1.1.................... moves to amend H.F. No. 1082, the fourth engrossment, as follows:
1.2Page 46, after line 33, insert:
1.4PUBLIC SAFETY OFFICER DATA
1.5 Section 1.
[13.807] PUBLIC SAFETY OFFICER DATA; PERSONAL
1.6INFORMATION.
1.7(a) Subject to paragraph (b), the personal information of all public safety officers
1.8collected, created, or maintained by a government entity is private data on individuals.
For
1.9purposes of this section, the terms "personal information" and "public safety officer"
have
1.10the meanings given in section 626.97, subdivision 1.
1.11(b) If the responsible authority or government entity violates this chapter, the remedies
1.12and penalties under this chapter are available only if the public safety officer making
a claim
1.13previously provided written notification to the responsible authority confirming on
a form
1.14provided by the commissioner of the Department of Public Safety that they are entitled
to
1.15protection under section 626.97. If the subject of the data is an adult child of a
public safety
1.16officer who does not reside with the public safety officer, the remedies and penalties
under
1.17this chapter are available only if the adult child previously provided written notification
to
1.18the responsible authority confirming their status as the child of a public safety
officer. In
1.19the case of county records, the form shall be filed with the responsible authority
that maintains
1.20the personal information for which the public safety officer is seeking protection.
A form
1.21submitted under this section is private data on individuals. A notice filed under
this paragraph
1.22expires five years following the date of filing, unless it is renewed prior to the
expiration
1.23date.
1.24(c) This section shall not apply to personal information contained in:
2.1(1) real property records as defined in section 13.045, subdivision 1, clause (5);
2.2(2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;
2.3and
2.4(3) any other records maintained by a government entity evidencing title to, or any
lien,
2.5judgment, or other encumbrance on, real or personal property.
2.6EFFECTIVE DATE.This section is effective August 1, 2026.
2.7 Sec. 2. Minnesota Statutes 2024, section 609.5151, is amended to read:
2.8609.5151 DISSEMINATION OF PERSONAL INFORMATION ABOUT LAW
2.9ENFORCEMENT CERTAIN PERSONS INVOLVED IN PUBLIC SAFETY
2.10PROHIBITED; PENALTY.
2.11 Subdivision 1.
Definitions. As used in this section:
2.12(1)
"correctional officer" has the meaning given in section 241.026, subdivision 1,
2.13paragraph (b);
2.14(2) "family or household member" has the meaning given in section
518B.01, subdivision
2.152;
2.16(2) (3) "law enforcement official" means both peace officers as defined in section
626.84,
2.17subdivision 1, and persons employed by a law enforcement agency;
and
2.18(3) (4) "personal information" means a home telephone number, personal cell number,
2.19personal email address, name of the official's minor child, photographs of the official's
2.20minor child, home address, directions to a home, or photographs of a home
; and
2.21(5) "public safety official" means a correctional officer or a law enforcement official.
2.22 Subd. 2.
Crime described. (a) It is a misdemeanor for a person to knowingly and without
2.23consent make publicly available, including but not limited to through the Internet,
personal
2.24information about a
law enforcement public safety official or an official's family or household
2.25member, if:
2.26(1) the public availability of information poses an imminent and serious threat to
the
2.27official's safety or the safety of an official's family or household member; and
2.28(2) the person making the information publicly available knows or reasonably should
2.29know of the imminent and serious threat.
2.30(b)
A person who is convicted of a second or subsequent violation of this section is
2.31guilty of a gross misdemeanor.
3.1(c) A person is guilty of a
gross misdemeanor felony if the person violates paragraph
3.2(a) and a
law enforcement public safety official or an official's family or household member
3.3suffers great bodily harm or death as a result of the violation.
3.4(c) A person who is convicted of a second or subsequent violation of this section
is guilty
3.5of a gross misdemeanor.
3.6EFFECTIVE DATE.This section is effective August 1, 2026, and applies to crimes
3.7committed on or after that date.
3.8 Sec. 3.
[626.97] PERSONAL INFORMATION; DISSEMINATION.
3.9 Subdivision 1. Definitions. (a) For purposes of this section and section 626.971, the
3.10following terms have the meanings given.
3.11(b) "Correctional officer" has the meaning given in section 241.026, subdivision 1,
3.12paragraph (b).
3.13(c) "Law enforcement support organizations" do not include charitable organizations.
3.14(d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
3.15(c).
3.16(e) "Personal information" does not include publicly available information. Personal
3.17information means:
3.18(1) a residential address of a public safety officer;
3.19(2) a residential address of the spouse, domestic partner, or children of a public
safety
3.20officer;
3.21(3) a nonemployer-issued telephone number or email address of a public safety officer;
3.22(4) the name of any child of a public safety officer;
3.23(5) the name of any child care facility or school that is attended by a child of a
public
3.24safety officer if combined with an assertion that the named facility or school is
attended by
3.25the child of a public safety officer; and
3.26(6) data about a public safety officer that is classified as private data on individuals
under
3.27section 13.43, subdivision 5, including but not limited to the officer's name.
3.28(f) "Public safety officer" means a peace officer, a correctional officer, a former
peace
3.29officer, or a former correctional officer.
4.1(g) "Publicly available information" means information that is lawfully made available
4.2through federal, state, or local government records or information that a business
has a
4.3reasonable basis to believe is lawfully made available to the general public through
widely
4.4distributed media, by a public safety officer, or by a person to whom the public safety
officer
4.5has disclosed the information, unless the public safety officer has restricted the
information
4.6to a specific audience.
4.7 Subd. 2. Dissemination of personal information. Subject to the exceptions in
4.8subdivision 3 and the requirements of section 626.971, no person, business, association,
or
4.9government entity shall knowingly publicly post, display, publish, sell, or otherwise
make
4.10available on the Internet the personal information of any public safety officer. Personal
4.11information shall be kept in a secure manner to prevent unauthorized access. Personal
4.12information may be disseminated pursuant to a specific authorization in law, rule,
or with
4.13the written consent of the public safety officer.
4.14 Subd. 3. Exceptions. Subdivision 2 does not apply to:
4.15(1) the dissemination of personal information if the information is relevant to and
4.16displayed as part of a news story, commentary, editorial, or other speech on a matter
of
4.17public concern;
4.18(2) personal information that the public safety officer voluntarily disseminates publicly
4.19after August 1, 2026;
4.20(3) the dissemination of personal information made at the request of the public safety
4.21officer or that is necessary to effectuate the request of a public safety officer;
4.22(4) a commercial entity using personal information internally, providing access to
4.23businesses under common ownership or affiliated by corporate control, or selling or
providing
4.24data for a transaction or service requested by or concerning the individual whose
personal
4.25information is being transferred;
4.26(5) a commercial entity providing publicly available information through real-time
or
4.27near real-time alert services for health or safety purposes;
4.28(6) a commercial entity engaged in the collection, maintenance, disclosure, sale,
4.29communication, or use of any personal information bearing on a consumer's credit worthiness,
4.30credit standing, credit capacity, character, general reputation, personal characteristics,
or
4.31mode of living by a consumer reporting agency, furnisher, or user that provides information
4.32for use in a consumer report, and by a user of a consumer report, but only to the
extent that
5.1such activity is regulated by and authorized under the federal Fair Credit Reporting
Act,
5.2United States Code, title 15, section 1681, et seq.;
5.3(7) a consumer reporting agency subject to the federal Fair Credit Reporting Act,
United
5.4States Code, title 15, section 1681, et seq.;
5.5(8) a commercial entity using personal information collected, processed, sold, or
disclosed
5.6in compliance with the federal Driver's Privacy Protection Act of 1994, United States
Code,
5.7title 18, section 2721, et seq.;
5.8(9) a commercial entity using personal information to prevent, detect, protect against,
5.9or respond to security incidents, identity theft, fraud, harassment, malicious or
deceptive
5.10activities, or any illegal activity; preserve the integrity or security of systems;
or investigate,
5.11report, or prosecute any person responsible for any such action;
5.12(10) a financial institution, affiliate of a financial institution, or data subject
to title V
5.13of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801,
et seq.;
5.14(11) a covered entity or business associate for purposes of the federal privacy regulations
5.15promulgated under the federal Health Insurance Portability and Accountability Act
of 1996,
5.16specifically United States Code, title 42, section 1320d-2 note;
5.17(12) insurance and insurance support organizations;
5.18(13) law enforcement agencies or law enforcement support organizations and vendors
5.19that provide data support services to law enforcement agencies;
5.20(14) the collection and sale or licensing of covered information incidental to conducting
5.21the activities described in clauses (4) to (13); and
5.22(15) personal information contained in:
5.23(i) real property records as defined in section 13.045, subdivision 1, clause (5);
5.24(ii) uniform commercial code filings and tax liens maintained by the secretary of
state;
5.25and
5.26(iii) any other records maintained by a government entity evidencing title to, or
any lien,
5.27judgment, or other encumbrance on, real or personal property.
5.28EFFECTIVE DATE.This section is effective August 1, 2026.
5.29 Sec. 4.
[626.971] REMOVAL OF PERSONAL INFORMATION.
5.30 Subdivision 1. Internet dissemination. If personal information about a public safety
5.31officer is publicly posted to the Internet by a person, business, association, or
government
6.1entity, the public safety officer may submit a sworn affidavit to the person, business,
6.2association, or government entity requesting that the publicly posted personal information
6.3be removed. The affidavit shall:
6.4(1) state that the individual whose information was disseminated is a public safety
officer
6.5as defined in section 626.97;
6.6(2) describe with specificity the personal information that the public safety officer
seeks
6.7to remove; and
6.8(3) state the name of the publication, website, or otherwise identify where the public
6.9safety officer's personal information is available to the public.
6.10 Subd. 2. Removal of personal information; exception. (a) Upon receipt of an affidavit
6.11requesting removal of the personal information of a public safety officer that meets
the
6.12requirements of subdivision 1, the person, business, association, or government entity
shall
6.13remove the publicly posted personal information within 30 days. If the person, business,
6.14association, or government entity fails to remove the publicly posted personal information
6.15within 30 days after an affidavit is submitted, the public safety officer may file
a civil action
6.16in a court of competent jurisdiction seeking a court order compelling compliance,
including
6.17injunctive and declarative relief.
6.18(b) Paragraph (a) shall not apply to personal information contained in:
6.19(1) real property records as defined in section
13.045, subdivision 1, clause (5);
6.20(2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;
6.21and
6.22(3) any other records maintained by a government entity evidencing title to, or any
lien,
6.23judgment, or other encumbrance on, real or personal property.
6.24 Subd. 3. Penalties and damages. If a person, business, association, or government entity
6.25knowingly violates an order granting injunctive or declarative relief, the court issuing
the
6.26order may award to the public safety officer an amount equal to the actual damages
sustained
6.27by the public safety officer, and court costs and reasonable attorney fees.
6.28EFFECTIVE DATE.This section is effective August 1, 2026."
6.29Amend the title accordingly