1.1.................... moves to amend H.F. No. 183 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2012, section 13.04, subdivision 3, is amended to read:
1.4    Subd. 3. Access to data by individual. (a) Upon request to a responsible authority
1.5or designee, an individual shall be informed whether the individual is the subject of
1.6stored data on individuals, and whether it is classified as public, private or confidential.
1.7Upon further request, an individual who is the subject of stored private or public data
1.8on individuals shall be shown the data without any charge and, if desired, shall be
1.9informed of the content and meaning of that data. After an individual has been shown
1.10the private data and informed of its meaning, the data need not be disclosed to that
1.11individual for six months thereafter unless a dispute or action pursuant to this section is
1.12pending or additional data on the individual has been collected or created. The responsible
1.13authority or designee shall provide copies of the private or public data upon request by
1.14the individual subject of the data. The responsible authority or designee may require the
1.15requesting person to pay the actual costs of making and certifying the copies.
1.16(b) Notwithstanding section 13.15 or 13.43, or other law to the contrary, upon
1.17request, an individual has access to the name of persons who have obtained access
1.18to private data on the individual, unless the data would identify an undercover law
1.19enforcement officer or are active investigative data.
1.20    (c) The responsible authority or designee shall comply immediately, if possible, with
1.21any request made pursuant to this subdivision, or within ten days of the date of the request,
1.22excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible.

1.23    Sec. 2. Minnesota Statutes 2012, section 13.05, subdivision 5, is amended to read:
1.24    Subd. 5. Data protection. (a) The responsible authority shall:
1.25 (1) establish procedures to assure that all data on individuals is accurate, complete,
1.26and current for the purposes for which it was collected; and
2.1 (2) establish appropriate security safeguards for all records containing data on
2.2individuals, including procedures for ensuring that data that are not public are only
2.3accessible to persons whose work assignment reasonably requires access to the data, and
2.4is only being accessed by those persons for purposes described in the procedure; and
2.5(3) develop a policy incorporating these procedures, which may include a model
2.6policy governing access to the data if sharing of the data with other government entities is
2.7authorized by law.
2.8(b) When not public data is being disposed of, the data must be destroyed in a way
2.9that prevents its contents from being determined.

2.10    Sec. 3. Minnesota Statutes 2012, section 13.055, is amended to read:
2.1113.055 STATE AGENCIES; DISCLOSURE OF BREACH IN SECURITY;
2.12NOTIFICATION AND INVESTIGATION REPORT REQUIRED.
2.13    Subdivision 1. Definitions. For purposes of this section, the following terms have
2.14the meanings given to them.
2.15(a) "Breach of the security of the data" means unauthorized acquisition of or access
2.16to data maintained by a state agency government entity that compromises the security and
2.17classification of the data. Good faith acquisition of or access to government data by an
2.18employee, contractor, or agent of a state agency government entity for the purposes of
2.19the state agency entity is not a breach of the security of the data, if the government data
2.20is not provided to or viewable by an unauthorized person, or accessed for a purpose not
2.21described in the procedures required by section 13.05, subdivision 5. For purposes of this
2.22paragraph, data maintained by a government entity includes data maintained by a person
2.23under a contract with the government entity that provides for the acquisition of or access
2.24to the data by an employee, contractor, or agent of the government entity.
2.25(b) "Contact information" means either name and mailing address or name and
2.26e-mail address for each individual who is the subject of data maintained by the state
2.27agency government entity.
2.28(c) "Unauthorized acquisition" means that a person has obtained or viewed
2.29 government data without the informed consent of the individuals who are the subjects of the
2.30data or statutory authority and with the intent to use the data for nongovernmental purposes.
2.31(d) "Unauthorized person" means any person who accesses government data without
2.32permission or without a work assignment that reasonably requires the person to have
2.33 access to the data, or regardless of the person's work assignment, for a purpose not
2.34described in the procedures required by section 13.05, subdivision 5.
3.1    Subd. 2. Notice to individuals; investigation report. (a) A state agency
3.2 government entity that collects, creates, receives, maintains, or disseminates private or
3.3confidential data on individuals must disclose any breach of the security of the data
3.4following discovery or notification of the breach. Notification must be made to any
3.5individual who is the subject of the data and whose private or confidential data was, or is
3.6reasonably believed to have been, acquired by an unauthorized person and must inform
3.7the individual that a report will be prepared under paragraph (b), how the individual may
3.8obtain access to the report, and that the individual may request delivery of the report by
3.9mail or e-mail. The disclosure must be made in the most expedient time possible and
3.10without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement
3.11agency as provided in subdivision 3; or (2) any measures necessary to determine the scope
3.12of the breach and restore the reasonable security of the data.
3.13(b) Upon completion of an investigation into any breach in the security of data, the
3.14responsible authority shall prepare a report on the facts and results of the investigation.
3.15If the breach involves unauthorized access to or acquisition of data by an employee,
3.16contractor, or agent of the government entity, the report must at a minimum include:
3.17(1) a description of the data that were accessed or acquired;
3.18(2) the number of individuals whose data was improperly accessed or acquired;
3.19(3) if there has been final disposition of disciplinary action for purposes of section
3.2013.43, the name of each employee determined to be responsible for the unauthorized
3.21access or acquisition;
3.22(4) the final disposition of any disciplinary action taken against each employee in
3.23response; and
3.24(5) if disciplinary action was determined to be unnecessary, the specific findings and
3.25reasons for that determination.
3.26The report must not include data that are not public under other law. The report is
3.27public and must be posted on the government entity's Web site, if the government entity
3.28maintains a Web site, and provided to an individual who received the notification under
3.29paragraph (a) and requested delivery of the report. If the government entity does not
3.30maintain a Web site, the report must be posted on the principal bulletin board of the
3.31government entity, or if the government entity does not have a principal bulletin board, on
3.32the door of its usual meeting room.
3.33    Subd. 3. Delayed notice. The notification required by this section may be delayed if
3.34a law enforcement agency determines that the notification will impede an active criminal
3.35investigation. The notification required by this section must be made after the law
3.36enforcement agency determines that it will not compromise the investigation.
4.1    Subd. 4. Method of notice. Notice under this section may be provided by one of
4.2the following methods:
4.3(a) written notice by first class mail to each affected individual;
4.4(b) electronic notice to each affected individual, if the notice provided is consistent
4.5with the provisions regarding electronic records and signatures as set forth in United
4.6States Code, title 15, section 7001; or
4.7(c) substitute notice, if the state agency government entity demonstrates that the cost
4.8of providing the written notice required by paragraph (a) would exceed $250,000, or
4.9that the affected class of individuals to be notified exceeds 500,000, or the state agency
4.10 government entity does not have sufficient contact information. Substitute notice consists
4.11of all of the following:
4.12(i) e-mail notice if the state agency government entity has an e-mail address for
4.13the affected individuals;
4.14(ii) conspicuous posting of the notice on the Web site page of the state agency
4.15 government entity, if the state agency government entity maintains a Web site; and
4.16(iii) notification to major media outlets that reach the general public within the
4.17government entity's jurisdiction.
4.18    Subd. 5. Coordination with consumer reporting agencies. If the state agency
4.19 government entity discovers circumstances requiring notification under this section of
4.20more than 1,000 individuals at one time, the state agency government entity must also
4.21notify, without unreasonable delay, all consumer reporting agencies that compile and
4.22maintain files on consumers on a nationwide basis, as defined in United States Code, title
4.2315, section 1681a, of the timing, distribution, and content of the notices.
4.24    Subd. 6. Security assessments. At least annually, each government entity shall
4.25conduct a comprehensive security assessment of any personal information maintained
4.26by the government entity. For the purposes of this subdivision, personal information is
4.27defined under section 325E.61, subdivision 1, paragraphs (e) and (f).
4.28EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
4.29security breaches occurring on or after that date.

4.30    Sec. 4. Minnesota Statutes 2012, section 13.09, is amended to read:
4.3113.09 PENALTIES.
4.32(a) Any person who willfully violates the provisions of this chapter or any rules
4.33adopted under this chapter or whose conduct constitutes the knowing unauthorized
5.1acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a
5.2misdemeanor.
5.3(b) Willful violation of this chapter by, including any action subject to a criminal
5.4penalty under paragraph (a), by any public employee constitutes just cause for suspension
5.5without pay or dismissal of the public employee.
5.6EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.7committed on or after that date.

5.8    Sec. 5. Minnesota Statutes 2012, section 299C.40, subdivision 4, is amended to read:
5.9    Subd. 4. Data classification; general rule; changes in classification; audit trail.
5.10(a) The classification of data in the law enforcement agency does not change after the data
5.11is submitted to CIBRS. If CIBRS is the only source of data made public by section 13.82,
5.12subdivisions 2, 3, 6, and 7 , data described in those subdivisions must be downloaded and
5.13made available to the public as required by section 13.03.
5.14(b) Data on individuals created, collected, received, maintained, or disseminated
5.15by CIBRS is classified as confidential data on individuals as defined in section 13.02,
5.16subdivision 3 , and becomes private data on individuals as defined in section 13.02,
5.17subdivision 12 , as provided by this section.
5.18(c) Data not on individuals created, collected, received, maintained, or disseminated
5.19by CIBRS is classified as protected nonpublic data as defined in section 13.02, subdivision
5.2013 , and becomes nonpublic data as defined in section 13.02, subdivision 9, as provided
5.21by this section.
5.22(d) Confidential or protected nonpublic data created, collected, received, maintained,
5.23or disseminated by CIBRS must automatically change classification from confidential
5.24data to private data or from protected nonpublic data to nonpublic data on the earlier of
5.25the following dates:
5.26(1) upon receipt by CIBRS of notice from a law enforcement agency that an
5.27investigation has become inactive; or
5.28(2) when the data has not been updated by the law enforcement agency that
5.29submitted it for a period of 120 days.
5.30(e) For the purposes of this section, an investigation becomes inactive upon the
5.31occurrence of any of the events listed in section 13.82, subdivision 7, clauses (a) to (c).
5.32(f) Ten days before making a data classification change because data has not been
5.33updated, CIBRS must notify the law enforcement agency that submitted the data that a
5.34classification change will be made on the 120th day. The notification must inform the law
5.35enforcement agency that the data will retain its classification as confidential or protected
6.1nonpublic data if the law enforcement agency updates the data or notifies CIBRS that the
6.2investigation is still active before the 120th day. A new 120-day period begins if the data
6.3is updated or if a law enforcement agency notifies CIBRS that an active investigation
6.4is continuing.
6.5(g) A law enforcement agency that submits data to CIBRS must notify CIBRS if an
6.6investigation has become inactive so that the data is classified as private data or nonpublic
6.7data. The law enforcement agency must provide this notice to CIBRS within ten days
6.8after an investigation becomes inactive.
6.9(h) All queries and responses and all actions in which data is submitted to CIBRS,
6.10changes classification, or is disseminated by CIBRS to any law enforcement agency
6.11must be recorded in the CIBRS audit trail.
6.12(i) Notwithstanding paragraphs (b) and (c), the name of each law enforcement
6.13agency that submits data to CIBRS, and a general description of the types of data
6.14submitted by the agency, are public."
6.15Amend the title accordingly