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44 Section IV: Duties Relating to Right of Subjects <br />• How to Determine Whe <br />ther a Government Entity May <br />Lawfully Collect, Store, Use and Release Data on Individuals <br />Before collecting or storing any data on individuals, a government entity must ask: <br />Q: Is the collection or storage necessary for the administration and management of a <br />program specifically authorized by the Legislature or local governing body, or mandated <br />by the federal government? Has the relevant enabling authority been identified? <br />A: No -- The data may not be collected or stored <br />A: Yes- Proceed to the next question. <br />Q: Is the government entity asking an individual to supply private or confidential data about <br />herself or himself? <br />A: No -- The data may be collected without a Tennessee warning notice <br />A: Yes - A Tennessee warning notice must be given before the data are collected <br />Before using or releasing any data on individuals, a government entity must ask: <br />Q: Are the data classified as private or confidential data on individuals? <br />A: No -- The data are public and may be used or released <br />A: Yes - Proceed to the next question <br />• Q: Is the use or release necessary for the administration and management of a program <br />specifically authorized by the Legislature or local governing body, or mandated by the <br />federal government? <br />A: No -- The data may not be used or released <br />A: Yes- Proceed to the next question <br />Q: Was a Tennessee warning notice required when the data were collected? <br />A: No -- Use or release the data <br />A: Yes- Proceed to the next question <br />Q: Was the data subject informed (in a Tennessee warning notice) that the data would be <br />used or released for this purpose? <br />A: Yes - Use or release the data <br />A: No -- If the data are confidential, the data may not be used or released <br />-- If the data are private, the data subject's informed consent must be obtained <br />before releasing or using the data. (See also Minnesota Statutes section <br />13.05, subdivision 4, for alternative authorities for use and release of private <br />data.) <br />July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data <br />