Purpose

• To change how data practices complaints are filed and processed, specifically focusing on the filing fee and the procedures for bringing a complaint under Minnesota’s data practices laws.

Main Provisions

• Complaint filing window
  • A complaint alleging a violation of this chapter may be filed with the data practices office within two years after the act or failure to act.
  • If the act or failure to act involves concealment or misrepresentation by the government entity that could not be discovered during that period, the complaint may be filed within one year after the concealment or misrepresentation is discovered.
• Complaint requirements
  • The complaint must be in writing, filed under oath, and detail the factual basis for the claim that a violation occurred.
  • The office may require a standard form for the complaint.
  • The complaint must be accompanied by a filing fee of 1000 200 or a bond to guarantee payment of this fee (the text presents this amount as written; the exact amount may be clarified in the final bill).
• Notice and service
  • Upon receipt, the office must notify the respondent and, if known, the applicable responsible authority for the government entity.
  • The respondent must be given a copy of the complaint by the most expeditious means available; notice to the responsible authority should be delivered by certified mail.
  • The office must also notify to the extent practicable any individual or entity that is the subject of all or part of the data in dispute.
• Oversight and refunds
  • The office must notify the commissioner of administration of an action filed under this section.
  • If a request for an opinion from the commissioner was accepted before the complaint was filed, the proceedings may be dismissed and the complainant’s filing fee refunded.
• Response and timelines
  • The respondent must file a response within 15 business days of receipt of the notice.
  • For good cause, the office may extend the filing deadline for the response.

Significant Changes to Existing Law

• Filing fee structure
  • The bill modifies the requirement for a filing fee in data practices complaints, including a specified fee amount or a bond to guarantee payment, which represents a change from prior practice.
• Process and timing updates
  • Adds clear timeframes for filing, responding, and possible extensions, along with explicit notice requirements to respondents, responsible authorities, and data subjects.
• Interaction with other procedures
  • Clarifies that an action to compel compliance does not follow procedures in other sections (1304.4 or 4a), keeping the process within this data practices framework.
• Remedies and refunds
  • Introduces the possibility of dismissing the case and refunding the filing fee if an opinion request from the commissioner has already been accepted.

Key Terms from the Bill (for clarity and search relevance)

• data practices
• complaints
• office
• order to compel compliance
• act or failure to act
• concealment
• misrepresentation
• government entity
• responsible authority
• commissioner of administration
• data in dispute
• standard form
• filing fee
• bond
• respondent
• certified mail
• notice
• extent practicable
• 13072
• 13085 subdivision 2
• business days
• good cause
• extension

Relevant Terms - data practices, complaints, office, respondent, government entity, responsible authority, commissioner of administration, data in dispute, filing fee, bond, notice, certified mail, concealment, misrepresentation, extension, business days, standard form, order to compel compliance, act or failure to act, 13072, 13085 subdivision 2