Agenda Packets - 2025/07/14 (2) - Laserfiche WebLink

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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: S.OA 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. S.OB 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 by the City or 10 years after the data was received or collected by the City unless the Responsible Authority reasonably determines that if the information was made public or made available to the data subject that the harm to the public or the data subject would outweigh the benefit to the public or the data subject. 6.1 People Entitled to Access. 6.1A Public information not about an individual may be shown to anyone. Copyrighted documents will not be reproduced or photocopied without express written permission from the copyright holder. (Exhibit 7 and, for copyrighted building plans, Exhibit 11) 6.1B Nonpublic information not about an individual may be shown or given to: 6.1B1 An authorized representative of the subject entity of the data, but only once every six months, unless a dispute has arisen or additional data has been collected. 7