Purpose of the Bill

The purpose of this bill is to amend Minnesota's data practices laws to improve public access to government data, adjust fees associated with data requests, implement a fee waiver process, and enhance the management and retention of public records.

Main Provisions

• Public Data Access: Individuals are allowed to inspect and copy government data without charge unless copies are printed by the government entity. For electronic data, remote access is included under "inspection," but a fee may be charged if the data access is enhanced upon request.

• Fee Waivers: A new provision allows individuals to apply for a waiver of fees associated with data requests. State agencies must consider if the data requested is of public interest and is not being sought for commercial purposes when evaluating these requests.

• Compliance and Enforcement: Individuals can take legal action to enforce their rights to access data. Courts may impose a civil penalty of up to $1,000 on government entities failing to comply with the data practices regulations.

• Record Management: Government officials must establish programs for managing records efficiently, digitize communications, and preserve records for at least 25 years. The Records Disposition Panel can determine how long records should be kept and whether they can be destroyed.

Significant Changes

• Fee Structure: The bill clarifies that fees may not be assessed for data inspection but allows for reasonable charges for enhanced remote access and additional development costs for data with commercial value.

• Data Request Fulfillment: State agencies must fulfill data requests within 30 days, or provide a written explanation for delays. This aims to improve transparency and accountability in processing public data requests.

• Record Retention: The bill mandates longer retention periods for certain types of records, with digital correspondence required to be preserved for a minimum of 25 years, ensuring better documentation and accessibility over time.

Relevant Terms

• Public Data Access
• Fee Waiver
• Remote Access
• Compliance Penalty
• Record Retention
• Records Disposition Panel
• Data Practices Act