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33 Section IV: Duties Relating to Right of Subjects • MODEL INFORMED CONSENT FOR THE RELEASE OF GOVERNMENT DATA Also see the document, YOUR RIGHTS AS THE SUBJECT OF GOVERNMENT DATA, at end of Section VI. To actualize these rights, the MGDPA requires that the entity and the data subject each take certain actions. This section describes these actions by discussing four points at which they intersect: • When the data are collected; • When the data are used or released by the entity; • When the individual exercises the right to access data about herself or himself; and • When the data subject challenges accuracy and/or completeness of the data. An important note about who may exercise the rights of the individual Minnesota Rules, part 1205.0200, subpart 8, defines an individual as a living human being. Pursuant to section 13.02, subdivision 8, of the MGDPA, every individual is presumed competent to exercise all of the rights established by the MGDPA. In the case of individuals who are under the age of eighteen, the MGDPA defines "individual" to • include a parent or guardian, or someone who is acting as a parent or guardian in the absence of a parent or guardian. This means that a minor is presumed to be competent to exercise her/his rights under the MGDPA and so are her/his parent(s) or guardian(s). An entity must presume that a parent may exercise the rights of the minor unless the responsible authority is provided with evidence that a court order specifically directs otherwise. Such court orders include those relating to divorce, separation or custody, and the termination of parental rights. Any other legally binding instrument may bar a parent from exercising the minor's rights. In some cases, a minor may have a legally appointed guardian who will be able to provide proof of appointment. In other instances, someone may be acting as a parent or guardian of the minor because the parent or guardian is absent. In that case, the entity must establish, based on knowledge of the particular situation, whether the person may exercise the rights of the minor. Given various social and legal factors -- such as the existing variety of custody arrangements, blended families, etc. -- there may be more than one or two adults who are considered parents or guardians under the MGDPA. In the case of individuals who have been judged to be legally incompetent, the MGDPA permits the individual's legally appointed guardian to exercise that individual's rights. A guardian wishing to exercise these rights must provide proof of legal guardianship in order to do so. Actions at the point of data col%ction July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data