HF1898

Purpose

The bill aims to expand who is covered by Minnesota's Government Data Practices Act (MGDPA). Specifically, it makes all towns in the specified metropolitan area subject to the MGDPA and extends coverage to certain nonprofit organizations that work with government entities and handle data about individuals.

Main Provisions

• Redefinition of “Political subdivision”:
  • Includes counties, statutory or home rule charter cities, school districts, special districts, and any town exercising powers under chapter 368 located in the metropolitan area (as defined in section 473.121 subdivision 2).
  • Includes any board, commission, district, or authority created by law, local ordinance, or charter provision.
• Inclusion of nonprofit organizations under the MGDPA:
  • Adds nonprofit corporations that are community action agencies organized under the Economic Opportunity Act of 1964 (Public Law 88-452, as amended) to qualify for public funds as political subdivisions.
  • Includes nonprofit social service agencies that perform services under contract with a government entity.
  • Applies to these nonprofits to the extent they collect, store, disseminate, and use data on individuals because of their contractual relationship with a government entity.
• Data practices scope:
  • When these nonprofits handle data about individuals under government contracts, their data activities become subject to the Minnesota Government Data Practices Act.

Significant Changes

• Towns in the defined metropolitan area are newly brought under the protections and requirements of the MGDPA.
• Certain nonprofit organizations (community action agencies funded under the Economic Opportunity Act and nonprofit social service agencies under contract with government entities) are added to the list of entities governed by the MGDPA.
• Clarifies that data collection, storage, dissemination, and use by these nonprofits in the context of government contracts fall under the act’s rules.

Effects and Implications

• Increased transparency and privacy protections for data about individuals held by more local units and nonprofit contractors.
• Entities newly covered by the MGDPA must comply with data practices rules, including privacy protections, data sharing limitations, and reporting requirements.

Rationale (context)

• Aims to modernize and broaden the scope of data privacy protections to more local government units (towns in the metro area) and to nonprofit partners that handle personal data in connection with public programs and contracts.

Terminology and Concepts (from the bill)

• Minnesota Government Data Practices Act (MGDPA)
• political subdivision
• town
• metropolitan area (as defined in section 473.121 subdivision 2)
• board, commission, district, or authority created by law, local ordinance, or charter provision
• nonprofit corporation
• community action agency
• Economic Opportunity Act of 1964 (Public Law 88-452), as amended
• public funds
• nonprofit social service agency
• data on individuals
• contractual relationship with a government entity
• collects, stores, disseminates, and uses data

Relevant Terms - Minnesota Government Data Practices Act - political subdivision - town - metropolitan area (473.121) - board/commission/district/authority - nonprofit corporation - community action agency - Economic Opportunity Act of 1964 (Public Law 88-452) - War on Poverty (contextual synonym) - nonprofit social service agency - data on individuals - government entity - contract - public funds