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House Research Department Updated: July 2010 <br />Minnesota Government Data Practices Act: An Overview Page 5 <br /> <br /> <br />• ten years after the government agency created it, or <br />• ten years after the government agency received it, unless the <br />agency decides that reclassification would do more harm than <br />benefit to the public or data subject. Anyone who objects to this <br />decision may bring a district court action for release of the data. <br />(Minn. Stat. § 13.03, subd. 8) <br />Data on Decedents When an individual who was the subject of government data dies, data <br />on the individual changes classification as follows: <br />• Data that were private or confidential during the individual’s <br />lifetime become public ten years after the actual or presumed death <br />and 30 years after creation of the data. An individual is presumed <br />dead 90 years after the individual’s birth or the creation of the <br />data, whichever is earlier. The presumption does not apply if <br />evidence shows the individual is still living. (Minn. Stat. § 13.10, <br />subd. 2) <br />• The representative of the decedent’s estate or a trustee appointed in <br />a wrongful death action may exercise the data subject rights <br />conferred on the decedent by the act. Nonpublic data concerning a <br />decedent created or collected after death are accessible to this <br />representative. Any person may bring an action in district court to <br />obtain release of private or confidential data on a decedent. (Minn. <br />Stat. § 13.10) <br />Data in Archives When government data are transferred to the state archives, whether <br />the data relate to individuals or entities, they are no longer classified as <br />anything other than public. Transfer of data, and its subsequent access <br />and use are determined by the statute governing the state archives, <br />Minnesota Statutes, section 138.17. (Minn. Stat. § 13.03, subd. 7) <br />Commissioner of Administration’s Duties <br />The Commissioner of Administration has three major responsibilities under the act as it applies <br />to all government entities: (1) issue rules to implement and enforce the act; (2) issue temporary <br />data classifications as appropriate; and (3) issue advisory opinions as requested. <br />Rulemaking Rules must be adopted under the Administrative Procedures Act. Rules <br />may not alter the statutory provisions on the rights of data subjects. The <br />rules are codified at Minnesota Rules, chapter 1205. (Minn. Stat. § <br />13.07)