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House Research Department Updated: July 2010 <br />Minnesota Government Data Practices Act: An Overview Page 4 <br /> <br /> <br /> <br />Classifications of Data Under the Minnesota Government Data Practices Act <br />Type of Data Subject of Data <br />(individual or entity) <br />Access (to whom <br />data are available <br />now) <br />When Data Become Available <br />to Public <br />General Rule Individual, business, or <br />other entity <br />Public Upon creation or receipt of the <br />data <br />Private Data Individual Individual who is the <br />subject of the data <br />(1) Immediately with consent of <br />data subject, or <br />(2) The later of 30 years after <br />creation or ten years after death <br />of the subject <br />Confidential <br />Data <br />Individual Government entity <br />only <br />The later of 30 years after <br />creation or ten years after death <br />of the subject <br />Nonpublic Business or other entity Business or entity <br />that is the subject of <br />the data <br />(1) Immediately with consent of <br />data subject, or <br />(2) Ten years after creation or <br />receipt (unless agency determines <br />not in public interest) <br />Protected <br />Nonpublic <br />Business or other entity Government entity <br />only <br />Ten years after creation or receipt <br />(unless agency determines not in <br />public interest) <br /> <br /> <br />Data Classification Changes <br />In general, data retains the classification provided in statute even if it is transferred from one <br />entity to another. The act contains provisions on when the original classification of various <br />types of data changes. <br />Statutes and Rules <br />on Particular Data <br />A particular data classification changes (1) if a specific statute so <br />provides, or (2) if change is required by judicial or administrative rules <br />of procedure. Access to data is controlled by the law at the time of the <br />request, regardless of the law when the data were collected or created. <br />(Minn. Stat. § 13.03, subds. 4 and 9) <br />Data on Entities All nonpublic and protected nonpublic data, except for security <br />information,1 become public either: <br /> <br />1 “Security information” means government data whose disclosure would jeopardize the security of <br />information, possession, individuals, or property against theft, improper use, temporary, attempted escape, illegal <br />disclosure, trespass, or physical injury. Minn. Stat. § 13.37, subd. 1, para (a).