Resolution 9949 - Laserfiche WebLink

Home Browse Search

7 4.7C2 Whether denying access may protect the individual from physical or emotional harm; 4.7C3 Whether there are reasonable grounds to support the individual’s reasons; and 4.7C4 Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the parent or guardian would seriously jeopardize the health of the individual. The Responsible Authority may also deny parental/guardian access without a request from the juvenile or incapacitated person under any state or federal statute that allows or requires denial of parental or guardian access and that provides standards for denying parental or guardian access 5.0 Access to Private and Confidential Data on Decedents. Private data on decedents means data which, prior to the death of the data subject, were classified by statute, federal law, or temporary classification as private data. Confidential data means data which, prior to the death of the data subject, were classified by statute, federal law, or temporary classification as confidential data. A list of the private and confidential information maintained by the City is contained in Appendix A, although such list is subject to the Act, as it may be amended, and therefore is not necessarily exhaustive. Information about individuals who are deceased will be treated the same as data that is about individuals who are living except: 5.0A Private and confidential data on decedents will become public data 10 years after the death of the data subject and 30 years after the creation of the data in accordance with Minnesota Statutes Section 13.10, subd. 2. An individual is presumed dead if either 90 years have elapsed since the creation of the data or 90 years have elapsed since the individual’s birth, whichever is earlier, except that an individual is not presumed to be dead if the Responsible Authority has information readily available to him or her indicating the individual is still living. 5.0B A representative of the decedent may exercise the rights that the decedent could have exercised as a living individual. A “representative of the decedent” means a personal representative of the estate of the decedent during the period of administration, or if no personal representative has been appointed or after discharge, the surviving spouse, any child of the decedent, or, if there is no surviving spouse or children, the parents of the decedent. 6.0 Access to Data Not On Individuals. Information not about individuals is classified by law as public, nonpublic, and protected nonpublic. Information that is not about individuals will generally be treated the same as data about individuals. Nonpublic and protected nonpublic information, except for security information, becomes public either 10 years after it was created