SF3834

Purpose

• The bill broadens personal information protections for officials by extending protections from judicial officials to include state legislators, and it creates a legislative task force to study additional privacy protections for government officials. It also requires a report and appropriates funding to support these efforts.

Key concepts and definitions

• Judicial official: includes Minnesota district court judges, senior judges, Court of Appeals judges, active/senior recalled or retired federal judges residing in Minnesota, current/former Minnesota Supreme Court justices, and staff related to the judicial system (plus certain other listed offices). It also includes current or former members of the Minnesota legislature.
• Personal information: residential addresses (of the official, their spouse/partner/children), nonjudicial branch personal phone numbers or emails, the names of a child and of any child’s care facility or school if tied to the child’s attendance, and similar data.
• Publicly available information: information that is lawfully available through government records or widely distributed media, or information that a business reasonably believes is lawfully public, unless the official has restricted access to a specific audience.
• Real property records: a defined term used in related law.
• Affidavit: a sworn statement used to request removal of personal information.
• Injunctive and declarative relief: court orders and declarations that a party’s conduct is unlawful or that certain information must be removed.

Main provisions and what the bill seeks to accomplish

• Expand protections to state legislators: The bill treats legislators as part of the “judicial covered official” category for purposes of personal information protections.
• Define and restrict personal information: The bill lists specific items as personal information that should be protected from public posting or dissemination, including home addresses and family details, while clarifying what is considered publicly available information.
• Removal process for publicly posted personal information: For a judicial covered official, when an affidavit requests removal of personal information that meets the stated requirements, the responsible person or entity must remove the posted information within 30 days. If they fail to do so, the official may pursue a civil action to obtain a court order, including injunctive and declarative relief.
• Real property records exception: The removal requirement does not apply to personal information contained in real property records when disseminated directly by a government entity or when required by statute.
• Legislative Task Force on Government Official Privacy Protections: The bill creates a task force to study whether protections should be expanded for government officials and how to administer them effectively.
  • Composition: 12 members, including eight members of the Legislative Commission on Data Practices and Personal Data Privacy, plus one appointee each from the secretary of state, the commissioner of administration, the chief justice of the Supreme Court, and the president (or designee) of the Minnesota Association of County Officers.
  • Timeline: Appointments by August 1, 2026; first meeting by August 1, 2026; subsequent meetings at least monthly.
  • Duties: Evaluate the need to change current protections, determine who should qualify for protections, explore administrative options for current and expanded protections, and consider other related issues.
  • Operations: The task force will elect a chair/vice chair, receive space and support from the Legislative Data Practices office, and comply with applicable open meeting and compensation rules.
  • Reporting: A report outlining conclusions and any recommended changes to state laws must be delivered by January 15, 2027.
  • Expiration: The task force expires January 15, 2027 or upon issuance of the required report, whichever occurs first.
• Funding: The bill acknowledges appropriations to support these activities (administrative support, meetings, and related work).

Significant changes to existing law

• Inclusion of state legislators as “judicial covered officials” for privacy protections, expanding who is covered by the current protections.
• Formalized, specific removal procedures for publicly posted personal information, with a clear 30-day deadline and civil enforcement options.
• Creation of a dedicated, time-limited legislative task force to assess and recommend broader privacy protections for government officials, with a defined membership, duties, meeting requirements, and a mandatory reporting timeline.

Practical impact

• Public exposure of sensitive personal data about lawmakers or other government officials would be more tightly controlled.
• Officials and their families may experience improved privacy protections and a formal process to request removal of certain information.
• The state would gain a structured, official review process to consider further privacy protections and administrative strategies, potentially guiding future policy.

Relevant Terms personal information; publicly available information; judicial official; legislative official; real property records; affadavit; removal; civil action; injunctive relief; declarative relief; government official privacy protections; task force; Legislative Commission on Data Practices and Personal Data Privacy; open meetings; data practices; security of personal data; privacy protections for government officials; Minnesota Statutes 480.40; Minnesota Statutes 480.45.