IPAD Government Data Practices/Open Meetings Policy Bill

The purpose of IPADs policy bill is to make changes that promote clarity, readability, and an overall better understanding of government data practices (Minnesota Statutes, chapter 13) and open meetings (Minnesota Statutes, chapter 13D).

Changes to person and individual

Amends the definition of individual from a natural person to a living human being Amends definition of person to include a government entity Corrects references to person or individual to reflect each applicable definition

Responsible Authority (RA)

Amends the definition of RA to clarify that the chair of a political subdivisions governing body is the RA, if one is not designated

Summary Data
Amends definition of summary data to include all not public data and clarifies that summary data are not derived solely from public data Incorporates current administrative rules on summary data into statute

Government Entity Obligations

Places a government entitys obligations of creating data practices policies and a data inventory into one statute section Removes a mandate that public access procedures be updated every year by August 1

Requests for Data

Provides that a government entity is not required to respond to a public data request if it has provided copies of the same data to the requestor within the last 6 months to mirror the current exception for data subjects

GIS Data Sharing

Provides that geospatial data can be shared at no cost or liability between government entities, eliminating the need for agreements to be negotiated and entered into between government entities

IPAD Legislative Stakeholder Meeting December 12, 2011

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Judicial Branch Traveling Data

Clarifies the provision relating to data that travel from the judicial branch to government entities, requiring a government entity to maintain the data as classified by state or federal law if a specific classification exists

Data Challenge Appeals

Clarifies that an RA must make a written determination on a data challenge Clarifies that a data subject cannot challenge an entitys policy, procedure or process, or challenge data about someone else Allows the Commissioner to maintain data submitted as part of the appeal classified in the same manner as they are classified at the government entity

Tennessen Warning
Allows compliance with a previously unknown law without requiring a separate informed consent from each individual data subject Requires a government entity to make a reasonable attempt to alert the data subject about the new use of data

Security Information
Requires a written determination by the RA about security information and requires a short description explaining the necessity for classifying the data as security information

Civil Investigative Data

Provides that the civil investigative data provisions do not apply when the sole issue or dispute is a government entitys timeliness in responding to a data request

Personnel Data
Clarifies that the personnel data section applies to current or former government entity employees Excludes elected officials, except for constitutional officers, from the personnel data section Makes technical changes to incorporate all individuals covered by the personnel data section (e.g. changes employee to individual subject to this section) Classifies as private, identities of individuals who complain about individuals subject to the personnel data section Removes elected officials from the public official definition to make that definition consistent with excluding all elected officials from the personnel data section Excludes candidates for elected office from the applicant data subdivision

IPAD Legislative Stakeholder Meeting December 12, 2011

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Welfare Investigative Data

Clarifies that the exception to disclosure for preparation of a defense must be through the rules of discovery

Applicants for Appointment

Adds the following to the list of public data about applicants for appointment to a public body: first and last dates of service, existence and status of complaints about an appointee, and final investigative report upon completion of an investigation of a complaint against an appointee Adds a section to classify as private, the identities of individuals who complain about appointees

Inactive Financial Transaction Investigative Data

Classifies inactive criminal investigative data related to a persons financial accounts as not public

Open Meeting Law

Clarifies that the web posting requirement for state-wide bodies meeting by telephone or other electronic means is 10 days prior to any regular meeting

IPAD Legislative Stakeholder Meeting December 12, 2011

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