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June 2010 1 Data Practices in Minnesota
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June 2010 1
Data Practices in Minnesota
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Outline for this presentation
Minnesota data practices lawsClassification of government dataGovernment entity responsibilitiesRights of access to government dataGovernment data requests &
responses Data subject rightsCivil remedies and penalties in the
Data Practices Act
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 dataCollecting, 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 ActMinnesota 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 StatuteMinnesota 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_serv
ices.htm
The Data Practices Act, generallyMinnesota Statutes, Chapter 13, and Minnesota Rules, Chapter 1205
Defines government data Presumes government data are publicClassifies certain data as not publicProvides rights for the public and
data subjectsRequires 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)
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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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 Those authorized by data subjectData Not on Individuals Nonpublic
Data on Individuals Confidential Available to:Those whose work requires accessEntities authorized by law Not available to data subject Data Not on Individuals Protected Nonpublic
Classification of government data
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Classification of government data
Data on decedents (Minnesota Statutes, section 13.10)Data on individuals after they dieA subset of data on individualsNot 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
Government entity responsibilitiesKey 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
dataCopies – 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 dataWhether the individual may refuse or is
legally required to provide the dataKnown consequences from supplying or
refusing to supply the dataIdentity 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
dataA new release of data by the entityDifferent use of data than described in
Tennessen noticeDifferent 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 guardianEducational 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
Civil remedies and penaltiesMinnesota Statutes, sections 13.08, 13.085 and 13.09
Court processes A person may bring a
civil action against government entity or responsible authority Request for injunction
from collecting/disclosing data
Action to compel compliance with Chapter 13
Government employees may be prosecuted for willful violations
Administrative remedy
A person may request a hearing at the Office of Administrative Hearings Action to compel
compliance with Chapter 13
Must be filed within 2 years of the occurrence
$1000 filing fee
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How to contact the Information Policy Analysis Division (IPAD)
[email protected] 201 Administration Building
50 Sherburne Ave.St. Paul, MN 55155
