HomeMy WebLinkAboutMinnesota Government Data Practices Act Guidelines and ProceduresMinnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
1
OTTER TAIL COUNTY
Minnesota Government Data
Practices Act
Guidelines and Procedures
Issued
9-01-2015
Revised
05-09-2017
Reviewed
07-11-2019
Objective
The Minnesota Government Data Practices Act is a state law that controls
how government data is collected, created, stored, maintained, used and
disseminated. It is the policy of Otter Tail County to collect and manage
government data in accordance with Minnesota laws.
Policy Statement
The Minnesota Government Data Practices Act regulates the management of
all government data that are created, collected, received, or released by a
government entity, no matter what form the data are in, or how they are
stored or used.
Scope
These guidelines and procedures provide direction in complying with those
portions of the MGDPA that relate to public access to government data and
to the rights of subjects data.
Statutory References
Minnesota Government Data Practices Act
Minnesota Statutes Chapter 13
Minnesota Rules, parts 1205.0100 to 1205.2000
Official Records
Minnesota Statutes § 15.17
Destruction of Records
Minn. Stat. §§ 138.163 and 138.17
U.S. Code
18 U.S. Code § 2721 – Prohibition on Release and Use of Certain Personal
Information from State Motor Vehicle Records
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
2
TABLE OF CONTENTS
Introduction................................................................................................................................................. 4
A BRIEF OVERVIEW ............................................................................................................................... 5
I. COLLECTION OF GOVERNMENT DATA ..................................................................................... 6
II. DEFINITIONS ................................................................................................................................. 6
III. CLASSIFICATION OF GOVERNMENT DATA .......................................................................... 8
A. Data on Individuals ...................................................................................................................... 8
B. Public, Nonpublic, or Protected Nonpublic Data Not on Individuals ........................................ 11
C. Summary Data ............................................................................................................................ 12
D. Data on Decedents ...................................................................................................................... 13
IV. OTTER TAIL COUNTY DATA PRACTICES REQUESTS ....................................................... 13
A. Requests for Data on Individuals by the Data Subject ............................................................... 13
B. Requests for Data – General....................................................................................................... 14
C. Requests for Summary Data ....................................................................................................... 14
D. Requests for Government Data by Other Government Agencies .............................................. 15
E. How Data Practices Applies to Contractual Licensing and Funding Relationship within Government Entities ............................................................................................................................. 15
F. Data Request Forms ....................................................................................................................... 16
V. FEES FOR COPIES OF GOVERNMENT DATA ....................................................................... 16
A. Copies Provided at No Charge ................................................................................................... 16
B. Copies Provided with Charge. .................................................................................................... 16
C. Fees............................................................................................................................................. 17
VI. DUTIES OF THE RESPONSIBLE AUTHORITY OR DESIGNEE............................................ 17
A. Data Inventory ............................................................................................................................ 17
B. Procedures for Dissemination of Data ....................................................................................... 17
C. Data Protection ........................................................................................................................... 18
D. Assignment of Designee............................................................................................................. 18
VII. RIGHTS OF DATA SUBJECTS ................................................................................................... 18
A. Tennessen Warning .................................................................................................................... 19
B. Informed Consent for the Release of Data ................................................................................. 20
C. When Informed Consent is NOT Required: ............................................................................... 20
VIII. PARENTAL ACCESS TO DATA ON MINORS ..................................................................... 20
A. Access to a Minor’s Data by Parents, Guardians or Acting Guardians ..................................... 20
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
3
B. Notification to Minors ................................................................................................................ 21
IX. DATA SUBJECTS RIGHT TO APPEAL TO THE COMMISSIONER OF ADMINISTRATION
IF ACCURACY AND/OR COMPLETELNESS OF DATA IS CHALLENGED .................................. 21
X. CONSEQUENCES FOR NOT COMPLYING WITH THE MGDPA ......................................... 21
XI. WHERE MORE INFORMATION CAN BE FOUND ................................................................. 22
XII. OTHER PROTECTED DATA ...................................................................................................... 22
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
4
Introduction
These guidelines and procedures provide direction in complying with those portions of the MGDPA that relate to
public access to government data and to the rights of subjects of data.
The public access requirements are:
• The presumption that all government data are public unless classified as not public by state or federal
statute;
• The right of any person to know what kinds of data are collected by the government entity and how that
data is classified;
• The right of any person to inspect, at no charge, all public government data at reasonable times and
places;
• The right of any person to have public data explained in an understandable way;
• The right of any person to get copies of public government data at a reasonable cost;
• The right of any person to an appropriate and prompt response from the government entity when
exercising these rights; and
• The right of any person to be informed of the authority by which an entity can deny access to
government data.
See Appendix A for the listing of Responsible Authorities, Designees and the Compliance Office.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
5
A BRIEF OVERVIEW
OF THE
MINNESOTA GOVERNMENT DATA PRACTICES ACT
The Minnesota Government Data Practices Act regulates the management of all government data that are
created, collected, received, or released by a government entity, no matter what form the data are in, or how
they are stored or used.
Briefly, the Act regulates:
• what data can be collected;
• who may see or get copies of the data;
• the classification or specific types of government data;
• the duties of government personnel in administering the Act;
• procedures for access to the data;
• procedures for classifying data as not public;
• civil penalties for violation of the Act; and
• the charging of fees for copies of government data.
Government data is either data on individuals or data not on individuals. Data on individuals are classified as
either public, private, or confidential. Data not on individuals are classified as public, nonpublic, or protected
nonpublic. The classification system determines how government data are handled (see chart below).
Data on Individuals
Meaning of Classification
Data Not on Individuals
Public
Available to anyone for any reason
Public
Private
Available only to the data subject
and to anyone authorized by the
data subject or by law to see it
Nonpublic
Confidential
Not available to the public or the
data subject.
Protected Nonpublic
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
6
I. COLLECTION OF GOVERNMENT DATA
Government data is all data maintained in any recorded form by government entities, including counties. As
long as data is recorded in some way by a government entity, it is government data, no matter what physical
form it is in, or how it is stored or used. Government data may be stored on paper forms/records/files, in
electronic form, on audio or video tape, on charts, maps, etc. Government data normally does not include
mental impressions.
Official records must be kept as set forth under Minn. Stat. § 15.17, Subd. 1, which requires all officers and
agencies of the state, and all officers and agencies of the counties, cities, and towns to make and keep all
records necessary for a full and accurate knowledge of their official activities. Requirements for collecting,
creating, maintaining, storing, and disseminating data are found in Minnesota Chapter 13 and Minnesota Rules
1205.
Links for locating the governing statute and rules are below:
Minnesota Chapter 13 – Government Data Practices
https://www.revisor.mn.gov/statutes/?id=13
Minnesota Administrative Rules, Chapter 1205, Data Practices
https://www.revisor.mn.gov/rules?id=1205
The collection and storage of public, private and confidential data on individuals is limited to that necessary for
the administration and management of programs specifically authorized or mandated by the state, local
governing body, or the federal government.
II. DEFINITIONS
A. Data Inventory: The public document which is required by Minn. Stat. § 13.025, Subd. 1, containing
the name of the responsible authority and the individual designee, title and address, and a
description of each category of record, file or process relating to private or confidential data on
individuals maintained by the government entity. The responsible authority shall update the
inventory annually and make any changes necessary to maintain the accuracy of the inventory.
B. Authorized Representative: The individual, entity, or person authorized to act on behalf of another
individual, entity or person. For the purposes of the Act, the authorized representative may include,
but is not limited to: (a) in the case of a minor, a parent, or guardian, (see Section IX.B, Notification
of Minors); (b) an attorney acting on behalf of an individual when the individual has given written
informed consent; (c) any other individual entity, or person given written authorization by the data
subject; or (d) an insurer or its representative, provided that the data subject has given informed
consent for the release of the information, (e) court appointed guardian/conservator.
C. Court Order: The direction of a judge, or other appropriate presiding judicial officer made or
entered in writing, or on the record in a legal proceeding.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
7
D. Data: All data collected, created, received, maintained, or disseminated by a government entity
regardless of its physical form, storage media, or conditions of use, including, but not limited to,
paper records and files, microfilm, computer media, or other processes.
E. Data Subject: The individual or person about whom the data is created or collected.
F. Designee: Any person designated by a responsible authority (a) to be in charge of individual files or
systems containing government data and (b) to receive and comply with requests for government
data. The responsibility authority may assign one or more designees. All duties outlined as duties of
the responsible authority may be delegated to the designee.
G. Government Entity: A state agency, statewide system, or political subdivision.
H. Individual: A natural person. In the case of a minor or an individual adjudged mentally incompetent,
“individual” includes a parent or guardian or an individual acting as a parent or guardian in the
absence of a parent or guardian, except that the responsible authority shall withhold data from
parents or guardians or individuals acting as parents or guardians in the absence of parents or
guardians, upon request by the minor if the responsible authority determines that withholding the
data would be in the best interest of the minor.
I. Informed Consent: The written consent that must be given by a data subject to allow disclosure of
private data about the individual.
J. Person: Any individual, partnership, corporation, association, business trust, or legal representative
of an organization.
K. Political Subdivision: Any county, statutory or home rule charter city, school district, special district,
any town exercising powers under Minn. Stat. 368 and located in a metropolitan area, and any
board, commission, district or authority created pursuant to law, local ordinance, or charter
provision. It includes any nonprofit corporation which is a community action agency organized to
qualify for public funds, or any nonprofit social service agency which performs services under
contract to a government entity to the extent that the nonprofit social service agency or nonprofit
corporation collects, disseminates, and uses data on individuals because of a contractual
relationship with a government entity.
L. Representative of the Decedent: The personal representative of the estate of the decedent during
the period of administration, or if no personal representative has been appointed, or after
discharge, the surviving spouse, any child of the decedent, or, if there are not surviving spouse or
children, the parents of the decedent.
M. Requestor: The individual, entity, or person requesting access and/or copies of the government
data.
N. Responsible Authority-Counties: Each elected official of the county shall be the responsible
authority of the respective office. An individual who is an employee of the county shall be appointed
by the County Board to be the responsible authority for any data administered outside the
departments of elected officials. For a statewide system, the responsible authority is the
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
8
commissioner of any state department, or any executive officer designated by statute or executive
order as responsible for such system.
O. Rules: “The Rules Governing the Enforcement of the Minnesota Government Data Practices Act.”
Minn. R., Chap. 1205.
P. State Agency: The state, the University of Minnesota, and any office, officer, department, division,
bureau, board, commission, authority, district, or agency of the state.
Q. Statewide System: Any recordkeeping system in which government data is collected, stored,
disseminated, and used by means of a system common to one or more state agencies or more than
one of its political subdivisions or any combination of state agencies and political subdivisions.
R. Temporary Classification: An application by a state agency, statewide system, or political
subdivision, pursuant to Minn. Stat. § 13.06 which has been approved by the Commissioner of
Administration to classify government data not classified by state statute or federal law as either
private or confidential for data on individuals, or nonpublic or protected nonpublic for data not on
individuals.
S. Tennessen Warning: Those rights, as contained in Section IX.A, communicated to an individual
asked to supply private or confidential data concerning himself or herself.
III. CLASSIFICATION OF GOVERNMENT DATA
For the purposes of these guidelines, government data is divided into four types; (a) data on individuals, which is
classified as either public, private or confidential; (b) data not on individuals, which is classified as either public,
nonpublic or protected nonpublic; (c) statistical or summary data derived from data on individuals in which
individuals are not identified; and (d) data on decedents. These classifications, the criteria for classification, and
the description of who has access are as set forth below.
A. Data on Individuals
1. Public Data on Individuals
a. Definition: All data on individuals is public, unless classified as private or confidential.
b. Data on Individuals is Public if:
1) A statute or federal law requires or allows the collection of the data and does not classify the
data as private or confidential.
2) An application for Temporary Classification for private or confidential data on individuals is
disapproved by the Commissioner of Administration.
3) The data is summary or statistical data derived from data on individuals.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
9
4) Private or confidential data becomes public in order to comply with either judicial or
administrative rules pertaining to the conduct of legal action. (For example: Private or
confidential data which is presented in court and made public by the court.)
c. Access: All public data on individuals is accessible by any person regardless of their interest in that
data.
2. Private Data on Individuals
a. Definition: Private data on individuals is data which is not accessible to the public, but is accessible
to the individual subject of the data.
b. Tennessen Warning: Except for law enforcement investigations, a Tennessen Warning must be
given when private data is collected from the subject of the data (Section VII.A. describes the
Tennessen Warning.) A Tennessen Warning need not be given when private data is collected from
someone other than the subject of the data. (See Appendix B.)
c. Data on Individuals is Private if:
1) A state statute or federal law expressly classifies the data as not accessible to the public, but
accessible to the subject of the data.
2) A Temporary Classification of private has been approved by the Commissioner of Administration
and has not expired.
3) If data is classified as both private and confidential by state or federal law, the data is private.
d. Access: Private data on individuals is accessible to:
1) The individual subject of the data, or the representative as authorized in writing (if the subject is
a minor, usually by the subject’s parent or guardian).
2) Individuals, entities, or persons who have been given express written permission by the data
subject.
3) Personnel within the entity whose work assignment requires access as determined by the
responsible authority or designee.
4) Individuals, entities, or persons who used, stored, and disseminated government data collected
prior to August 1, 1975, with the condition that use, storage, and dissemination was not
accessible to the public, but accessible to the data subject.
5) Individuals, entities, or persons for which a state, local or federal law authorizes new use or new
dissemination of the data.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
10
6) Individuals, entities, or persons subsequent to the collection of the data and subsequent to the
communication of the Tennessen Warning, when specifically approved by the Commissioner of
Administration, as necessary, to carry out a function assigned by law.
7) Pursuant to a court order.
8) Individuals, entities, or persons as otherwise provided by law.
3. Confidential Data on Individuals
a. Definition: Data not made public by statute or federal law applicable to the data and are inaccessible to
the individual subject of those data.
b. Tennessen Warning: Except for law enforcement investigations, a Tennessen Warning must be given
when private data is collected from the subject of the data (Section VII.A. describes the Tennessen
Warning.) A Tennessen Warning need not be given when private data is collected from someone other
than the subject of the data.
c. Data on Individuals is Confidential if:
1) A state or federal statute expressly provides that: (a) the data shall not be available to either the
public or to the data subject, or (b) the data shall not be available to anyone except those agencies
which need the data for agency purposes.
2) A Temporary Classification of confidential has been approved by the Commissioner of
Administration and has not expired.
d. Access: Confidential data on individuals is accessible to:
1) Individuals, entities, or persons who are authorized by state, local or federal law to gain access.
2) Personnel within the entity whose work assignment requires access as determined by the
responsible authority or designee.
3) Individuals, entities, or persons who used, stored, and disseminated government data collected
prior to August 1, 1975, with the condition that use, storage, and dissemination was not accessible
to the public, but accessible to the data subject.
4) Individuals, entities, or persons for which a state, local or federal law authorizes new use or new
dissemination of the data.
5) Individuals, entities, or persons subsequent to the collection of the data and subsequent to the
communication of the Tennessen Warning, when specifically approved by the Commissioner of
Administration, as necessary, to carry out a function assigned by law.
6) Pursuant to court order.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
11
7) Individuals, entities, or persons as otherwise provided for by law.
B. Public, Nonpublic, or Protected Nonpublic Data Not on Individuals
1. Public Data Not on Individuals
a. Definition: Public data not on individuals means data not on individuals which is accessible to the
public.
b. Data Not on Individuals is Public if:
1) A statute or federal law does not expressly classify the data as not public.
2) An application for Temporary Classification for data as nonpublic or protected nonpublic is not
approved by the Commissioner of Administration.
3) A statute requires the data to be made available to the public.
c. Access: Protected nonpublic data is accessible to:
1) Personnel within Otter Tail County whose wok assignment requires access as determined by the
responsible authority or the designee;
2) Individuals, entities, or persons authorized by statute or federal law to gain access;
3) Pursuant to a court order; or
4) Individuals, entities, or persons as otherwise provided by law.
2. Nonpublic Data Not on Individuals
a. Definition: Nonpublic data not on individuals means data that are not public but are accessible to
the data subject, if any.
b. Data Not on Individuals is Nonpublic if:
1) A state statute or federal law classifies the data as not public but accessible to the data subject,
if any.
2) A Temporary Classification of data as nonpublic has been approved by the Commissioner of
Administration
c. Access: Nonpublic data not on individuals is accessible to:
1) The data subject, if any.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
12
2) Personnel within the entity whose work assignment requires access as determined by the
responsible authority or designee.
3) Entities or persons authorized by statute o federal statute to gain acce3ss.
4) Pursuant to court order.
5) Entities or persons as otherwise provided by law.
3. Protected Nonpublic Data Not on Individuals
a. Definition: Protected nonpublic data not on individuals means data that is not public and not
accessible to the data subject, if any.
b. Data Not on Individuals is Protected Nonpublic if:
1) A state statute or federal law classifies the data as not accessible to the public and not
accessible to the data subject.
2) A Temporary Classification of government data as protected nonpublic has been approved by
the Commissioner of Administration.
c. Access: Protected nonpublic data not on individuals is accessible to:
1) Personnel within the entity whose work assignment requires access as determined by the
responsible authority or the designee.
2) Entities or persons authorized by statute or federal statute to gain access.
3) Pursuant to court order.
4) Entities or persons as otherwise provided by law.
C. Summary Data
1. Definition: Summary data means statistical records and reports derived from data on individuals, but in
which the individuals are not identified and neither their identities nor other characteristics that could
uniquely identify the individual is ascertainable.
2. Data is Summary Data if:
a. All data elements that could link the data to a specific individual have been removed; AND
b. Any list of numbers or other data which could uniquely identify an individual is separated from the
summary data and is not available to persons who gain access to or possess summary data.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
13
3. Access: Unless classified by a Temporary Classification, summary data is public and may be requested
by and made available to any individual or person, including a governmental entity.
D. Data on Decedents
1. Private Data on Decedents
a. Definition: Upon death, private and confidential data on an individual shall become, respectively,
private data on decedents and confidential data on decedents.
b. Access:
1) Access is available to the personal representative of the estate during the administration or if no
personal representative, the surviving spouse, any child of the decedent, or if no spouse or
children, to the parent of the decedent.
2) A trustee appointed in a wrongful death action also has access to the appropriate data on
decedents concerning the data subject.
2. Confidential Data on Decedents
a. Definition: Confidential data on decedents means data which, prior to the death of the subject,
was classified by statute, federal law, or temporary classification as confidential data.
b. Access: Access to the data is the same as access to confidential data on individuals.
c. The representative of the decedent may exercise all rights which are conferred by the Act on
individuals who are subjects of the confidential data, in the case of confidential data on decedents.
3. Release of private data on a decedent or confidential data on a decedent may also be obtained from a
court following the procedure outlined in the statute.
4. Private data on decedents and confidential data on decedents shall become public when ten years have
elapsed from the actual or presumed death of the individual and 30 years have elapsed from the
creation of the data.
IV. OTTER TAIL COUNTY DATA PRACTICES REQUESTS
A. Requests for Data on Individuals by the Data Subject
1. Upon request and when access or copies are authorized, the designee shall provide copies of the
private or public data on an individual to the subject of the data or authorized representative. See
Minn. R. 1205.0500 if data subject is a minor.
2. The designee shall comply immediately, if reasonably possible, or within 10 working days of the date
of request, if immediate compliance is not reasonably possible.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
14
3. After an individual has been shown the private data and informed of its meaning, the data need not
be disclosed to that individual for six months, unless a dispute or action is pending (concerning
accuracy of data) or additional data has been obtained about that individual.
4. A guide titled “Data Practices for Data Subjects” and a Request by Subject of Data form is available
for the public and can be found here: add website link
5. The Request by Subject of Data form shall be completed for all requests by the public for
government data which is classified as other than public.
B. Requests for Data – General
1. Upon request to the responsible authority or designee, an authorized person shall be permitted to
inspect government data at reasonable times and places. If the party requests they shall be
informed of the meaning of the data. If the data requested is public data, no form is necessary.
Upon request and at the discretion of the staff member, public data may be disclosed over the
telephone.
2. Regardless of where the data originates, if it is in the position of Otter Tail County, it is government
data and subject to the Data Practices Act, including access provisions.
3. A guide titled “Data Practices for Members of the Public” and a Public Data Request form is available
for the public and can be found here: add website link.
4. The Public Data Request form shall be completed for all requests by the public for government data
which is classified as other than public.
C. Requests for Summary Data
1. Unless otherwise classified by a Temporary Classification, summary data derived from private or
confidential data on individuals is public and the responsible authority or designee shall provide the
summary data upon the written request of any individual or person.
2. Within ten (10) days of receipt of such request, the responsible authority or designee shall inform
the requestor of the costs of preparing the summary data, if any.
3. The responsible authority or designee shall:
a. Provide the summary data requested as soon as reasonably possible; OR
b. Provide a written statement to the requestor, giving a time schedule for preparing the
requested data, including reasons for any delays; OR
c. Provide access to the requestor to the private or confidential data so that the requestor can
compile the summary; OR
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
15
d. Provide a written statement to the requestor stating reasons why the requestor’s access would
compromise the private or confidential data.
4. A non-disclosure agreement (see Appendix C) is used to protect the confidentiality of government
data when the requestor of the summary data prepares the summary by accessing private or
confidential information on individuals. A non-disclosure agreement shall contain at least the
following:
a. A general description of the private or confidential data which is being used to prepare the
summary data.
b. The purpose for which the summary data is being prepared.
c. A statement that the requestor understands that the requestor may be subject to the civil or
criminal penalty provisions of the Act.
d. The signature of the requestor and the responsible authority, designee, or representative.
D. Requests for Government Data by Other Government Agencies
1. A responsible authority shall allow another government entity access to data classified as private,
confidential, nonpublic, or protected nonpublic only when the access is authorized or required by state
or federal statute.
2. An agency that supplies government data under this section may require the requesting agency to pay
the actual cost of supplying the data when the requested data is not provided in the normal course of
business and not required by state or federal statute.
3. In most cases, data shall have the same classification in the hands of the agency receiving it as it had in
the agency providing it, unless the classification is required to change to meet judicial or administrative
requirements. When practical and necessary, the agency providing the requested information shall
indicate the classification of the information.
4. When practical and necessary, the requesting agency not listed on the Tennessen Warning shall obtain
the informed consent from the data subject(s) for data classified as private or confidential.
E. How Data Practices Applies to Contractual Licensing and Funding Relationship within Government
Entities
1. Pursuant to Minn. Stat. § 13.05, Subd. 6, if a person receives not public data on individuals from a
government entity because that person has a contract with that entity the person must administer the
data in a manner that is consistent with the MGDPA.
2. Pursuant to Minn. Stat. § 13.05, Subd. 11, if a private person collects, receives, stores, uses, maintains or
disseminates data because the person has a contract with a government entity to perform any of the
entity’s functions all of the data are subject to the requirements of the MGDPA and the contactor must
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
16
comply with the MGDPA requirements. The contractor may be sued under § 13.08, civil remedies. The
contract should clearly inform the contractor of these responsibilities.
3. Pursuant to Minn. Stat. § 13.02, Subd. 11, if the data is collected by a nonprofit social services entity
that performs services under contract to a government entity and the data is collected and used
because of that contract access to the data is regulated by the MGDPA.
4. If a third party is licensed by a government entity and the licensure is conditioned upon compliance with
the MGDPA or if the party has another type of contact with the government entity, the party is subject
to the MGDPA to the extent specified in the contract or the licensing agreement.
F. Data Request Forms
Data Request Forms: Forms for Data Subjects and Members of the Public are available in County offices
and on the website at Data Requests. These forms are available in County offices and on the County
website. The forms provide a record of the requestor identification information and the government
data requested, as well as the action taken by the responsibility authority, or the designee, and any
financial transaction which occurs. These forms are to be completed for all requests by the public for
government data.
V. FEES FOR COPIES OF GOVERNMENT DATA
Pursuant to the Minnesota Government Data Practices Act and Otter Tail County Board resolution and
unless otherwise provided for by federal law, state statute or rule, fees for copies of government data shall
be determined by departments based on costs to provide such service as set forth in the Otter Tail County
Fee Schedule (Appendix D). If the fee for fulfilling the request is greater than $5.00, pre-payment may be
required.
A. Copies Provided at No Charge. When access is authorized, copies may be provided at no charge:
1. When another government agency or responsible authority requires or requests the
record/document copies as part of the administration and management of an authorized program
and the copies are usually provided as part of the normal course of business.
2. When records, documents, brochures, pamphlets, books, reports, or other similar publications are
produced for free distribution to the public. A charge may be assessed if an individual request
exceeds normal distribution.
3. When the court orders the requesting party to proceed in forma pauperis.
B. Copies Provided with Charge. When access is authorized, copies shall be provided at the applicable rate
in the following circumstances:
1. Other government agencies or responsible authorities who require or request record documents or
publication copies which are not usually provided or reproduced as part of the normal course of
business.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
17
2. Records, documents, brochures, pamphlets, books, reports, or other similar publications that are
not normally provided or reproduced for distribution to the public.
3. Public data on individuals and public data not on individuals, particularly when the requestor is not
the subject of the data.
C. Fees. Copying fees shall be charged in accordance with the Fee Schedule (Appendix C) for those records,
documents, and publications covered in Section B as set forth above. When copies are mailed, postage
costs shall be added to the rates in the Fee Schedule. Fees shall be collected before releasing copies
unless prior arrangements have been made.
VI. DUTIES OF THE RESPONSIBLE AUTHORITY OR DESIGNEE
A. Data Inventory
1. The responsible authority shall prepare an inventory containing the authority’s name, title, address,
and a description of each category of record, file, or process relating to private or confidential data
on individuals maintained by the authority’s government entity. Forms used to collect private and
confidential data may be included in the inventory.
2. The responsible authority shall update the inventory annually and make any changes necessary to
maintain the accuracy of the inventory.
3. The responsible authority shall supply the document to the Commissioner of Administration, State
of Minnesota, if requested by the Commissioner.
B. Procedures for Dissemination of Data
1. The responsible authority shall ensure that each department establishes procedures to manage the
dissemination of data. Collection, storage, use and dissemination of private and confidential data
shall be limited to what is necessary of the administration and management of programs authorized
or mandated by the state, local governmental body, or the federal government.
2. Data cannot be collected, stored, used or disseminated for any purpose other than the purpose
stated to the individual when the data was originally collected unless:
a. The data was collected prior to 1975, in which case the data can be used for the original purpose
for which it was collected or for an additional purpose approved by the Commissioner of
Administration.
b. There is specific authorization for the use in state, local or federal law.
c. The additional use has been approved by the Commissioner of Administration, as necessary, to
carry out a function designated by law.
d. The individual data subject has given informed consent for the additional use of the data.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
18
C. Data Protection
The responsible authority shall establish procedures to assure that all data on individuals is accurate,
complete, and current for the purpose for which it was collected, and establish appropriate security
safeguards for all records containing data on individuals.
D. Assignment of Designee
The responsible authority may assign one or more designees. The designee is the person in charge of
individual files or systems containing government data and who receives and complies with requests for
government data. Additionally, the designee shall implement the provisions of the Act, the rules, and these
guidelines and procedures as directed by the responsible authority. All duties outlined as duties of the
responsible authority may be delegated to the designee.
VII. RIGHTS OF DATA SUBJECTS
The Minnesota Government Data Practices Act establishes specific rights for individuals who are the subjects
of government data, and establishes controls on how entities collect, store, use and release data about
individuals. Otter Tail County’s policy adheres to these regulations.
These rights include:
• The right to be given a notice (Tennessen Warning) when either private or confidential date about the
subject are collected from the subject;
• The right to know whether a government entity maintains any data about the subject and how those
data are classified;
• The right to inspect, at no charge, all public and private data about the subject;
• The right to have the content and meaning of public and private data explained to the subject;
• The right to have copies of public and private data about the subject at actual and reasonable cost;
• The right to have private or confidential data about the subject collected, stored, used or disclosed only
in ways that are authorized by law and that are stated in the Tennessen warning notice; or in ways to
which the subject as consented via an informed consent;
• The right not to have private or confidential data about the subject disclosed to the public unless
authorized by law;
• The right to consent to the release of private data to anyone; and
• The right to be informed of these rights and how to exercise them within the entity that maintains the
data.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
19
A. Tennessen Warning
The MGDPA guarantees certain rights to every individual from whom Otter Tail County collects private or
confidential data. Every department that collects private and confidential data from an individual concerning
him/herself will, prior to collecting the data, inform the individual of his/her rights as a subject of data. The
listing of rights is referred to as the Tennessen Warning. Once the proper notice has been given, Otter Tail
County may lawfully collect, store, use and disseminate the data, as described in the notice. (See Appendix B.)
1. The Tennessen Warning is required and notice must be given whenever:
a. The government entity requests the data; and
b. The data are requested from an individual; and
c. The data requested are private or confidential; and
d. The data are about the individual from whom they are requesting.
2. The Tennessen Warning is not required:
a. When collecting public data on an individual;
b. When private and confidential data is collected from someone other than the subject of the data, or
that person supplies private or confidential data about the data subject without being asked for it;
c. When an individual is asked to supply investigative data to a law enforcement officer (see Minn.
Stat. § 13.04, Subd. 2).
d. When an individual volunteers private or confidential information about himself or herself without
being asked.
3. The Tennessen Warning consists of the following information that must be communicated to the
individual from whom private or confidential data concerning himself or herself is collected:1
a. The purposes and intended use of the requested private or confidential data within the collecting
statewide system or political subdivision or agency;
b. Whether the individual may refuse or is legally required to supply the requested private or
confidential data;
c. Any known consequences arising from an individual refusing to supply private or confidential data;
and
1 Note: In accordance with the Federal Privacy Act of 1974, any federal, state, or local agency which requests an individual to disclose their social security account number shall inform that an individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited and what uses will be made of it.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
20
d. The identity of other individuals, entities or persons authorized by state or federal law to receive the
data.
4. Tennessen Warning may be either oral or written, however, a written format signed by the individual is
preferred.
5. Tennessen Warning for Minors
If private or confidential data is collected from a minor (under 18 years of age), additional notification is
required. (See Notification to Minors, Section VIII.B.)
B. Informed Consent for the Release of Data
1. Private data on individuals may be used by and disseminated to any individual or person by the
responsible authority, or the designee, if the individual subject or subjects of the data have given
their informed consent.
2. Private data may be used by and disseminated to any entity (e.g., political subdivision, government
agency, etc.) if the individual subject or subjects have given their informed consent.
3. All informed consents shall be in writing.
C. When Informed Consent is NOT Required:
1. For any lawful purpose which was communicated to the data subject on the Tennessen Warning at
the time the data was collected,
2. When a federal, state or local law authorizes access to the data after the Tennessen Warning was
given, if required, or
3. When the Commissioner of Administration, upon application, approves a new use or dissemination
of the data and the new use and dissemination was not communicated to the data subject.
Informed consent for health insurance purposed must comply with Minn. Stat. § 13.05, unless otherwise pre-
empted by the HIPPA Standards for Privacy of Individually Identifiable Health Information, code of Federal
Regulations, title 45, section 164.
VIII. PARENTAL ACCESS TO DATA ON MINORS
A. Access to a Minor’s Data by Parents, Guardians or Acting Guardians
1. A parent or guardian, or an individual acting as a parent or guardian in the absence of a parent or
guardian, has access to all public government data on a minor data subject. Such person further has
access to all private government data on a minor data subject, unless otherwise specifically denied
access by a state or federal law.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
21
2. Otter Tail County will presume that a parent has authority to exercise rights of the minor inherent in
the Act, unless the County has been provided with evidence that there is a state law or court order
governing such matters as divorce, separation, or custody, or a legally binding instrument that
provides the contrary.
B. Notification to Minors
1. A minor has the right to request that the entity withhold private data about her/him from the
parent or guardian. The entity may require that the request be in writing. A written request must
include the reasons for withholding the data from the parents or guardian and must be signed by
the minor.
2. In making a determination to honor the request, the responsible authority must consider the
following:
a. Whether the minor is of sufficient age and maturity to be able to explain the reason for and to
understand the consequences of the request to deny access;
b. Whether the personal situation of the minor is such that denying the parental access may
protect the minor from physical or emotional harm;
c. Whether there is reason to believe that the minor’s reasons for denying access are reasonably
accurate;
d. Whether the data concerns medical, dental, or other health services provided concerning the
“Consent of Minors for Health Services” pursuant to Minn. Stat. §§ 144.335-144.337. However,
this medical data may be released if failure to inform the parent would seriously jeopardize the
health of the minor.
IX. DATA SUBJECTS RIGHT TO APPEAL TO THE COMMISSIONER OF ADMINISTRATION IF ACCURACY AND/OR
COMPLETELNESS OF DATA IS CHALLENGED
A. The subject has the right to take this step after both the subject and the county have properly
completed all the steps in the data challenge process. The subject may appeal only the county’s
determination about the accuracy and/or completeness of the data.
B. The requirements for filing an appeal are set forth in Minnesota Rules Section 1205.1600.
X. CONSEQUENCES FOR NOT COMPLYING WITH THE MGDPA
A. Otter Tail County employees are to comply with Minn. Stat. §13.05, Subd. 5, and only access data that is
private or confidential if their work assignment reasonably requires access to the data and it is only
accessed for purposes specific to the work assignment. Additionally, pursuant to the Driver’s Privacy
Protection Act (DPPA), Driver and Vehicle Services (DVS) and the Bureau of Criminal Apprehension (BCA)
databases are only to be used for official government-related and law-enforcement related purposes.
B. Pursuant to Minn. Stat. § 13.08, a government entity and employees may be sued for violating MGDPA.
C. Minn. Stat. § 13.085 provides an administrative process to compel compliance with MGDPA.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
22
D. Minn. Stat. § 13.09 provides criminal penalties and disciplinary action as extreme as dismissal from
public employment for anyone who willfully (knowingly) violates MGDPA.
XI. WHERE MORE INFORMATION CAN BE FOUND
A. Minnesota Statutes Chapter 13 is found on the website of the Revisor of Statutes at:
www.leg.state.mn.us/leg/statutes.asp
B. Minnesota Rules, Chapter 1205, is found on the website of the Revisor of Statutes at:
www.revisor.leg.state.mn.us/arule/1205
C. Responsible Authority John Dinsmore, Otter Tail County Administrator, at 218-998-8060 or
jdinsmor@co.ottertail.mn.us
XII. OTHER PROTECTED DATA
A. The Driver’s Privacy Protection Act (DPPA) prevents the release and use of certain personal information
from State motor vehicle records. It is permissible for an employee to access this information for work
purposes. The DPPA establishes criminal fines for non-compliance and establishes a civil cause of action
for drivers against those who unlawfully obtain personal information. See also 18 U.S. Code § 2721.
B. The Health Insurance Portability and Accountability Act (HIPAA) provides data privacy and security
provisions for safeguarding medical information. More information can be found at the U.S.
Department of Health and Human Services.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
23
APPENDIX A
Office/Department Responsible Authority and Designees
County Attorney Michelle Eldien, County Attorney
Otter Tail County Courthouse
121 W. Junius Ave.
Fergus Falls, MN 56537
218-998-8400
meldien@co.ottertail.mn.us
County Auditor-Treasurer Wayne Stein, County Auditor-Treasurer
Government Services Center
510 W. Fir Ave.
Fergus Falls, MN 56537
218-998-8030
wstein@co.ottertail.mn.us
County Recorder Lynn Larson, County Recorder
Government Services Center
565 Fir Ave. W.
Fergus Falls, MN 56537
218-998-8140
LLarson@co.ottertail.mn.us
Sheriff Barry Fitzgibbons, County Sheriff
Designee: Reed Reinbold, Chief Deputy
Sheriff’s Office
County Courthouse
417 Court St. S.
Fergus Falls, MN 56537
218-998-8555
bfitzgib@co.ottertail.mn.us
Health & Wellness Lynne Penke Valdes, Deputy County Administrator
Government Services Center
520 Fir Ave. W.
Fergus Falls, MN 56537
218-998-8060
lvaldes@co.ottertail.mn.us
Designees:
• Human Services Department
Deb Sjostrom, Director of Human Services
Government Services Center
530 Fir Ave. W.
Fergus Falls, MN 56537
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
24
218-998-8150
dsjostrom@co.ottertail.mn.us
• Probation Office
Michael Schommer, Probation Director
Otter Tail County Courthouse
121 Junius Ave. W.
Fergus Falls, MN 56537
218-998-8500
mschomme@co.ottertail.mn.us
• Public Health Department
Jody Lien, Public Health Director
Government Services Center
560 Fir Ave. W.
Fergus Falls, MN 56537
218-998-8320
jlien@co.ottertail.mn.us
• U of MN - Extension Office
Cecelia Amadou, Regional Extension Director
505 S. Court St.
Fergus Falls, MN 56537
218-998-8760
• Veterans Services Office
Jim Olson, Veterans Services Officer/Director
Veterans Service
South Court Building
505 S. Court St., Suite 2
Fergus Falls, MN 56537
218-998-8605
jolson@co.ottertail.mn.us
All other County Offices Nicole Hansen, County Administrator/Human Resources Director
Government Services Center
520 W. Fir Ave.
Fergus Falls, MN 56537
218-998-8070
nhansen@co.ottertail.mn.us
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
25
Designees:
•Assessor’s Office
Kevin Scheidecker, County Assessor
Government Services Center
505 W. Fir Ave.
Fergus Falls, MN 56537
218-998-8010
kscheide@co.ottertail.mn.us
•Emergency Management
Patrick Waletzko, Emergency Manager/Safety Program Liaison
Government Services Center
520 W. Fir Ave.
Fergus Falls, MN 56537
218-998-8060
pwaletzk@co.ottertail.mn.us
•Facilities
Terry Hoff, Physical Plant Manager
555 W. Fir Ave.
Fergus Falls, MN 56537
218-998-8661
thoff@co.ottertail.mn.us
•Geographic Information Systems
Martin Mollenhauer, Spatial/Address Coordinator
Government Services Center
525 W. Fir Ave.
Fergus Falls, MN 56537
218-998-8310
mmollenh@co.ottertail.mn.us
•Highway Administration
Charles Grotte, County Engineer
South Court Building
505 S. Court St.
Fergus Falls, MN 56537
218-998-8470
cgrotte@co.ottertail.mn.us
•Information Technology
Rick Kelsven, Information Technology Director
Government Services Center
520 W. Fir Ave.
Fergus Falls, MN 56537
218-998-8120
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
26
rkelsven@co.ottertail.mn.us
• Land and Resource Management
Chris LeClair, Land and Resource Director
Government Services Center
540 Fir Ave. W.
Fergus Falls, MN 56537
218-998-8095
cleclair@co.ottertail.mn.us
• Solid Waste Department
Chris McConn, Solid Waste Director
Solid Waste Facility
115 North Tower Rd
Fergus Falls, MN 56537
218-998-4898
cmcconn@co.ottertail.mn.us
Data Compliance Officer Michelle Eldien, County Attorney
Otter Tail County Courthouse
121 W. Junius Ave.
Fergus Falls, MN 56537
218-998-8400
meldien@co.ottertail.mn.us
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
27
Appendix B
THE NOTICE OF RIGHTS TENNESSEN WARNING
Minnesota Statutes § 13.04, Subdivision 2
• Notice must be given when an individual is asked to supply private or confidential data
concerning self.
• Statements must be included from the individual that inform the individual the following:
1. Why the data is being collected and how the entity intends to use the data;
2. Whether the individual may refuse or is legally required to supply the data;
3. Any consequences to the individual either supplying or refusing to supply the data; and
4. The identity of other persons or entities authorized by law to receive the data.
• Giving the notice allows the County to obtain private or confidential data on individuals that
may be collected, stored, and used as described in the notice without liability to the entity.
• Consequences of not giving the notice are that private or confidential data on individuals
cannot be collected, stored, used or released for any purposes other than those stated in the
notice unless:
o The individual subject of the data gives informed consent;
o The Commissioner of Administration gives approval;
o A state or federal law subsequently authorizes o requires the new use or release; or
o A Court order is issued to authorize release.
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
28
Appendix B (cont.)
“NOTICE OF RIGHTS”
SAMPLE FORMAT FOR TENNESSEN WARNING
The Data Practices Act requires Otter Tail County to inform you of your rights as they pertain to
private data collected from you and about you. Some of the personal data we collect from you
is private data. Access to this data is available only to you, the agency collecting the data, or
other statutorily authorized agencies unless you or a court authorizes its release. This warning
is given in accordance with Minnesota Statute § 13.04, Subd. 2.
The following must be completed:
The Data Practices Act requires that you be advised the following data that you are asked to
provide is considered private data:
The purpose and intended use of the requested data is:
Authorized persons or agencies with whom this data may be shared include:
Furnishing the above data is voluntary, but refusal to supply the requested data will mean:
Name
Date
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
29
Appendix C
Non-Disclosure Agreement
1. General Description of the private or confidential data which is being used to prepare summary
data:
2. Purpose for which summary data is being prepared:
3. I, , representing have requested the
data described above and for the purposes stated and fully understand that I may be subject to the
civil or criminal penalty provision of the Minnesota Data Practices Act in the event that the private
or confidential data is disclosed.
Minn. Stat. §13.09: Any person who willfully violates the provisions of Minnesota Statutes Chapter
13, or any rules adopted or regulation promulgated thereunder is guilty of a misdemeanor. Any
willful violation of Minnesota Statutes Chapter 13 by any public employee constitutes just cause for
suspension without pay or dismissal of the public employee.
Requestor of Data Date
Responsible Authority/Designee Date
Minnesota Government Data Practices Act - County Policy
Adopted by the County Board on 9-1-2015; Adopted as updated on 5-09-2017
30
Appendix D
Fee Schedule
Inspection of the documents is free, but there is a charge of 25 cents per page for black and
white copies or computer print-outs. See the Otter Tail County Fee Schedule for other data
requests.
The Otter Tail County Fee Schedule can be found at:
http://www.co.ottertail.mn.us/1098/Ordinances-Policies