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46 Section IV: Duties Relating to Right of Subjects HOW THE MINNESOTA GOVERNMENT DATA PRACTICES ACT CONTROLS ACCESS TO PRIVATE DATA ON INDIVIDUALS This document explains, generally, when private data about an individual lawfully may be used or released and who has the right to access private data. The Minnesota Government Data Practices Act (MGDPA), which is Chapter 13 of Minnesota Statutes, regulates access to government data. One way the MGDPA does this is by classifying data in ways that define who is legally authorized to see the information. For example, Minnesota Statutes section 13.43 classifies certain personnel data as private data on individuals. Generally, private data may be accessed only by: • the data subject • staff of the entity whose work assignments reasonably require access (need to know) • any person or entity authorized by law to access the data • anyone who has the permission of the data subject • anyone who has a court order to access the data (See section 13.02, subdivision 12; section 13.05, subdivision 9; and Minnesota Rules, part 1205.0400.) The MGDPA also controls access to private data by permitting disclosure of the data only if necessary to carry out a program or function specifically authorized by state or federal law. (Section 13.05, subdivision 3.) This authority may be explicitly established by law or it may be implied. A third control is found in section 13.04, subdivision 2, which requires a government entity to give a notice whenever it asks an individual to supply private data about himself or herself. This notice is called a Tennessen warning and it must inform the individual of the following: • Why the data are being collected and how the entity intends to use the data; • Whether the individual may refuse or is legally required to supply the data; • Any consequences to the individual of either supplying or refusing to supply the data; and • Who else is authorized by law to receive the data. Although the MGDPA does not require the Tennessen warning notice to be in writing, many entities include this notice on the forms used to collect information about individuals. Last, section 13.05, subdivision 4, prohibits the use and release (dissemination) of private data for any purpose that was not stated in the Tennessen warning notice, unless • the data subject has given permission (informed consent) • a law allowing the new use or release is enacted after the data have been collected, or • the new use or release is approved by the Commissioner of the Minnesota Department of • Administration. ~uiy, luuu Model Policy: Access to Government Data & Rights of Subjects Data