Proposal to create legislative intelligence commission moves forward

Over the last several years, law enforcement agencies have begun to use new technologies such as license plate readers or cellphone tracking that sweep up vast amounts of data which can then be used to catch and prosecute criminals.

But most of the data gathered as part of this routine collection process involves innocent people simply going about their business.

That can create problems because, as Rep. John Lesch (DFL-St. Paul) told the House Government Operations Committee Tuesday, the data collected is, by default, public under the state’s Data Practices Act.

Rep. John Lesch

It remains public until the Legislature acts to make it private. However, the Legislature usually isn’t consulted before law enforcement begins using a new technology. Police don’t want to detail their crime-fighting plans and explain the new tool they plan to use during a public meeting anyone can take part in.

Lesch said lawmakers only learned of the cellphone tracking and license plate readers after they were in use. So he has come up with a solution, sponsoring HF2602 which was approved by members and referred to the House Ways and Means Committee. It has no Senate companion.

The bill would create the Legislative Commission on Intelligence and Technology – a bipartisan group of eight lawmakers, four each from the House and Senate, appointed by the majority and minority leaders of each body.

The commission would have the power to investigate and oversee government surveillance programs and technologies. It would also have subpoena power and could hold closed hearings on sensitive topics.

“The commission would oversee technologies that are put in place by the state, because we always seem to be behind the eight-ball on them,” Lesch said. “… It’s the hope that we’re not constantly chasing after problems after the cat is already out of the bag.”

Lesch cited police use of body cameras as a recent example of the need for the commission. Before the Legislature acted to make footage private, he said someone could, for example, access footage of the police kicking in the neighbor’s door during a domestic dispute call.

“We didn’t think that was appropriate,” Lesch said.

The commission would also serve as a check on law enforcement agencies if needed, Lesch said.

Rep. Nick Zerwas (R-Elk River) asked if the subpoena power could be used to call in agencies or compel them to provide information.

“Absolutely that’s the intent of it,” Lesch said. “We’re going to subpoena law enforcement agencies if they’re not producing documents that are necessary for us to exercise our legislative oversight function.”