Laserfiche WebLink
House Research Department Updated: July 2010 <br />Minnesota Government Data Practices Act: An Overview Page 11 <br /> <br /> <br />Data Subjects’ Rights <br />Individuals about whom the government has data have the following rights: <br />• to know why requested data is being collected <br />• to know whether the government has data about them <br />• to contest the accuracy and completeness of data about them <br />Data Subject <br />Warning <br />An individual asked to supply private or confidential data about <br />himself or herself (other than to law enforcement officers in an <br />investigation) must be told the intended use of the data, whether the <br />individual is legally required to provide the data, any known <br />consequences of giving or withholding the data, and which other <br />agencies or persons are authorized by law to receive the data. This <br />notice is commonly known as the “Tennessen Warning.” (Minn. Stat. § <br />13.04, subd. 2) <br />Subject’s Access to <br />Data <br />Upon request, an individual must be told whether an agency has data <br />about the individual and how the data are classified. The individual has <br />a right to see (without charge) and copy (for a fee) public or private <br />data about herself or himself immediately if possible or otherwise <br />within ten business days. The right to access may be exercised every <br />six months, or more often if more data are added or the individual is in <br />a dispute with the agency. (Minn. Stat. § 13.04, subd. 3) <br />Data Corrections An individual may contest the accuracy or completeness of public or <br />private data on the individual. The individual must describe in writing <br />the nature of his or her objections. Within 30 days the responsible <br />authority must (1) correct or complete the data and notify past <br />recipients of any error in the data, or (2) notify the subject that the <br />authority believes the data are correct. <br />The subject may appeal the responsible authority’s decision regarding <br />the contested data in a “contested case hearing” following procedures <br />established in the Administrative Procedures Act. (Minn. Stat. ch. 14) <br />Data successfully challenged must be completed, corrected, or <br />destroyed. The authority may keep a copy of any order issued in the <br />dispute or a summary of the dispute that does not contain any details of <br />the challenged data. (Minn. Stat. § 13.04, subd. 4) <br />