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Data Practices in Minnesota by xV3WmZE

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									Data Practices in Minnesota




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Outline for this presentation

    Minnesota data practices laws
    Classification of government data
    Government entity responsibilities
    Rights of access to government data
    Government data requests & responses
    Data subject rights
    Civil remedies and penalties in the Data
     Practices Act

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Three key laws of data practices
    Three   laws give general guidance and form the basic
     legal framework governing data practices for all
     Minnesota government
    These laws impose specific duties on government
     entities relative to:
          Access to government data requested by members of the
           public
          Access to government data requested by data subjects and
           their additional rights as data subjects
          The classification of government data
          Collecting, creating, maintaining, using, disseminating, and
           properly disposing of government data

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Three key laws of data practices

        The Official Records Act (Minnesota Statutes, section
         15.17)
        The Records Management Statute (Minnesota
         Statutes, section 138.17)
        The Data Practices Act (Minnesota Statutes, Chapter
         13 and Minnesota Rules, Chapter 1205)




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The Official Records Act
Minnesota Statutes, section 15.17

    Requires government entities to make and
     preserve records to document official activities
    Records must be passed on to successors in
     office




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Records Management Statute
Minnesota Statutes, section 138.17

       Requires government entities to follow a
        process when disposing of official records
              Must maintain official records for time period
               specified in retention schedule
              Resource: State Archives group at Minnesota
               State Historical Society
                    www.mnhs.org/preserve/records/gov_services.htm




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The Data Practices Act, generally
Minnesota Statutes, Chapter 13, and Minnesota Rules, Chapter 1205


     Defines government data
     Presumes government data are public
     Classifies certain data as not public
     Provides rights for the public and data
      subjects
     Requires that data on individuals are accurate,
      complete, current, and secure


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Definition of government data
       “Government data” means all data collected,
        created, received, maintained, or disseminated
        by any government entity regardless of its
        physical form, storage media, or conditions of
        use. (Minnesota Statutes, section 13.02, subd. 7)
              Includes data in any media: paper, email, CD,
               videotape, photographs, etc.
              Does not include mental impressions that are not
               recorded, see Keezer v. Spickard, 493 N.W.2d 614
               (Minn. App. 1992)
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Classification of government data

       There are two types of government data
                Data on individuals: an individual can be identified
                 as the subject of the data (Minnesota Statutes, section 13.02,
                 subd. 5)
                Data not on individuals: data that are not about
                 individuals, e.g., data on businesses, organizations,
                 or intangible objects (Minnesota Statutes, section 13.02, subd.
                 4)




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Classification of government data
      Data Category          Classification         Meaning of Classification
Data on Individuals       Public
                                              Available to anyone for any reason
Data Not on Individuals   Public

Data on Individuals       Private             Available to:
                                               Data subject
                                               Those whose work requires access
                                               Entities authorized by law
Data Not on Individuals   Nonpublic
                                               Those authorized by data subject


Data on Individuals       Confidential       Available to:
                                              Those whose work requires access
                                              Entities authorized by law
 Data Not on Individuals Protected Nonpublic Not available to data subject

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Classification of government data

       Data on decedents (Minnesota Statutes, section 13.10)
              Data on individuals after they die
              A subset of data on individuals

              Not public data on individuals remain not public
               until a specified number of years have passed




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Government entity responsibilities
Some examples
    Identify/appoint key individuals with data
     practices responsibilities
    Establish an inventory for data on individuals
        (Minnesota Statutes, section 13.05, subd. 1)
       Establish required policies on data access and
        data subject rights (Minnesota Statutes, sections 13.03,
        subd. 2, and 13.05, subd. 8)
       Respond to data requests


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Government entity responsibilities
Key individuals
       Responsible Authority (RA) (Minnesota Statutes,
        section 13.05, and Minnesota Rules1205.0200, subparts 12-15)
                Ultimately responsible for entity’s data practices
                 decisions and policies
                May appoint one or more designees to assist in
                 meeting obligations
       Data practices compliance official (DPCO)
        (Minnesota Statutes, section 13.05, subd. 13)
                Appointed by the RA
                Receives and responds to questions about data
                 practices
                RA may also act as DPCO

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Rights of access to government data

       Members of the public (not data subjects)
        (Minnesota Statutes, section 13.03)
                Right to inspect and/or get copies of public
                 government data within a reasonable amount of
                 time




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Rights of access to government data

       Data subject (person that the data are about)
        (Minnesota Statutes, section 13.04)
              Right to find out what data a government entity
              has about him/her
              Right to inspect and/or get copies of data (public
              and private) about him/her within 10 business days




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Responding to data requests from
members of the public
            Data are public
                Provide data to requestor as soon as reasonably
                 possible
            Data are classified as not public
                Data cannot be released – must provide statutory
                 citation denying access (Minnesota Statutes, section 13.03,
                 subd. 3(f)
            Requested data do not exist at the entity
                Entity must inform requestor
                Entity not required to create data
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Responding to data requests from
data subjects
            Data are classified as public or private
                Provide public data and private data about the subject
                 within 10 days
            Data are classified as confidential or are not
             about the data subject
                Data cannot be released – must provide statutory
                 citation denying access (Minnesota Statutes, section 13.03,
                 subd. 3(f)
            Requested data do not exist at the entity
                Entity must inform requestor
                Entity not required to create data

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Responding to data requests - copy
charges
       Inspection – no cost
                Even if entity must make a copy so the requestor may
                 view it
                Requestor may take notes, pictures, scan the data
       Copies – cost depends on request
                Member of the public (Minnesota Statutes, section 13.03)
                   25¢ per page – 100 or fewer copies of black &
                    white, letter/legal size paper
                   Actual cost – all other copies

                Data subject (Minnesota Statutes, section 13.04)
                   Actual cost

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Additional rights of data subjects – Tennessen
warning notice (Minnesota Statutes, section 13.04, subd. 2)
      When an entity collects private or confidential
       data from an individual, the entity must give a
       notice that includes:
          Purpose and intended use of data
          Whether the individual may refuse or is legally
           required to provide the data
          Known consequences from supplying or refusing
           to supply the data
          Identity of other persons or entities with statutorily
           authorized access to the data
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Additional rights of data subjects – informed
consent (Minnesota Statutes, section 13.05, subd. 3(d)
     Given when an entity has private or
      confidential data on an individual
     Informed consent is necessary for:
               Individual asks the entity to release data
               A new release of data by the entity

               Different use of data than described in Tennessen
                notice
               Different release than described in Tennessen
                notice

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Additional rights of data subjects
       Limits on the government’s collection and storage of
        data on individuals
                Entities may only use and disseminate private or
                 confidential data that are necessary for the administration
                 of programs authorized by law (Minnesota Statutes, section
                 13.05, subd. 3)
       Expectation in the security of data
                Entities must establish appropriate safeguards for all data
                Entities must have written procedures regarding access to
                 private data
                Entities must notify individuals if there is a breach in
                 security of not public data
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Additional rights of data subjects
       Minors may request that data be withheld
        from a parent or guardian
                Educational data exception – a minor cannot deny
                 a parent access to a student’s education record.
       Right to challenge the accuracy and/or
        completeness of data




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Civil remedies and penalties
Minnesota Statutes, sections 13.08, 13.085 and 13.09

   Court processes                             Administrative remedy
       A person may bring a civil                A person may request a
        action against government                  hearing at the Office of
        entity or responsible                      Administrative Hearings
        authority                                     Action to compel compliance
                Request for injunction from           with Chapter 13
                 collecting/disclosing data           Must be filed within 2 years
                Action to compel compliance           of the occurrence
                 with Chapter 13                      $1000 filing fee
       Government employees
        may be prosecuted for
        willful violations

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How to contact the Information
Policy Analysis Division (IPAD)
    www.ipad.state.mn.us
    651.296.6733
    info.ipad@state.mn.us
    201 Administration Building
     50 Sherburne Ave.
     St. Paul, MN 55155



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