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HomeMy WebLinkAboutData Members of the Public Data PolicyData Practice Policy for Members of the Public 1 OTTER TAIL COUNTY Data Practices for Members of the Public Issued September 1, 2015 Reviewed Revised Objective Members of the public have the right to access public data that is kept by Otter Tail County in accordance with the Minnesota Government Data Practices Act. Policy Statement Otter Tail County will provide access to public data and it is presumed that all data are public unless a state or federal law says that the data are not public. Scope This policy and procedure provides direction in complying with those portions of the MGDPA that relate to private and public information about data subjects. Statutory References Minnesota Government Data Practices Act Minnesota Statutes Chapter 13 Minnesota Rules, parts 1205.0100 to 1205.2000 Policy Right to Access Public Data The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. The Government Data Practices Act also provides that this government entity must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Data Practice Policy for Members of the Public 2 How to Make a Data Request To look at data or request copies of data that this government entity keeps, make a written request for data to the appropriate individual listed in the Data Practices Contacts on page 4. You may make your request by U.S. mail, electronic mail, fax or in person, using the data request form on page 7. If you choose not to use the data request form, your request should include: •that you, as a member of the public, are making a request for data under the Government Data Practices Act, Minnesota Statutes, Chapter 13; •whether you would like to look at the data, get copies of the data, or both; and •a clear description of the data you would like to inspect or have copied. This government entity cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request. How We Respond to a Data Request Upon receiving your request, we will work to process it. •If we do not have the data, we will notify you in writing as soon as reasonably possible. •If we have the data, but the data are not public, we will notify you as soon as reasonably possible and state which specific law says the data are not public. •If we have the data, and the data are public, we will respond to your request appropriately and promptly, within a reasonable amount of time by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies, or we will mail or fax them to you. If you want us to send you the copies, you will need to provide us with an address or fax number. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. Data Practice Policy for Members of the Public 3 In addition, the Government Data Practices Act does not require us to answer questions that are not requests for data. Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make your request in writing and pay for the cost of creating the data.