1.1                          A bill for an act 
  1.2             relating to privacy; limiting the release of copies of 
  1.3             videotapes of child abuse victims; authorizing the 
  1.4             requirement of a stipulation and order in certain 
  1.5             cases; amending Minnesota Statutes 1994, sections 
  1.6             13.03, subdivision 6; 13.04, subdivision 3, and by 
  1.7             adding a subdivision; 13.82, subdivision 6; and 
  1.8             144.335, subdivision 2; proposing coding for new law 
  1.9             in Minnesota Statutes, chapter 611A. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 13.03, 
  1.12  subdivision 6, is amended to read: 
  1.13     Subd. 6.  [DISCOVERABILITY OF NOT PUBLIC DATA.] If a state 
  1.14  agency, political subdivision, or statewide system opposes 
  1.15  discovery of government data or release of data pursuant to 
  1.16  court order on the grounds that the data are classified as not 
  1.17  public, the party that seeks access to the data may bring before 
  1.18  the appropriate presiding judicial officer, arbitrator, or 
  1.19  administrative law judge an action to compel discovery or an 
  1.20  action in the nature of an action to compel discovery.  
  1.21     The presiding officer shall first decide whether the data 
  1.22  are discoverable or releasable pursuant to the rules of evidence 
  1.23  and of criminal, civil, or administrative procedure appropriate 
  1.24  to the action.  
  1.25     If the data are discoverable the presiding officer shall 
  1.26  decide whether the benefit to the party seeking access to the 
  1.27  data outweighs any harm to the confidentiality interests of the 
  2.1   agency maintaining the data, or of any person who has provided 
  2.2   the data or who is the subject of the data, or to the privacy 
  2.3   interest of an individual identified in the data.  In making the 
  2.4   decision, the presiding officer shall consider whether notice to 
  2.5   the subject of the data is warranted and, if warranted, what 
  2.6   type of notice must be given.  The presiding officer may fashion 
  2.7   and issue any protective orders necessary to assure proper 
  2.8   handling of the data by the parties.  If the data are a 
  2.9   videotape of a child victim of physical or sexual abuse, the 
  2.10  presiding officer shall also consider the provisions of section 
  2.11  611A.90.  
  2.12     Sec. 2.  Minnesota Statutes 1994, section 13.04, 
  2.13  subdivision 3, is amended to read: 
  2.14     Subd. 3.  [ACCESS TO DATA BY INDIVIDUAL.] Upon request to a 
  2.15  responsible authority, an individual shall be informed whether 
  2.16  the individual is the subject of stored data on individuals, and 
  2.17  whether it is classified as public, private or confidential.  
  2.18  Upon further request, an individual who is the subject of stored 
  2.19  private or public data on individuals shall be shown the data 
  2.20  without any charge and, if desired, shall be informed of the 
  2.21  content and meaning of that data.  After an individual has been 
  2.22  shown the private data and informed of its meaning, the data 
  2.23  need not be disclosed to that individual for six months 
  2.24  thereafter unless a dispute or action pursuant to this section 
  2.25  is pending or additional data on the individual has been 
  2.26  collected or created.  The responsible authority shall provide 
  2.27  copies of the private or public data upon request by the 
  2.28  individual subject of the data, except as provided in 
  2.29  subdivision 6.  The responsible authority may require the 
  2.30  requesting person to pay the actual costs of making, certifying, 
  2.31  and compiling the copies. 
  2.32     The responsible authority shall comply immediately, if 
  2.33  possible, with any request made pursuant to this subdivision, or 
  2.34  within five days of the date of the request, excluding 
  2.35  Saturdays, Sundays and legal holidays, if immediate compliance 
  2.36  is not possible.  If unable to comply with the request within 
  3.1   that time, the responsible authority shall so inform the 
  3.2   individual, and may have an additional five days within which to 
  3.3   comply with the request, excluding Saturdays, Sundays and legal 
  3.4   holidays. 
  3.5      Sec. 3.  Minnesota Statutes 1994, section 13.04, is amended 
  3.6   by adding a subdivision to read: 
  3.7      Subd. 6.  [COPIES OF VIDEOTAPES OF CHILD ABUSE 
  3.8   VICTIMS.] (a) An individual subject of data may not obtain a 
  3.9   copy of a videotape made as part of an investigation or 
  3.10  evaluation of a child victim or alleged victim of physical or 
  3.11  sexual abuse.  The definitions of physical abuse and sexual 
  3.12  abuse in section 626.556, subdivision 2, apply to this 
  3.13  subdivision, except that abuse is not limited to acts by a 
  3.14  person responsible for the child's care or in a significant 
  3.15  relationship with the child or position of authority. 
  3.16     (b) This subdivision does not limit other rights of access 
  3.17  to data by an individual under subdivision 3, other than the 
  3.18  right to obtain a copy of the videotape. 
  3.19     Sec. 4.  Minnesota Statutes 1994, section 13.82, 
  3.20  subdivision 6, is amended to read: 
  3.21     Subd. 6.  [ACCESS TO DATA FOR CRIME VICTIMS.] On receipt of 
  3.22  a written request, the prosecuting authority shall release 
  3.23  investigative data collected by a law enforcement agency to the 
  3.24  victim of a criminal act or alleged criminal act or to the 
  3.25  victim's legal representative unless the release to the 
  3.26  individual subject of the data would be prohibited under section 
  3.27  13.04, subdivision 6, or the prosecuting authority reasonably 
  3.28  believes:  
  3.29     (a) that the release of that data will interfere with the 
  3.30  investigation; or 
  3.31     (b) that the request is prompted by a desire on the part of 
  3.32  the requester to engage in unlawful activities.  
  3.33     Sec. 5.  Minnesota Statutes 1994, section 144.335, 
  3.34  subdivision 2, is amended to read: 
  3.35     Subd. 2.  [PATIENT ACCESS.] (a) Upon request, a provider 
  3.36  shall supply to a patient complete and current information 
  4.1   possessed by that provider concerning any diagnosis, treatment 
  4.2   and prognosis of the patient in terms and language the patient 
  4.3   can reasonably be expected to understand. 
  4.4      (b) Except as provided in paragraph (e), upon a patient's 
  4.5   written request, a provider, at a reasonable cost to the 
  4.6   patient, shall promptly furnish to the patient (1) copies of the 
  4.7   patient's health record, including but not limited to laboratory 
  4.8   reports, X-rays, prescriptions, and other technical information 
  4.9   used in assessing the patient's health condition, or (2) the 
  4.10  pertinent portion of the record relating to a condition 
  4.11  specified by the patient.  With the consent of the patient, the 
  4.12  provider may instead furnish only a summary of the record.  The 
  4.13  provider may exclude from the health record written speculations 
  4.14  about the patient's health condition, except that all 
  4.15  information necessary for the patient's informed consent must be 
  4.16  provided. 
  4.17     (c) If a provider, as defined in subdivision 1, clause 
  4.18  (b)(1), reasonably determines that the information is 
  4.19  detrimental to the physical or mental health of the patient, or 
  4.20  is likely to cause the patient to inflict self harm, or to harm 
  4.21  another, the provider may withhold the information from the 
  4.22  patient and may supply the information to an appropriate third 
  4.23  party or to another provider, as defined in subdivision 1, 
  4.24  clause (b)(1).  The other provider or third party may release 
  4.25  the information to the patient. 
  4.26     (d) A provider as defined in subdivision 1, clause (b)(3), 
  4.27  shall release information upon written request unless, prior to 
  4.28  the request, a provider as defined in subdivision 1, clause 
  4.29  (b)(1), has designated and described a specific basis for 
  4.30  withholding the information as authorized by paragraph (c). 
  4.31     (e) A provider may condition the release of a copy of a 
  4.32  videotape of a child victim of physical or sexual abuse on the 
  4.33  execution of a stipulation and order, as provided in section 
  4.34  611A.90. 
  4.35     Sec. 6.  [611A.90] [RELEASE OF VIDEOTAPES OF CHILD ABUSE 
  4.36  VICTIMS.] 
  5.1      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  5.2   "physical abuse" and "sexual abuse" have the meanings given in 
  5.3   section 626.556, subdivision 2, except that abuse is not limited 
  5.4   to acts by a person responsible for the child's care or in a 
  5.5   significant relationship with the child or position of authority.
  5.6      Subd. 2.  [STIPULATION AND ORDER MAY BE REQUIRED.] A person 
  5.7   who makes or requested the making of a videotape of a child 
  5.8   victim or alleged victim of physical or sexual abuse as part of 
  5.9   an investigation or evaluation of the abuse may condition the 
  5.10  release of a copy of the videotape on the execution of a 
  5.11  stipulation and court order.  The stipulation and order may 
  5.12  govern the purposes for which the videotape may be used, release 
  5.13  to other persons, retention and return of copies, and other 
  5.14  requirements reasonably necessary for protection of the privacy 
  5.15  and best interests of the child.