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56 Section IV: Duties Relating to Right of Subjects <br />Consent Requirements Specific to Family Services Collaboratives <br />Outlined below are the conditions under which a consent is needed in order to share client data <br />among members of a family services collaborative. These requirements are established by <br />Minnesota Statutes section 124D.23. <br />Collaborative members that are subject to the MGDPA: <br />• County social services entities, schools or public health entities in the same <br />collaborative: <br />If you are a county social services entity or a public health entity, you do not need to <br />secure the client's consent in order to inform each other whether you are serving an <br />individual or family. As a general rule, however, you must obtain the client's informed <br />consent in order to release any other client data to anyone else, including other members <br />of the collaborative. (Check with your legal advisor or data practices advisor to <br />determine whether a state or federal law requires or permits your entity to release the <br />data. If this authority exists, you do not need to obtain the client's consent.) <br />If you are a school district, you may not, as a general rule, release any information <br />about a student to anyone else, including other members of the collaborative, unless 1) <br />the data have been designated as directory information in compliance with the policies <br />and procedures that the federal Family Educational Rights and Privacy Act of 1974 <br />(FERPA) requires school districts to follow, or 2) the parent (or the student, if the <br />student is 18 years of age) has consented to the release. (Your district's policies and <br />procedures, or legal advisor, should be consulted for specific guidance about releasing <br />data about students or their families.l <br />• Other members of the collaborative: <br />You do not need to obtain the client's consent form to release client data to someone <br />within your entity who has been identified by the entity as needing the data in order to <br />do her/his job. As a general rule, however, you must obtain the client's informed <br />consent in order to release any client data to anyone else, including other members of <br />the collaborative. (Check with your legal advisor or data practices advisor to determine <br />whether a state or federal law requires or permits your entity to release the data. If this <br />authority exists, you do not need to obtain the client's consent.) <br />• Collaborative members that are not subject to the MGDPA: <br />You may collect and use client data as permitted by laws, codes of professional conduct, <br />ethical standards, bylaws that are applicable to your entity, and in ways that are consistent <br />with the promises made to clients. Consult your entity's policies and procedures, or legal <br />advisor, before collecting or releasing client data. <br />July, 2000 Model Policy: Access to Government Data & Rights of Subjects Data <br />