CCAgenda_05Apr27 - Laserfiche WebLink

Home Browse Search

53 Section IV: Duties Relating to Right of Subjects Section 13.04, subdivision 2, requires that government entities give a notice to an individual whenever the • entity asks the individual to provide private or confidential data about her/hi mself. The notice is called a Tennessen warning notice . The notice must state 1) the purpose and intended use of the data being collected, 2) whether the individual may refuse to supply the data or is required by law to supply the data, 3) the consequences of either supplying or refusing to supply the information, and 4) the identities of all those who are authorized by law to access the data. Section 13.05, subdivision 4, limits the subsequent use and dissemination of private or confidential data, collected from an individual, to what was described in the Tennessen warning notice. If the entity wishes to use or release the data in a way not communicated in the Tennessen warning notice, this statutory section requires the entity to obtain the individual's informed consent. The standards for obtaining an informed consent are set out at Minnesota Statutes section 13.05, subdivision 4(d) and Minnesota Rules, part 1205.1400. (In lieu of obtaining informed consent from the data subject, an entity may use or disseminate private data for a new purpose with the approval of the Commissioner of the Minnesota Department of Administration pursuant to Minnesota Statutes section 13.05, subd. 4(c) and Minnesota Rules, part 1205.1400.) This model consent form meets all of the above standards and, as a general rule, may be used by any entity or person who is subject to the MGDPA. Entities may tailor this form to accommodate their specific needs; however, if alterations to the language on this form are significant, an informed consent obtained by using • the altered form may fail to meet legal requirements. (For example, some members of family services collaboratives would like a consent form that requires completion only once and which accommodates all possible releases of data between or among a number of entities. Suggestions have included designing a check off system consisting of various boxes that represent entities and types of data. Although such a form might be convenient for entities that routinely share varying types of private data with other entities, it likely would not meet the legal standards for an informed consent.) This consent form is not appropriate for use in situations where the specific form and content of an informed consent are dictated bylaw. (For example, see Minnesota Statutes section 13.05, subdivision 4(a) (1)-(7).) CONSULT YOUR LEGAL ADVISOR BEFORE USING THIS OR ANY OTHER CONSENT FORM. This is especially important where use of the consent form may present issues of compliance with other laws such as the Americans with Disabilities Act, or with the requirements relating to the release of data about minor children. The model form, appearing on the next page, is addressed to the data subject. Instructions to government entities for completing the form appear on its reverse. July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data