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CCAgenda_05Apr27
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CCAgenda_05Apr27
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24 Section III: Duties Relating to Public Access <br />• SECTION III <br />DUTIES OF THE RESPONSIBLE AUTHORITY: <br />ACCESS TO GOVERNMENT DATA BY <br />MEMBERS OF THE PUBLIC <br />The Minnesota Government Data Practices Act gives every member of the public the right to see <br />and have copies of all public data kept by government entities. The MGDPA also places upon <br />government entities various obligations relating to this right. <br />The rights and obligations described in this section do not apply to the right of a data subject to <br />access data about herself or himself. These rights and obligations are described in Sections IV <br />and VI. <br />What is the most basic requirement for properly responding to a data request? <br />In order to properly respond to requests for government data, each government entity must <br />identify the types of data it maintains and to determine how each type of data is classified. (See <br />How does one know how data are classified in Section II.) <br />Minnesota Statutes section 13.05, subdivision 1, specifically requires each entity to prepare a <br />public document that identifies these data categories and classifications for data on individuals. <br />Entities are not required to prepare a public document for data not on individuals. <br />• The public document must contain the name title and addre ' <br />ss of the entity s responsible <br />authority. Forms that are used by the entity to collect private and confidential data on <br />individuals must be included in the document. The document must be updated annually. See <br />Minnesota Rules, parts 1205.1200, and 1205.2000, subpart 5, an advisory form for the public <br />document. <br />Are there other requirements relating to access to government data by the public? <br />Minnesota Statutes section 15.17, the Official Records Act, requires all government entities to <br />make and maintain all records that are necessary to a full and accurate knowledge of their official <br />activities. This requirement exists so that the public understands the actions taken by <br />government, and the reasons for those actions. Section 13.03, subdivision 1, of the MGDPA <br />requires government entities to keep records that contain government data in a way (or ways) <br />that makes the data easily accessible for convenient use. <br />Who can make a data request? <br />Anyone may exercise the right to access public government data by making a data request. <br />To whom must a data request be made? <br />A data request must be made to the responsible authority or to the appropriate designee(s) <br />specified in the entity's public document. <br />July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data <br />
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