Purpose

• Expand privacy protections for personal information of government officials by extending similar protections already given to judicial officials to state legislators.
• Create a legislative task force to study and recommend improvements to government official privacy protections.
• Require a report with findings and recommendations, and provide funding to support the study.

Who is protected (covered officials)

• Judicial officials: district court judges, senior judges, retired judges, judges of the Minnesota Court of Appeals, active senior recalled or retired federal judges residing in Minnesota, current or retired justices of the Minnesota Supreme Court, and employees of the Minnesota judicial branch; judicial referees and magistrate judges; current and retired judges and current employees of related offices (Office of Administrative Hearings, Department of Human Services Appeals Division, Workers Compensation Court of Appeals, Tax Court).
• State legislators: current and former members of the Minnesota Legislature.
• In short, both judicial officials and state legislators receive the same privacy protections for personal information.

What counts as personal information vs publicly available information

• Personal information includes:
  • residential addresses of the covered official and of their spouse, domestic partner, or children.
  • personal telephone numbers or email addresses issued to the official by the non-judicial branches.
  • names of the official’s children.
  • names of a child care facility or school attended by a child of the official (when combined with the assertion that the facility or school is attended by that child).
• Publicly available information means information lawfully available through government records or information that a business reasonably believes is lawfully made public through widely distributed media, unless the official has restricted access to a specific audience.
• Important note: personal information is defined as not including information that is publicly available.

Removal of personal information and exceptions

• If a government entity, business, or other entity has posted personal information, the official can file an affidavit requesting removal.
• Upon proper affidavit, the entity must remove the publicly posted personal information within 30 days.
• If not removed within 30 days, the official may pursue a civil action for a court order (injunctive and declarative relief) to force removal.
• Exceptions: this removal requirement does not apply to personal information in real property records if disseminated directly by a government entity or when publicly posted or published as required by statute.

Real property records

• Real property records are handled separately and are not subject to the removal requirement under the affidavit process when disseminated directly by a government entity or when required by statute to be public.

Legislative Task Force on Government Official Privacy Protections

• A task force is created within the legislative branch to study and analyze government official privacy protections and to explore ways to administer protections efficiently and effectively.
• Membership (12 total):
  • Eight members from the Legislative Commission on Data Practices and Personal Data Privacy.
  • One person appointed by the secretary of state.
  • One person appointed by the commissioner of administration.
  • One person appointed by the chief justice of the Minnesota Supreme Court.
  • The president of the Minnesota Association of County Officers or a designee.
• Appointments due by August 1, 2026.
• Duties:
  • Analyze the need to change current protections and who qualifies for protections.
  • Consider options for administering protections and any proposed expansions.
  • Review other related issues concerning privacy of government officials.
• Meetings and administration:
  • The task force will elect a chair and vice-chair.
  • The chair of the Legislative Commission on Data Practices will convene the first meeting by August 1, 2026.
  • Data Practices will provide space and administrative support.
  • Must meet at least monthly; meetings follow relevant Minnesota statutes.
  • Compensation for members is governed by state law.
  • Members serve at the appointing authority’s pleasure or until the task force expires; vacancies filled per qualifications.
• Report:
  • The task force must issue a report by January 15, 2027, to the chairs and ranking minority members of the legislative committees with jurisdiction over data practices, detailing conclusions and any recommended changes to state laws.
  • The report must follow the requirements of Minnesota Statutes section 3.195.
• Expiration:
  • The task force expires January 15, 2027, or the day after the required report is issued, whichever comes first.

Administration and timing

• The bill anticipates funding and logistical support to run the task force and to implement any recommendations.
• Appointments and meetings are time-bound, with a clear deadline for the final report and an expiration date tied to that report.

What this bill aims to accomplish

• Strengthen privacy protections for personal information of both judicial officials and state legislators.
• Provide a formal process to remove publicly posted personal information, with defined timelines and remedies.
• Establish a dedicated, cross-agency task force to study, evaluate, and propose improvements to government official privacy protections, ensuring coordinated and practical implementation.

Relevant terms - personal information - publicly available information - judicial official / covered official - removal / affidavit - civil action / injunctive relief / declaratory relief - real property records - task force / government official privacy protections - Legislative Commission on Data Practices and Personal Data Privacy (LCPDPP) - Minnesota Statutes sections 480.40, 480.45, 480.50 - secretary of state / commissioner of administration / chief justice - Minnesota Association of County Officers - data practices / personal data privacy - appropriation / funding - report due January 15, 2027 - expiration date (January 15, 2027)