HF1836

This bill proposes amendments to Minnesota Statutes 2024, section 13.04, subdivision 4, regarding data accuracy and completeness challenges by individuals.

Key Provisions:

1. Right to Challenge Data

   • Individuals can contest the accuracy or completeness of public or private data about themselves by submitting a written notice to the government entity responsible for the data.

2. Government Response

   • The responsible authority must, within 30 days:
     1. Correct the inaccurate or incomplete data and attempt to notify past recipients of the incorrect data, or
        
     2. Determine the data to be accurate and notify the individual of their right to appeal.

3. Appeals Process

   • If dissatisfied, a data subject can appeal the decision to the commissioner within 60 days under the Administrative Procedure Act.
     
   • Before conducting a formal hearing, the commissioner must attempt resolution through education, conciliation, or mediation.
     
   • The commissioner can dismiss an appeal if:
     • It was filed late.
     • It concerns data previously used as evidence in court.
     • The appellant is not the subject of the data.
     • The issue was previously resolved in a final order.

4. Data Access and Confidentiality

   • Government agencies may share private data with the commissioner for the appeal process, maintaining its classification.
   • Private data may be disclosed only as necessary to the Office of Administrative Hearings.

5. Correcting or Deleting Data

   • If data is successfully challenged, it must be corrected, completed, or destroyed without following state records retention laws.
     
   • Agencies may keep a summary of the dispute but not the incorrect data itself.

6. Data on Appeals Process

   • Data corrected or deleted through this process becomes private data when maintained by the commissioner.

Overall Impact:

This bill clarifies and strengthens Minnesota’s data accuracy challenge process, adds procedural protections, and ensures transparency while maintaining privacy protections for individuals.