Laserfiche WebLink
11 Section II: MGDPA Summary <br />. Summary data, which are private or confidential data which have been stripped of any <br />data that would identify an individual, and which are used to produce statistical records <br />or reports. For information on requirements relating to summary data, see Minnesota <br />Statutes section 13.02, subdivision 19 and section 13.05, subdivision 7; and Minnesota <br />Rules, part 1205.0700. <br />• Data on decedents are data about a deceased individual which were created or collected <br />before the individual 's death. <br />What are the data classifications within each of these three categories? <br />Within each of these three categories, the MGDPA establishes three data classifications. Each <br />classification defines who is legally authorized to access data classified in that way. <br />One of the classifications in all three categories is public data. Government entities must <br />provide public data to anyone upon request, regardless of who is requesting the data or why. <br />Data in the other classifications in each category are not public. <br />Not public classifications for data on individuals are as follows. <br />• Private data on individuals are, as a general rule, accessible only by the data subject (and, if <br />the subject is a minor, by the subject's parent or guardian); by entity staff whose work <br />assignments reasonably require access; by agencies and persons that are authorized by law to <br />access the data; and by anyone with the consent of the data subject. See Sections IV and VI <br />for detailed information about who may access private data on individuals. <br />• Confidential data on individuals generally are accessible only by authorized staff of the <br />entity which maintains the data and by agencies and persons who are authorized by law to <br />access the data. See Sections IV and VI for detailed information about who may access <br />confidential data on individuals. <br />Not public classifications for data not on individuals are as follows. <br />• Nonpublic data not on individuals are not accessible to the public and are accessible to the <br />data subject, if any. Although the MGDPA is silent on this point, it is reasonable to conclude <br />that access to the data should be limited to entities or persons who have the legal authority to <br />do so, and to entity staff on a need-to-know basis. It also is reasonable to conclude that a <br />representative of the organization which is the subject of the data may access the nonpublic <br />data and may consent to its release. <br />• Protected nonpublic data not on individuals are not available either to the public or to the <br />subject of the data. Again, though not addressed by the MGDPA, it is reasonable to conclude <br />that protected nonpublic data are accessible to entities or persons who are authorized by law <br />to access the data, and to entity staff whose work assignments reasonable require access, but <br />are not accessible to the data subject. <br />Not public classifications for data on decedents are as follows. <br />• Private data on decedents are data which, before the death of the data subject, were classified <br />• as private data on individuals. Access to private data on decedents is the same as access to <br />private data on individuals. Additionally, the personal representative of the estate may <br />access the data if the estate is in probate or, if not in probate, the data are accessible to the <br />July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data <br />