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48 Section IV: Duties Relating to Right of Subjects • HOW THE MINNESOTA GOVERNMENT DATA PRACTICES ACT CONTROLS ACCESS TO CONFIDENTIAL DATA ON INDIVIDUALS This document explains, generally, when confidential data about an individual lawfully may be used or released and who has the right to access confidential 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 13.82, subdivision 5, classifies certain criminal investigative data as confidential data on individuals. Generally, confidential data may be accessed only by: • 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 a court order to access the data (See section 13.02, subdivision 3; section 13.05, subdivision 9; and Minnesota Rules, part 1205.0600.) The MGDPA also controls access to confidential data. by permitting disclosure 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 confidential 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 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 confidential data for any purpose that was not stated in the Tennessen warning notice, unless • a law allowing that use ore 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. July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data