§ 611A.90 — Release of Recordings of Child Abuse Victims
Plain-Language Summary
This section restricts the release of recordings of a child victim or alleged victim describing, alleging, explaining, or denying physical or sexual abuse. A custodian of such a recording cannot release a copy without a court order, even if the subject consents or release would otherwise be allowed by law. A court order may set the purposes for which the recording can be used, control reproduction and release to others, and impose other terms to protect the child's privacy and best interests. A data subject or patient seeking a copy may petition the district court where the abuse took place or where the custodian resides.
611A.90 RELEASE OF RECORDINGS OF CHILD ABUSE VICTIMS.
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Subdivision 1.Definitions.
For purposes of this section, “physical abuse” and “sexual abuse” have the meanings given in section 260E.03, except that abuse is not limited to acts by a person responsible for the child’s care or in a significant relationship with the child or position of authority. §
Subd. 2.Court order required.
(a) A custodian of a recording of a child victim or alleged victim alleging, explaining, denying, or describing an act of physical or sexual abuse as part of an investigation or evaluation of the abuse may not release a copy of the recording without a court order, notwithstanding that the subject has consented to the release of the recording or that the release is authorized under law.
(b) The court order may govern the purposes for which the recording may be used, reproduction, release to other persons, retention and return of copies, and other requirements reasonably necessary for protection of the privacy and best interests of the child. §
Subd. 3.Petition.
An individual subject of data, as defined in section 13.02, or a patient, as defined in sections 144.291 to 144.298, who is seeking a copy of a recording governed by this section may petition the district court in the county where the alleged abuse took place or where the custodian of the recording resides for an order releasing a copy of the recording under subdivision 2. Nothing in this section establishes a right to obtain access to a recording by any other person nor limits a right of a person to obtain access if access is otherwise authorized by law or pursuant to discovery in a court proceeding.
History:
1995 c 259 art 4 s 6; 2007 c 147 art 10 s 15; 1Sp2020 c 2 art 8 s 143; 2025 c 35 art 5 s 16
History: History: 1995 c 259 art 4 s 6; 2007 c 147 art 10 s 15; 1Sp2020 c 2 art 8 s 143; 2025 c 35 art 5 s 16