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CCAgenda_05Apr27
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CCAgenda_05Apr27
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5 Section I: Introduction <br />SECTION <br />INTRODUCTION <br />Why was this model written? <br />In Chapter 250, Section 41 of the 1999 Minnesota Session Laws, the Legislature directed the <br />Commissioner of Administration to A...prepare model policies and procedures to assist <br />government entities in complying with the requirements of [Chapter 13, the Minnesota <br />Government Data Practices Act] that relate to public access to government data and rights of <br />subjects of data. <br />The Legislature further directed that the model be prepared in consultation with affected <br />government entities and that the completed model be offered to these entities to either adopt or <br />reject. In response to these directives, the Information Policy Analysis Division of the <br />Minnesota Department of Administration prepared this model policy. <br />What is the purpose of this model? <br />The Minnesota Government Data Practices Act (MGDPA) sets out certain requirements relating <br />to the right of the public to access government data and the rights of individuals who are the <br />subjects of government data. These are key and fundamental components of the MGDPA, and <br />are the two components which provoke the greatest number of questions. <br />The purpose of the model is to explain, in a practical way, what the MGDPA requires of each <br />• government entity as it establishes its own specific data practices policies and procedures. <br />Portions also are intended to be useful to anyone seeking access to public data and to individuals <br />who are the subjects of government data. <br />What is the scope of this model? <br />This model provides direction in complying with those portions of the MGDPA that relate to <br />public access to government data and to the rights of subjects of data. Although the MGDPA <br />establishes other requirements, they are not discussed here. For further information on these <br />other requirements, see Chapter 13, itself, and the Rules previously adopted by the Department <br />of Administration, Minnesota Rules, Chapter 1205. <br />The public access requirements discussed in this model are: <br />• The presumption that all government data are public unless classified as not public by state <br />statute or federal law; <br />• The right of anyone to know what kinds of data are collected by the government entity and <br />how those data are classified; <br />• The right of anyone to inspect, at no charge, all public government data at reasonable times <br />and places; <br />• The right of anyone to have public data explained in an understandable way; <br />• The right of anyone to have copies of public government data at a reasonable cost; <br />July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data <br />
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