“Traveling” criminal intelligence data

Law Enforcement Data From Other Jurisdictions
Over the past several years, the Minnesota Legislature has considered how to deal with the proposed category of “criminal intelligence data.” Such data is “suspicious incident” data (but not criminal investigative data) that law enforcement agencies wish to privately collect and maintain. Under current Minnesota law, most law enforcement incident data is public, while investigative data is “not public.”

Part of the data flowing to Minnesota law enforcement agencies through joint terrorism task forces is criminal intelligence data. Such data is coming from the FBI and other out-of-state entities. Civil libertarian concerns have been raised about the quality and content of this intelligence data, and the ways in which it might be used to profile or harass innocent individuals. Law enforcement concerns have been raised about the inability of agencies to keep such data private under Minnesota law, thus complicating data sharing with out-of-state police entities.

Data classification prior to Session
Minnesota law does not currently have a separate classification for “criminal intelligence data.”

Procedural history
Unlike in recent years, no comprehensive criminal intelligence bill was brought forth during the bulk of the Session. However, a provision regarding data from other jurisdictions was introduced as an amendment to HF 695, the House Data Practices Omnibus bill. MNCOGI testified against it on the grounds that it purported to classify a body of data maintained by Minnesota government entities as being outside of the MGDPA. The content of the amendment was later introduced as a stand-alone bill (HF 1364) in the House after the policy deadline for bills had passed. MNCOGI opposed the stand-alone bill, and the proposed bill was ultimately withdrawn.

No final action by the Legislature.

Proposed amendment to HF 695
• HF 1364
MNCOGI draft of traveling data bill
Board-approved language (1st draft)
Final circulated draft