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26 Section III: Duties Relating to Public Access <br />• What is the appropriate response if the requested data are not public? <br />If the entity determines that the requested data are not public, it must inform the requestor. This <br />may be done orally at the time of the request, or may be done in writing as soon as possible after <br />the request is made. <br />When informing the requestor, the entity must cite the specific statutory section, temporary <br />classification or specific provision of federal law that classifies the data. Making a general <br />statement such as, "We can't give you the data because of the data privacy act," is not an <br />appropriate response. The entity must cite the specific section of law (such as Minnesota <br />Statutes section 13.43) which classifies the data as not public. <br />If the requestor asks for a written certification that the request has been denied, the entity must <br />provide the certification, citing the specific statutory section, temporary classification or specific <br />provision of federal law upon which the denial was based. <br />What is the appropriate response if the data are public? <br />If the entity determines that the data are public, it must provide the data to the requestor, <br />regardless of who the requestor is or the reason for requesting the data. <br />What limits may an entity place upon access to the requested data? <br />The entity may limit access to data to reasonable times and places -- for example, during normal <br />work hours, on certain days, at designated times for certain types of requests, at press <br />• conferences, or at negotiated times and/or locations. <br />What are the entity's obligations if asked to explain the data provided? <br />The entity must explain the meaning of the data provided if the requestor asks for an explanation. <br />This includes explaining the meaning of technical terminology, abbreviations, words or phrases. <br />The explanation must be provided in an understandable way. When providing explanations for <br />non-English speakers or for persons with hearing or vision impairments, the entity may need to <br />provide an appropriate interpreter. <br />May an entity refuse to provide copies of public data? <br />An entity may not refuse a request for copies of public data. If copies cannot be provided at the <br />time of request, they must be supplied as soon as reasonably possible. If copies are requested in <br />electronic form, and the entity maintains the data in electronic form, the data must be provided in <br />electronic form. <br />May an entity assess a fee for separating public from not public data? <br />No. <br />.] <br />July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data <br />