Portable recording system data on certain elected official public made.

A bill for an act

relating to data practices; making portable recording system data on certain elected

officials public; amending Minnesota Statutes 2024, section 13.825, subdivision

2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 13.825, subdivision 2, is amended to read:

Subd. 2.

Data classification; court-authorized disclosure.

(a) Data collected by a

portable recording system are private data on individuals or nonpublic data, subject to the

following:

(1) data that record, describe, or otherwise document actions and circumstances

surrounding either the discharge of a firearm by a peace officer in the course of duty, if a

notice is required under section
626.553, subdivision 2
, or the use of force by a peace officer

that results in substantial bodily harm, as defined in section
609.02
, subdivision 7a, are

public;

(2) data are public if a subject of the data requests it be made accessible to the public,

except that, if practicable, (i) data on a subject who is not a peace officer and who does not

consent to the release must be redacted, and (ii) data on a peace officer whose identity is

protected under section
13.82, subdivision 17
, clause (a), must be redacted;

(3) subject to paragraphs (b) to
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(d)
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(e)
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, portable recording system data that are active

criminal investigative data are governed by section
13.82, subdivision 7
, and portable

recording system data that are inactive criminal investigative data are governed by this

section;

(4) portable recording system data that are public personnel data under section
13.43,

subdivision 2
, clause (5), are public; and

(5) data that are not public data under other provisions of this chapter retain that

classification.

(b) Notwithstanding section
13.82, subdivision 7
, when an individual dies as a result of

a use of force by a peace officer, an involved officer's law enforcement agency must allow

the following individuals, upon their request, to inspect all portable recording system data,

redacted no more than what is required by law, documenting the incident within five days

of the request, subject to paragraphs (c) and (d):

(1) the deceased individual's next of kin;

(2) the legal representative of the deceased individual's next of kin; and

(3) the other parent of the deceased individual's child.

(c) A law enforcement agency may deny a request to inspect portable recording system

data under paragraph (b) if the agency determines that there is a compelling reason that

inspection would interfere with an active investigation. If the agency denies access under

this paragraph, the chief law enforcement officer must provide a prompt, written denial to

the individual in paragraph (b) who requested the data with a short description of the

compelling reason access was denied and must provide notice that relief may be sought

from the district court pursuant to section
13.82, subdivision 7
.

(d) When an individual dies as a result of a use of force by a peace officer, an involved

officer's law enforcement agency shall release all portable recording system data, redacted

no more than what is required by law, documenting the incident no later than 14 days after

the incident, unless the chief law enforcement officer asserts in writing that the public

classification would interfere with an ongoing investigation, in which case the data remain

classified by section
13.82, subdivision 7
.

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(e) Notwithstanding section 13.82, subdivision 7, portable recording system data on a

data subject who is an elected official and charged with a felony is public data 14 days after

a criminal complaint is filed.

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(e)
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(f)
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A law enforcement agency may redact or withhold access to portions of data that

are public under this subdivision if those portions of data are clearly offensive to common

sensibilities.

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(f)
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(g)
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Section
13.04, subdivision 2
, does not apply to collection of data classified by

this subdivision.

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(g)
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(h)
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Any person may bring an action in the district court located in the county where

portable recording system data are being maintained to authorize disclosure of data that are

private or nonpublic under this section or to challenge a determination under paragraph
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(e)
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(f)
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to redact or withhold access to portions of data because the data are clearly offensive to

common sensibilities. The person bringing the action must give notice of the action to the

law enforcement agency and subjects of the data, if known. The law enforcement agency

must give notice to other subjects of the data, if known, who did not receive the notice from

the person bringing the action. The court may order that all or part of the data be released

to the public or to the person bringing the action. In making this determination, the court

shall consider whether the benefit to the person bringing the action or to the public outweighs

any harm to the public, to the law enforcement agency, or to a subject of the data and, if

the action is challenging a determination under paragraph
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(e)
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(f)
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, whether the data are clearly

offensive to common sensibilities. The data in dispute must be examined by the court in

camera. This paragraph does not affect the right of a defendant in a criminal proceeding to

obtain access to portable recording system data under the Rules of Criminal Procedure.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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