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CCAgenda_05Apr27
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CCAgenda_05Apr27
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52 Section IV: Duties Relating to Right of Subjects <br />• MODEL <br />INFORMED CONSENT FOR THE RELEASE OF GOVERNMENT DATA <br />For Government Entities Subject to the Minnesota Government Data Practices Act <br />History and Purpose of This Consent Form <br />This model consent form was prepared by the Information Policy Analysis Division of the Minnesota <br />Department of Administration at the direction of the Legislature (1994 Laws of Minnesota, Chapter 647, <br />Article 3, Section 8). The purpose of this consent form is to provide government entities in Minnesota with a <br />vehicle for sharing information about individuals which complies with the requirements of state and federal <br />laws that regulate access to government data. <br />When to Use This Consent Form <br />A consent form must be completed in order to disseminate private data on individuals when a) the release of <br />the data is necessary to administer or manage a legally authorized program and b) one of the following <br />conditions applies: <br />• The data subject was not given a Tennessen warning notice when the data were collected from that <br />subject. (See below for an explanation of the Tennessen warning notice .) <br />• The release of the data is for a purpose or to a recipient which was not included in the Tennessen warning <br />notice . <br />• A Tennessen warning notice was not given because the data were not collected from the data subject. <br />• In other situations where the consent of the data subject is required in order to release data about that <br />• subject. <br />These requirements are established by the Minnesota Government Data Practices Act (MGDPA), which is <br />Chapter 13 of Minnesota Statutes. The MGDPA regulates the collection, creation, maintenance, use and <br />dissemination of all data maintained by government entities in Minnesota and classifies data on individuals <br />as public, private or confidential data. The MGDPA regulates access to private data on individuals as <br />follows. <br />Minnesota Statutes section 13.02, subdivisions 8 and 12, define private data on individuals as data that are <br />not available to the public but that are available to the subject of the data and to the parents of the data <br />subject if the subject is a minor. Minnesota Rules, part 1205.0400, permits access by those within the <br />collecting entity whose work assignments reasonably require access. <br />The MGDPA establishes several controls on the collection, use and dissemination of private data. Section <br />13.05, subdivision 3, limits the collection, use, storage and dissemination of private data on individuals to <br />that necessary to administer and manage programs authorized by state or local government or mandated by <br />the federal government. <br />July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data <br />
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