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35 Section IV: Duties Relating to Right of Subjects • When is a Tennessen warning notice not required? The notice does not have to be given bylaw enforcement officers who are investigating a crime. The notice does not have to be given to the data subject when: • the data subject is not an individual • the subject offers information that has not been requested by the entity, • the information requested from the subject is about someone else, • the entity requests or receives information about the subject from someone else, or • the information requested from the subject is public data about that subject. How does an entity decide what to include in a Tennessen warning notice? Preparation of a Tennessen warning notice begins by identifying the entity's legal authority(ies) for collecting, storing, using and releasing data on individuals. This should be done by, or in close consultation with, the entity's legal advisor. The specifics of these enabling authorities determine the reasons for collecting the data, how the data will be used, who is authorized to access the data, etc. Each notice must be "tailored" to the requirements of the specific entity, program, or data collection event for which it is being prepared. Within any given entity, it is likely that more than one notice will be needed. A model or sample Tennessen warning notice has not been included in this model policy because it is not possible to prepare one Tennessen warning notice that will cover all situations. • How does one know that a noti ~ ce is complete. In drafting the specific text of the notice, it can be helpful for the entity to pose each of the required elements in the notice as a question, and to answer each question very specifically, using the results from the research into legal authority(ies) for collecting and storing the data being requested. The answers can become the first draft of the notice. Then ask and answer the same questions from the perspective of the individual data subject(s) to whom the notice will be given, and use the responses to revise and refine the draft as necessary. When the text of the notice completely satisfies the questions of both the entity and the data subject, the notice most likely is complete and in compliance with legal requirements. What are some practical suggestions for drafting a Tennessen warning notice? In choosing words and phrasing for the Tennessen warning notice, it is hard to overemphasize the importance of using language that most people easily understand. The goal is to allow the data subject to make a meaningful decision to supply -- or not supply -- the information requested. Assuming the notice is complete and accurate, that choice can be meaningful only if the subject clearly understands what the entity communicates in the notice. Communicating the contents of the notice may require preparation of the notice in more than one language, or it may require the provision of an interpreter. The entity should ensure that the subject has the opportunity to question anything in the notice and receive a clear explanation. July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data