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34 Section IV: Duties Relating to Right of Subjects • What controls are placed on the collection and storage of data on individuals? Government entities may collect and store public, private and/or confidential data on individuals only if necessary to administer or manage a program that is authorized by state law or local ordinance, or mandated by the federal government. An entity may not collect or store any data on individuals without proper legal authority, either express or implied. What actions must an entity take before collecting and storing data on individuals? Each entity must identify its specific legal authority(ies) for collecting and storing public, private or confidential data on individuals. It also must determine what types of data on individuals it collects or stores and how those data are classified. The entity also must identify its specific legal authority(ies) for using and disseminating private and confidential data on individuals. These determinations are critical to complying with the Tennessen warning notice requirements, and providing data subjects with other rights, as discussed below. The determinations also provide information that must be included in the public document required by Minnesota Statutes section 13.05, subdivision 1. What is a Tennessen warning notice? Whenever an entity asks an individual to provide private or confidential data about her/himself, the entity must give that individual anotice -- sometimes called a Tennessen warning. See the document, THE TENNESSEN WARNING NOTICE, at the end of this section. • What must be included in the notice? The Tennessen warning notice must inform the individual o£ • The purpose and intended use of the data. This is why the data are requested and how they will be used within the collecting entity; • Whether the individual may refuse or is legally required to supply the data. The subject has the right to know whether or not s/he is required by law to provide the data requested; • Any consequences to the individual of either supplying or refusing to supply the data. The entity is required to state the consequences known to the entity at the time when the notice is given; and • The identity of other persons or entities that are authorized by law to receive the data. The notice must specifically identify recipients that are know to the entity at the time the notice is given. When must the Tennessen warning notice be given? The Tennessen warning notice is given at the point of data collection. The notice must be given whenever: • A government entity requests data; • The data are requested from an individual; • The data requested are private or confidential; and • The data are about the individual from whom they are requested. All four of these conditions must be present before a Tennessen warning notice must be given. July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data