Minnesota HF 474: Automated license plate reader data classified, log of use required, and data required to be destroyed.

Bill Text

HF474 UNOFFICIAL ENGROSSMENT REVISOR RC UEH0474-2
A bill for an act1.1
relating to data practices; classifying data related to automated license plate1.2
readers; requiring a log of use; requiring data to be destroyed in certain1.3
circumstances; requiring an inventory of surveillance technology; amending1.4
Minnesota Statutes 2012, section 13.82, by adding a subdivision; proposing1.5
coding for new law in Minnesota Statutes, chapter 13.1.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.7
Section 1. [13.026] INVENTORY OF SURVEILLANCE TECHNOLOGY.1.8
Subdivision 1. Inventory required. The responsible authority of a government1.9
entity shall prepare and update an inventory of surveillance technology maintained or1.10
used by the government entity. For purposes of this section, "surveillance technology"1.11
means technology that:1.12
(1) can be used to track the location, personal characteristics, or activities of an1.13
individual or the property of an individual; or1.14
(2) is a powered, aerial vehicle that does not carry a human operator; can fly1.15
autonomously or be piloted remotely; and can be expendable or recoverable.1.16
Subd. 2. Report. By January 15 of each year, a government entity shall submit1.17
a report to the legislature that includes an inventory of all surveillance technologies1.18
maintainedorusedbythegovernmententityduringthepreviouscalendaryearandanynew1.19
surveillance technology that the government entity may maintain or use during the current1.20
calendar year. The report must be submitted to the chairs and ranking minority members1.21
of the policy committees of the legislature with jurisdiction over data practices issues.1.22
Sec. 2. Minnesota Statutes 2012, section 13.82, is amended by adding a subdivision to1.23
read:1.24
Sec. 2. 1

HF474 UNOFFICIAL ENGROSSMENT REVISOR RC UEH0474-2
Subd. 31. Automated license plate reader. (a) As used in this subdivision,2.1
"automated license plate reader" means an electronic device mounted on a law2.2
enforcement vehicle or positioned in a stationary location that is capable of recording data2.3
on, or taking a photograph of, a vehicle or its license plate and comparing the collected2.4
data and photographs to existing law enforcement databases for investigative purposes.2.5
(b) Data collected by an automated license plate reader are confidential data2.6
on individuals or protected nonpublic data if the data are or become active criminal2.7
investigative data.2.8
(c) The following data collected by an automated license plate reader that are not2.9
classified under paragraph (b) are private data on individuals or nonpublic data:2.10
(1) license plate numbers;2.11
(2) date, time, and location data on vehicles; and2.12
(3) pictures of license plates, vehicles, and areas surrounding the vehicles.2.13
(d) Notwithstanding section 138.17, data collected by an automated license plate2.14
reader must be destroyed:2.15
(1)90daysfromthetimeofcollection,ifthedataareclassifiedunderparagraph(c);or2.16
(2) upon request of a program participant under chapter 5B, at the time of collection2.17
or upon receipt of the request, whichever occurs later, unless the data are classified under2.18
paragraph (b).2.19
Dataonarequestofaprogramparticipantunderclause(2)areprivatedataonindividuals.2.20
If data collected by an automated license plate reader are shared with another law2.21
enforcement agency, the agency that receives the data must comply with the data2.22
destruction requirements of this paragraph.2.23
(e) A law enforcement agency that installs or uses an automated license plate reader2.24
must maintain a log of its use, including:2.25
(1) specific times of day that the reader actively collected data;2.26
(2) the aggregate number of vehicles or license plates on which data are collected2.27
for each period of active use; and2.28
(3) for a reader at a stationary location, the location at which the reader actively2.29
collected data.2.30
Data in a log required under this paragraph are public.2.31
(f) In addition to the log required under paragraph (e), the law enforcement agency2.32
must maintain records showing the date the data were collected and whether the data are2.33
classified under paragraph (b) or (c). The Department of Public Safety shall conduct2.34
a biennial audit of the records to determine whether data currently in the records are2.35
classified and destroyed as required under this subdivision and to verify compliance with2.36
Sec. 2. 2

HF474 UNOFFICIAL ENGROSSMENT REVISOR RC UEH0474-2
paragraph (g). Data in the records required under this paragraph are classified as provided3.1
in paragraph (b) or (c). Summary results of the audit are public.3.2
(g) A law enforcement agency must comply with sections 13.05, subdivision 5, and3.3
13.055 in the operation of automated license plate readers and access to the data. The3.4
responsible authority for a law enforcement agency must establish written procedures to3.5
ensurethatlawenforcementperso