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CCAgenda_05Apr27
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CCAgenda_05Apr27
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38 Section IV: Duties Relating to Right of Subjects <br />The data subject has the right to ask and be told whether the entity maintains data about <br />her/him, and whether those data are classified as public, private or confidential. <br />To exercise this right, the subject must make a request to the responsible authority for the entity <br />or to a designee as specified in the public document required pursuant to 13.05, subd. 1. The <br />entity may require that the request be in writing, including by letter, facsimile and e-mail <br />transmission, and may require the use of a form designed for this purpose. <br />The entity may require the individual to provide identification in order to confirm that s/he is the <br />subject of the data. <br />Criteria for deciding whether to require written data requests, or the use of a form, include the <br />process established by the entity for handling data requests, the frequency of requests, the <br />magnitude of a request or requests, and the sensitivity of data requested. <br />An entity requiring the use of a form must design the form so that it complies with the <br />requirements described in this section, and must establish how it will provide guidance to the <br />data subjects in using the form. <br />The entity must respond to such a request immediately, if possible, or within ten working days. <br />Response includes informing the individual that s/he is the subject of data maintained by that <br />entity and how those data are classified. It is important to note that, even though individuals <br />cannot access confidential data about themselves, they do have the right to know whether <br />• confidential data are maintained by the entity. <br />The data subject has the right to see all public and private data about her/himself. <br />To exercise this right, the subject must make a request to the responsible authority, or the <br />appropriate designee, as specified by the entity. The entity may require that the request be in <br />writing, and may require the use of a form for this purpose as discussed above. <br />The entity may require the individual to provide identification in order to confirm that s/he is the <br />subject of the data, and may require staff to be present at inspection in order to physically protect <br />the data. <br />The entity must let the subject view the data immediately, if possible, or within ten working days <br />of receiving the request, excluding Saturdays, Sundays and legal holidays. Inspection times and <br />locations may be reasonably limited. <br />If the subject has requested data that are not accessible to him/her, the entity must inform the <br />individual of this fact at the time of the request, and must cite the specific section of state or <br />federal law that gives the entity the authority to withhold the data from the subject. <br />The data subject is entitled to see all public and private data which the entity maintains about <br />him or her, but is not entitled to gain access to private or confidential data about other people <br />which may appear in the records or files. The entity is required to determine what information <br />• relates to which person so that it may lawfully comply with requests for access to the data. The <br />July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data <br />
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