Key: (1) language to be deleted (2) new language
CHAPTER 172-S.F.No. 324 An act relating to human rights; reclassifying certain investigative data; amending Minnesota Statutes 1996, section 363.061, subdivisions 2 and 3. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1996, section 363.061, subdivision 2, is amended to read: Subd. 2. [ACCESS TO OPEN FILES.] (a) Except as otherwise provided in this subdivision, human rights investigative dataonan individual, with the exception of the name and address of thecharging party and respondent, factual basis of the allegations,and the statute under which the action is brought,contained in an open case fileis classified asare confidential data on individuals or protected nonpublic data. The name and address of the charging party and respondent, factual basis of the allegations, and the statute under which the action is brought areclassified as private data until seven working days afterthe commissioner has mailed a copy of the charge to therespondent, at which time the data become public, unless thecommissioner determines that release of the data would bedetrimental to the investigative and enforcement processprivate data on individuals or nonpublic data but are accessible to the charging party and the respondent. (b)Human rights investigative data not on an individualcontained in an open case file is classified as protectednonpublic data.(c) Notwithstanding this subdivision,After making a finding of probable cause, the commissioner may make human rights investigative data contained in an open case file accessible to a person, government agency, or the public if access will aid the investigative and enforcement process. Sec. 2. Minnesota Statutes 1996, section 363.061, subdivision 3, is amended to read: Subd. 3. [ACCESS TO CLOSED FILES.] (a) Except as otherwise provided in this subdivision, human rights investigative dataonan individualcontained in a closed case fileis classified asare private, with the exception of the following documents:data on individuals or nonpublic data. The name and address of the charging party and respondent, factual basis of the allegations,andthe statute under which the action is brought, the part of the summary of the investigation that does not contain identifying data onan individuala person other than the complainant or respondent, and the commissioner's memorandum determining whether probable cause has been shown are public data. (b)Human rights investigative data not on an individualcontained in a closed case file is classified as nonpublic.(c) Notwithstanding this subdivision,The commissioner may make human rights investigative data contained in a closed case file inaccessible to the charging party or the respondent in order to protect medical or other security interests of the parties or third persons. Presented to the governor May 17, 1997 Signed by the governor May 19, 1997, 7:07 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes