Laserfiche WebLink
37 <br />Section IV: Duties Relating to Right of Subjects <br />• What authority does the entity have after giving a proper Tennessen warning notice? <br />Once the notice is given, the entity may lawfully use and release private and confidential data on <br />individuals, as described in the notice, without liability. <br />Can the entity use or release private or confidential data if it has not given a proper notice? <br />As a general rule, private and confidential data on individuals cannot legally be used or <br />disseminated if a proper Tennessen warning notice was not given. The Commissioner of <br />Administration has issued numerous advisory opinions on this point. See, in particular, Opinions <br />95-028, 95-035, and 98-001. <br />Does this mean that the data never can be stored, used or released if a Tennessen warning <br />notice was not given? <br />Not necessarily. If an entity needs to use or release stored data in a way or for a purpose that <br />was not included in the Tennessen warning notice, it may do so in one of these ways: <br />• Informed Consent: The entity may seek the data subject's informed consent to use or <br />release the data in the new way. Obtaining the individual's informed consent is the <br />primary way to recover from a situation where a complete or proper Tennessen warning <br />notice has not been given. See the document, MODEL INFORMED CONSENT FOR THE <br />RELEASE OF PRIVATE DATA ON INDIVIDUALS, included in this section. <br />• Subsequent law: If a federal, state or local law is passed after the notice has been given, <br />and if that law requires or permits the use or release of the data in a way that was not <br />included in the Tennessen warning notice, then the data may be used or released as <br />permitted or required by the new law. The entity also must revise the notice to reflect the <br />requirements of the new law. <br />• Old Data: Private or confidential data collected before August 1, 1975 (the effective date <br />of the Tennessen warning notice requirement), may be used and released for the reasons <br />the data were collected. These data also may be used or released for reasons of public <br />health, safety or welfare, if the entity obtains the approval of the Commissioner of <br />Administration. <br />• Special Circumstances: When it is not possible or practical to obtain the consent of the <br />data subject(s), the entity may seek the approval of the Commissioner of the Department <br />of Administration to use or release the data in a way or for a purpose that was not <br />included in the Tennessen warning notice. For example, an entity might seek approval to <br />use the data in a new way if consents would be required from hundreds or thousands of <br />people, or if the data subject(s) is/are not able to give informed consent. <br />Actions relating to the subject's right to access data about herself or himself <br />Section 13.04 of the MGDPA gives specific rights to individuals who are the subjects of <br />government data. One of these rights is the right of the data subject to access data about himself <br />or herself. <br />July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data <br />