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10 Section II: MGDPA Summa • Pursuant to Minnesota Statutes section 13.05, subdivision 6, if a person receives 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. • Pursuant to Minnesota Statutes section 13.05, subdivision 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 contractor must comply with MGDPA requirements. A contractor who fails to comply maybe sued under section 13.08, civil remedies. The contract must clearly inform the contractor of these responsibilities. • Pursuant to Minnesota Statutes section 13.02, subdivision 11, if the data are collected by a nonprofit social services entity which performs services under contract to a government entity, and the data are collected and used because of that contract, access to the data is regulated by the MGDPA. • 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 contract with a government entity, the party is subject to the MGDPA to the extent specified in the contract or the licensing agreement. • • Pursuant to Minnesota Statutes section 13.46, persons contracting with portions of the welfare system may be subject to the MGDPA because of the contract. The Courts and the Legislature are not subject to the MGDPA. What is the data classification system and how does it regulate access to data? One important way in which the MGDPA regulates access to government data is by establishing a system of data classifications that define, in general terms, who is legally authorized to access the data. The classification system consists of three categories of data. Each data category contains three data classifications. Every data element must fall into one of the nine resulting classifications. See, THE MINNESOTA GOVERNMENT DATA PRACTICES ACT: DEFINITIONS AND CLASSIFICATIONS of DATA, at the end of this section. What are the categories in the data classification system? At the most basic level, the system establishes three categories of government data: • Data on individuals are any data which identify an individual (a living human being) or from which an individual can be identified. • Data not on individuals are data that do not identify individuals. They include data about legally created persons such as business entities, as well as administrative, policy and financial information maintained by government entities. Data not on individuals also include: • Private or confidential data which have been stripped of any data that would identify an individual; • Data about an individual that are collected or created after that individual's death; and July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data