, 2027.
The inspector general serves for a five-year term with unlimited re-appointments. The inspector general may appoint peace officers and establish a law enforcement agency, and the agency is subject to Chapter 13 requirements. (Section 15E.27.)
The office is subject to the Data Practices Act and may access data of any classification, including not public data. An entity does not violate the Data Practices Act when disclosing not public data in response to a subpoena from the office. The office has authority to disclose any public or not public data to other government entities, law enforcement agencies, prosecuting authorities, and the Department of Human services in specific circumstances. Data maintained by the office related to civil investigations are classified as confidential or protected nonpublic while an investigation is active. Data are classified as private or nonpublic data when the office is no longer actively pursuing a civil investigation, but certain data related to the investigation are public. This section does not apply to the law enforcement agency that the inspector general may create. (Section 15E.40.)
Open Meeting Law
The Minnesota Legislature did not make any substantial changes to the Open Meeting Law during the 2026 legislative session.
|