A bill for an act
relating to judiciary; designating certain personal information of justices, judges,
and judicial staff as private data on individuals; restricting dissemination of personal
information; providing a penalty; proposing coding for new law in Minnesota
Statutes, chapters 13; 480; 609.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) Subject to paragraph (b), the personal information of all judicial officials collected,
created, or maintained by a government entity is private data on individuals. For purposes
of this section, the terms "personal information" and "judicial official" have the meanings
given in section 480.40, subdivision 1.
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(b) If the responsible authority or government entity violates this chapter, the individual
remedies in section 13.08 are available only if the judicial official making a claim previously
provided written notification to the responsible authority or government entity confirming
their status as a judicial official on a form provided by the Minnesota judicial branch.
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This section is effective August 1, 2024.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Judicial official" means:
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(1) every Minnesota district court judge, senior judge, retired judge, and every judge of
the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge
who resides in Minnesota;
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(2) a justice of the Minnesota Supreme Court; and
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(3) employees of the Minnesota judicial branch.
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(c) "Personal information" means:
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(1) the residential address of a judicial official;
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(2) the residential address of the spouse, domestic partner, or children of a judicial
official;
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(3) a nonjudicial branch issued telephone number or email address of a judicial official;
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(4) the name of any child of a judicial official; and
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(5) the name of any child care facility or school that is attended by a child of a judicial
official if combined with an assertion that the named facility or school is attended by the
child of a judicial official.
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Subject to the exceptions in
subdivision 3, no person, business, association, or government entity shall publicly post,
display, publish, sell, or otherwise make available on the Internet the personal information
of any judicial official. Personal information shall be kept in a secure manner to prevent
unauthorized access. Personal information may be disseminated pursuant to a specific
authorization in law, rule, or with the written consent of the judicial official.
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Subdivision 2 does not apply to:
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(1) the dissemination of personal information if the information is relevant to and
displayed as part of a news story, commentary, editorial, or other speech on a matter of
public concern;
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(2) personal information that the judicial official voluntarily disseminates publicly after
the date of enactment of this section; and
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(3) the dissemination of personal information made at the request of the judicial official
or which is necessary to effectuate the request of a judicial official.
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This section is effective August 1, 2024.
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If personal information about a judicial official
is posted to the Internet by a person, business, association, or government entity, the judicial
official may submit a sworn affidavit to the person, business, association, or government
entity requesting that the personal information be removed. The affidavit shall:
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(1) state that the individual whose information was disseminated is a judicial official as
defined in section 480.40;
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(2) describe with specificity the personal information that the judicial official seeks to
remove; and
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(3) state the name of the publication, website, or otherwise identify where the judicial
official's personal information is available to the public.
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Upon receipt of an affidavit requesting
removal of the personal information of a judicial official, the person, business, association,
or government entity shall not disclose the personal information to anyone not specifically
authorized by law to view the information, unless disclosure is specifically authorized in
writing by the judicial official. If the person, business, association, or government entity
fails to remove the personal information within 30 days after an affidavit is submitted, the
judicial official may seek a court order compelling compliance, including injunctive relief.
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This section is effective August 1, 2024.
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For the purposes of this section, the terms "personal
information" and "judicial official" have the meanings given in section 480.40, subdivision
1.
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It is unlawful to knowingly publish the personal information
of any judicial official in any publicly available publication, website, or media with the
intent to threaten, intimidate, harass, or physically injure. A person convicted of violating
this subdivision is guilty of a misdemeanor.