Laserfiche WebLink
House Research Department Updated: July 2010 <br />Minnesota Government Data Practices Act: An Overview Page 6 <br /> <br /> <br />Temporary <br />Classifications <br />The act allows a state agency, statewide system, or political <br />subdivision to apply to the Commissioner of Administration for a <br />temporary data classification, which remains in effect until the <br />legislature has had the opportunity to act on a proposed statute that <br />would codify the classification permanently into law. The application <br />for the classification is public. (Minn. Stat. § 13.06, subd. 1) <br />The application must establish that no existing statute classifies the <br />data in question and either: <br />(1) similar data has been classified as not public in the hands of <br />other government entities; or <br />(2) public access to the data would make a program <br />unworkable. <br />The applicant must also establish that there is a compelling need for <br />immediate classification so as not to adversely affect the health, safety, <br />or welfare of the public, or the well-being or reputation of the data <br />subject. (Minn. Stat. § 13.06, subd. 3) <br />If the commissioner determines that a particular classification request <br />by one government agency should reasonably apply to similar data <br />held by all similar agencies, the commissioner has the power to grant <br />the classification to all appropriate agencies. (Minn. Stat. § 13.06, <br />subd. 4) <br />An application may be withdrawn by the requesting government entity <br />prior to the commissioner granting or disapproving the application. A <br />withdrawal request must be made in writing and state the reason the <br />temporary classification is no longer necessary. (Minn. Stat. § 13.06, <br />subd 4a) <br />Once an application has been received by the commissioner, the data <br />have the requested classification for 45 days or until the commissioner <br />acts on the application, whichever is first. (Minn. Stat. § 13.06, subd. 1) <br />If the commissioner denies an application, he or she must explain why. <br />A rejected application may be amended and resubmitted once for any <br />single file or system. (Minn. Stat. § 13.06, subd. 5) <br />If approved, a temporary classification is effective immediately and <br />must be submitted to the legislature in bill form the next year. It also <br />must be submitted to the attorney general for review for form and <br />legality. A temporary classification expires August 1 of the year after it <br />is submitted to the legislature, unless otherwise enacted into law by <br />that time. During the period a temporary classification is in effect, the <br />responsible authority of a government entity may request approval <br />from the commissioner for a new or different use or dissemination of <br />the data. (Minn. Stat. § 13.06, subds. 6a and 7)