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					Data Practices in Minnesota




March 2014                    1
Outline for this presentation

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

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


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Three key laws of data practices

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




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The Official Records Act
Minnesota Statutes, section 15.17

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




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Records Management Statute
Minnesota Statutes, section 138.17

   l Requires    government entities to follow a
        process when disposing of official records
         l Must maintain official records for time period
           specified in retention schedule
         l Resource: State Archives group at
           Minnesota State Historical Society
              l   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


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



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Definition of government data
   l    “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.
              l   Minnesota Statutes, section 13.02, subd. 7
         l Includes data in any media: paper, email, CD,
           videotape, photographs, etc.
         l Does not include mental impressions that are not
           recorded.
              l   Keezer v. Spickard, 493 N.W.2d 614 (Minn. App. 1992)

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Classification of government data

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

   l Data         on decedents
         l Data on individuals after they die
         l A subset of data on individuals

         l Not public data on individuals remain not public
           until a specified number of years have passed
              l   Minnesota Statutes, section 13.10




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Government entity responsibilities
Some examples

   l Identify/appoint  key individuals with data
     practices responsibilities
   l Establish required procedures for data access
         l    Minnesota Statutes, section 13.03, subd. 2
   l Respond           to data requests




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Government entity responsibilities
Key individuals
   l    Responsible Authority (RA)
   l    Ultimately responsible for entity’s data practices decisions
        and policies
   l    May appoint one or more designees to assist in meeting
        obligations
              l   Minnesota Statutes, section 13.05, and Minnesota Rules
                  1205.0200, subparts 12-15
   l    Data practices compliance official (DPCO)
   l    Appointed by the RA
   l    Receives and responds to questions about data practices
   l    RA may also act as DPCO
              l   Minnesota Statutes, section 13.05, subd. 13

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Rights of access to government data

  l Members              of the public (not data subjects)
        l     Right to inspect and/or get copies of public
              government data within a reasonable amount of
              time
               l   Minnesota Statutes, section 13.03, subd. 3




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Rights of access to government data

   l Data       subject (person that the data are about)
         lRight to find out what data a government entity
          has about him/her
         l Right to inspect and/or get copies of data (public
          and private) about him/her within 10 business
          days
              l Minnesota   Statutes, section 13.04, subd. 3




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

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

         l    Data subject
               l Actual cost
                   l Minnesota Statutes, section 13.04


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Additional rights of data subjects – Tennessen
warning notice (Minnesota Statutes, section 13.04, subd. 2)
  l When     an entity collects private or confidential
      data from an individual, the entity must give a
      notice that includes:
        l Purpose and intended use of data
        l Whether the individual may refuse or is legally
          required to provide the data
        l Known consequences from supplying or refusing
          to supply the data
        l 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. 4(d)
   l Given when an entity has private or
     confidential data on an individual
   l Informed consent is necessary for:
         l Individual asks the entity to release data
         l A new release of data by the entity

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

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Additional rights of data subjects
    l    Limits on the government’s collection and storage of
         data on individuals
          l   Entities may only use and disseminate private or
              confidential data that are necessary for the administration
              of programs authorized by law
               l Minnesota Statutes, section 13.05, subd. 3

    l    Expectation in the security of data
          l   Entities must establish appropriate safeguards for all data
          l   Entities must have written procedures regarding access to
              private data
          l   Entities must notify individuals if there is a breach in
              security of not public data
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Additional rights of data subjects
   l Minors    may request that data be withheld
        from a parent or guardian
         l    Educational data exception – a minor cannot deny
              a parent access to a student’s education record.
   l 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
   l    A person may bring a civil          l   A person may request a
        action against government               hearing at the Office of
        entity or responsible                   Administrative Hearings
        authority                               l   Action to compel compliance
         l    Request for injunction from           with Chapter 13
              collecting/disclosing data        l   Must be filed within 2 years
         l    Action to compel compliance           of the occurrence
              with Chapter 13                   l   $1000 filing fee
   l    Government employees
        may be prosecuted for
        willful violations

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



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