SF2089 (Legislative Session 94 (2025-2026))

Data practices modification

Related bill: HF1836

AI Generated Summary

This bill proposes amendments to Minnesota Statutes 2024, section 13.04, subdivision 4, which governs the procedure for individuals to contest the accuracy or completeness of public or private government-held data about themselves.

Key changes in the bill include:

  1. Written Notification Requirement: Individuals disputing data accuracy must notify the responsible authority in writing, explaining the nature of their disagreement.

  2. Government Response Deadline: The responsible authority must respond within 30 days by:

    • Correcting the data and attempting to notify prior recipients of the incorrect data, or
    • Determining the data to be correct and informing the individual of their right to appeal.
  3. Appeal Process: If an individual disagrees with the decision:

    • They have 60 days to appeal to the commissioner under the Administrative Procedure Act.
    • The commissioner may attempt to resolve the dispute through education, conciliation, or mediation before proceeding to a formal hearing.
    • The commissioner may dismiss an appeal if it is untimely, involves previously litigated data, the appellant is not the subject of the data, or a final order has already been issued.
  4. Submission of Private Data: Government entities may submit private data to the commissioner as part of an appeal, with such data maintaining its original classification.

  5. Correction or Destruction of Disputed Data: Successfully challenged data must be corrected, completed, or destroyed without adherence to usual record retention laws.

  6. Retention of Summary Records: If challenged data is corrected or removed, the government entity may retain a summary of the dispute without details of the contested data.

  7. Data Privacy Protections: Data maintained by the commissioner following a resolution or order will be classified as private data.

Overall, the bill strengthens individuals’ rights to dispute inaccurate government data and streamlines the process for correcting or appealing determinations while maintaining data privacy protections.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 02, 2025SenateFloorActionIntroduction and first reading
March 02, 2025SenateFloorActionReferred toJudiciary and Public Safety
March 23, 2025SenateFloorActionComm report: To pass as amended and re-refer toState and Local Government
March 23, 2025HouseFloorActionComm report: To pass as amended and re-refer toState and Local Government
March 23, 2025SenateFloorActionComm report: To pass as amended and re-refer toState and Local Government

Citations

 
[
  {
    "analysis": {
      "added": [
        "A new subsection allowing the commissioner to dismiss untimely appeals."
      ],
      "removed": [
        "Previous restrictions on data retention post-dispute resolution."
      ],
      "summary": "The bill modifies procedures concerning the correction and appeal of inaccurate data under section 13.04.",
      "modified": [
        "Clarifies the process for correcting disputed data and the role of the commissioner in mediating such disputes."
      ]
    },
    "citation": "13.04"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 13.03 regarding data handling during appeals.",
      "modified": [
        "Clarification on data classification when submitted for appeals."
      ]
    },
    "citation": "13.03"
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        "Requirements of section 138.17 in the context of challenged data."
      ],
      "summary": "The bill addresses section 138.17 concerning data destruction requirements.",
      "modified": []
    },
    "citation": "138.17"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill outlines procedures referenced in chapter 14 related to contested cases.",
      "modified": [
        "Clarifies procedural steps prior to contested case hearings."
      ]
    },
    "citation": "14"
  }
]

Sponsors