HomeMy WebLinkAboutResolution 9696RESOLUTION NO. 9696
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION ADOPTING A MINNESOTA GOVERNMENT DATA
PRACTICES ACT POLICY AND DESIGNATING THE RESPONSIBLE
AUTHORITY AND COMPLIANCE OFFICIAL
WHEREAS, the City of Mounds View ("City") desires to update its policy concerning
its procedures and obligations pursuant to the Minnesota Government Data Practices Act
(Minnesota Statutes Chapter 13) ("MGDPA"); and
WHEREAS, the MGDPA, Minnesota Statutes Section 13.02, subdivision 16 and
the MGDPA policy to be adopted by the City requires it to designate the individual
responsible for the collection, use, and dissemination of any set of data on individuals,
government data, or summary data for the City (the "Responsible Authority"); and
WHEREAS, the MGDPA, Minnesota Statutes Section 13.05, subdivision 13 and
the MGDPA policy to be adopted by the City also requires it to designate the individual
responsible for persons to direct questions or concerns regarding problems in obtaining
access to data or other data practices problems for the City (the "Compliance Official");
and
WHEREAS, as part of adopting its updated MGDPA policy, the City would also like
to officially redesignate its Responsible Authority and Compliance Official.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Minnesota, as follows:
The updated document entitled "Minnesota Government Data Practices Act
Guidelines and Procedures," as presented to the City Council on the date of
this Resolution, is hereby adopted as the City's official MGDPA policy.
2. The City Administrator is hereby designated as the Responsible Authority
for the purposes of the MGDPA and the City's MGDPA policy.
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Resolution 9696
Page 2
3. The City Administrator is also hereby designated as the Compliance Official
for the purposes of the MGDPA and the City's MGDPA policy.
Adopted by the City Council of the City of Mounds View the 131h day of February, 2023.
Attest.
(SEAL.)
Al Hull, Mayor
Nyle mu , City Administrator
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City of Mounds View
Minnesota Government Data Practices Act
Guidelines and Procedures
January 2023
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City of Mounds View
Data Practices Procedures
Table of Contents
1.0 Introduction ..........................................................................................................................1
2.0 Responsible Authority; Compliance Official.......................................................................1
3.0 Access to Public Data ..........................................................................................................1
3.1 People Entitled to Access.........................................................................................3
3.2. Form of Request .......................................................................................................3
3.3 Identification of Requesting Party ...........................................................................3
3.4 Form of Copies ........................................................................................................4
3.5 Time Limits ..............................................................................................................4
3.6 Fees ..........................................................................................................................4
4.0 Access to Private and Confidential Data on Individuals .....................................................4
4.1 Persons Entitled to Access .......................................................................................4
4.2 Form of Request .......................................................................................................5
4.3 Identification of Requesting Party ...........................................................................5
4.4 Time Limits ..............................................................................................................5
4.5 Fees ..........................................................................................................................6
4.6 Summary Data .........................................................................................................6
4.7 Records of Minors and Incapacitated Persons .........................................................6
5.0 Access to Private and Confidential Data on Decedents .......................................................7
6.0 Access to Data not on Individuals .......................................................................................8
6.1 People Entitled to Access.........................................................................................8
6.2 Form of Request .......................................................................................................9
6.3 Identification of Requesting Party ...........................................................................9
6.4 Time Limits ..............................................................................................................9
6.5 Fees ..........................................................................................................................9
6.6 Accessibility of Records ..........................................................................................9
7.0 Temporary Classification ...................................................................................................10
8.0 Denial of Access ................................................................................................................10
9.0 Collection of Data on Individuals ......................................................................................10
9.1 Tennessen Warning ................................................................................................10
9.2. Data Quality Procedures ........................................................................................11
10.0 Data Accuracy or Completeness ........................................................................................12
10.1 Challenge to Accuracy or Completeness of Data ..................................................12
10.2 City Employee Data ...............................................................................................12
10.3 Review ...................................................................................................................12
11.0 Data Protection...................................................................................................................13
11.1 Legal Requirement .................................................................................................13
11.2 Data Inventory .......................................................................................................13
11.3 Data Safeguards .....................................................................................................13
11.4 Data Sharing with Authorized Entities or Individuals ...........................................13
11.5 Penalties for Unlawfully Accessing Not Public Data ............................................13
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City of Mounds View
Data Practices Procedures
List of Exhibits
Exhibit 1 LIST OF DESIGNEES
Exhibit 2 PHOTOCOPYING CHARGES
Exhibit 3 INFORMATION DISCLOSURE REQUEST
Exhibit 4 GOVERNMENT DATA ACCESS & NONDISCLOSURE AGREEMENT
Exhibit 5 NOTICE TO PERSONS UNDER THE AGE OF 18
Exhibit 6 CONSENT TO RELEASE PRIVATE DATA
Exhibit 7 CONSENT TO RELEASE COPYRIGHTED DATA
Exhibit 8 DATA PRACTICES ADVISORY
Exhibit 9 TENNESSEN WARNING FORM
Exhibit 10 SAMPLE CONTRACT PROVISION
Exhibit 11 BUILDING PERMIT/PLANS DATA PRACTICES ADVISORY
Appendix A Private and Confidential Data Maintained by the City of Mounds View
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DATA PRACTICES PROCEDURES
1.0 Introduction. These procedures are adopted to comply with the requirements of the
Minnesota Government Data Practices Act (the “Act”), specifically Minnesota Statutes
Sections 13.03, subd. 2 and 13.05, subd. 5. It is the intent of the City of Mounds View (“City”)
to remain in compliance with the Act. These procedures shall be supplemented by the
requirements of the Act, as needed, and if any procedure contained herein is inconsistent with
those requirements, as they may be amended, the specific provisions of the Act shall be
controlling and the City will deviate from these procedures, to the extent required.
2.0 Responsible Authority; Compliance Official. The City Administrator is the
Responsible Authority and Compliance Official responsible for the collection, use and
distribution of government data and is accountable for City compliance with the Act. The
Responsible Authority has authorized certain other City employees to collect, maintain,
disseminate and otherwise assist in complying with the Act (“Designees”). These Designees are
listed on attached Exhibit 1. The Responsible Authority shall provide training to Designees and
staff at such times and in such a manner as the designated Responsible Authority determines is
appropriate to inform them of their obligations under the Act. The designated Responsible
Authority shall also be authorized to amend or supplement the Exhibits attached to these
procedures as needed to further the intent of these procedures and the City’s compliance with the
Act. For the purposes of carrying out these procedures, the term Responsible Authority shall
include Designees unless the context in which it is used indicates a different intent.
3.0 Access to Public Data. All information maintained by the City is public unless there is a
specific statutory designation which gives it a different classification. Categories of
classification are as follows:
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Classification: Data on Individuals*
(Minn. Stat. § 13.02,
subd. 5)
Data on Decedents
(Minn. Stat. § 13.10,
subd. 1)
Data not on
Individuals*
(Minn. Stat. § 13.02,
subd. 4)
Public
Certain data on
individuals are
accessible to anyone.
Minn. Stat. § 13.02,
subd. 15.
Certain data on
decedents are
accessible to anyone.
Minn. Stat. § 13.02,
subd. 15.
Certain data not on
individuals are
accessible to anyone.
Minn. Stat. § 13.02,
subd. 14.
Private Certain data on
individuals are
accessible to the data
subject, but not
accessible to the
public. Minn. Stat. §
13.02, subd. 12.
Certain data on
decedents are
accessible to the
representative of the
decedent, but not
accessible to the
public.** Minn.
Stat. § 13.10, subd. 1
(b).
Nonpublic Certain data not on
individuals are
accessible to the data
subject, but not
accessible to the
public. Minn. Stat.
§ 13.02, subd. 9.
Confidential Certain data on
individuals are not
accessible to the data
subject and not
accessible to the
public. Minn. Stat.
§13.02, subd. 3.
Certain data on
decedents are not
accessible to the
representative of the
decedent and not
accessible to the
public.** Minn.
Stat. § 13.10, subd. 1
(a).
Protected
Nonpublic
Certain data not on
individuals are not
accessible to the data
subject and not
accessible to the
public. Minn. Stat. §
13.02, subd. 13.
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* “Individual” is defined by Minnesota Statutes Section 13.02, subd. 8. “Individual” means a
natural person (a living human being). It does not mean any type of entity created by law, such
as a corporation.
** Private and confidential data on decedents become public data 10 years after the death of the
data subject and 30 years after the creation of the data.
3.1 People Entitled to Access. Any person has the right to inspect or view public
data or to have an explanation of the meaning of the data. The person does not need to
state his or her name or give the reason for the request, unless a statute specifically
authorizes the City to request such information. The Responsible Authority may ask a
person to provide identifying or clarifying information for the sole purpose of facilitating
access to the data. Examples of when identifying information may be requested include,
but are not limited to, obtaining a mailing address when the person has requested that
copies be mailed or requesting identification when copies have been paid for by check.
Additionally, any person has the right to obtain a copy of public data except in the case of
copyrighted materials in the possession of the City for which the City does not have
express written permission to reproduce.
3.1A Copyrighted Documents. Copyrighted public documents may be shown
to anyone but shall not be reproduced or photocopied without express written
permission from the copyright holder. (Exhibit 7 and, for copyrighted building
plans, Exhibit 11)
3.1A1 The Responsible Authority reserves the right to refuse to provide
copies of copyrighted data in accordance with the copyright law of the
United States (Title 17, United States Code) which governs the making of
photocopies or other reproductions of copyrighted material.
3.1A2 Public documents created by the City of Mounds View or its
officials or employees on behalf of the City do not qualify for copyright
protection and shall be available for viewing and reproduction in
accordance with the Act. In certain cases, the City may enforce a
copyright or acquire a patent for a computer software program or
components of a program created by the City. In such cases, the data shall
be treated as trade secret information.
3.2 Form of Request. The request for public data may be verbal or written. The
Responsible Authority or designee may require a verbal request to be made in writing
whenever a written request will assist the Responsible Authority or designee in
performing his or her duties. (Exhibit 3).
3.3 Identification of Requesting Party. The Responsible Authority may not require
the requesting party to provide identification to view public documents unless contact
information is required in order to clarify the request. The Responsible Authority must
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verify the identity of the requesting party as a person entitled to reproductions when
reproductions of copyrighted public data are requested. Identity can be established
through personal knowledge, presentation of photo identification, comparison of the data
subject’s signature on a consent form with the person’s signature in City records, or other
reasonable means.
3.4 Form of Copies. Where public data is maintained in a computer storage medium,
the Responsible Authority shall provide copies of the public data in electronic form upon
request, provided a copy can reasonably be made in that form. The Responsible
Authority is not required to provide the data in an electronic format or program that is
different from the format or program in which the Responsible Authority maintains the
data. The Responsible Authority may charge a fee for the actual cost of providing the
copy.
3.5 Time Limits. Requests will be received and processed only at Mounds View
City Hall during normal business hours. If copies cannot be made at the time of the
request, copies must be supplied as soon as reasonably possible. Whenever possible, the
Responsible Authority will immediately allow the requesting person to inspect the public
data. When providing an immediate response to the requester, it should not interfere with
the City’s efficient operations. The Responsible Authority may require that the
requesting person make an appointment or return at a later time to inspect or to pick up
copies of the requested data. When data is requested by the individual that is the subject
of the data and an immediate response is not possible, the authorized City employee will
provide the data within 10 days of the date of the request, excluding Saturdays, Sundays
and legal holidays.
3.6 Fees. Anyone may inspect or view public data for any reason without charge.
Fees may be charged only if the requesting person asks for a copy or electronic
transmittal of the data. Fees will be charged according to the City’s current fee schedule
or based on actual cost and may not include time necessary to separate public from
nonpublic data. A summary of fees generally associated with data requests is contained
in Exhibit 2.
4.0 Access to Private and Confidential Data on Individuals. Information about individual
persons is classified by law as public, private, or confidential. 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.
4.1 Persons Entitled to Access.
4.1A Public information about an individual may be shown or given to anyone
for any reason.
4.1B Private information about an individual may be shown or given to:
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4.1B1 The individual, but only once every six months, unless a dispute
has arisen or additional data has been collected or created.
4.1B2 A person who has been given access by the express written consent
of the data subject. (Exhibit 6)
4.1B3 Persons, or another responsible authority, which are authorized
access by the federal, state, or local law or court order.
4.1B4 Persons within the City staff, the City Council, and outside agents
(such as attorneys) whose work assignments or responsibilities reasonably
require access.
4.1C Confidential information may not be given to the subject of the data, but
may be given or shown to:
4.1C1 Persons who are authorized access by federal, state, or local law or
court order.
4.1C2 Persons within the City staff, the City Council, and outside agents
(such as attorneys) whose work assignments or responsibilities reasonably
require access.
4.2 Form of Request. Any individual may request data verbally or in writing. Data
will be released depending on whether or not the City has stored the data requested and
whether the data is classified as public, private, or confidential. All requests to see
private or confidential information must be made in writing in order to verify identity.
The Responsible Authority will provide a form (Exhibit 3) to document the requesting
party’s identity, the information requested, and the City’s response; however, any
individual may request data verbally or in writing as long as the request is accompanied
by documentation of the requesting party’s identity and a detailed description of the
information requested.
4.3 Identification of Requesting Party. The Responsible Authority must verify the
identity of the requesting party as a person entitled to access when private or confidential
data is requested. Identity can be established through personal knowledge, presentation
of photo identification, comparison of the data subject’s signature on a consent form with
the person’s signature in City records, or other reasonable means.
4.4 Time Limits. Requests will be received and processed at Mounds View City Hall
only during normal business hours. Access to the data will be provided as soon as is
reasonably possible. Data requested by the individual that is the subject of the data will
be provided within 10 days of the date of the request, excluding Saturdays, Sundays and
legal holidays if an immediate response is not possible.
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4.5 Fees. Fees will be charged in the same manner as for public information and are
summarized in Exhibit 2.
4.6 Summary Data. The term “summary data” refers to statistical records and
reports derived from data on individuals but which does not identify an individual by
name or reveal any other characteristic that could uniquely identify an individual.
Summary data derived from private or confidential data is public. The Responsible
Authority will prepare summary data upon request, if the request is in writing and the
requesting party pays for the cost of preparation. The Responsible Authority must notify
the requesting party about the estimated costs and collect these costs before preparing or
supplying the summary data. This should be done within 10 days after receiving the
request. If the summary data cannot be prepared within 10 days, the Responsible
Authority must notify the requester of the anticipated time schedule and the reason for the
delay.
Summary data may be prepared by “blacking out” personal identifiers, cutting out
portions of the records that contain personal identifiers, creating a spreadsheet,
programming computers to delete personal identifiers, or other reasonable means.
The Responsible Authority may ask an outside agency or person to prepare the summary
data if: (1) the specific purpose is given in writing; (2) the agency or person agrees not to
disclose the private or confidential data; and (3) the Responsible Authority determines
that access by this outside agency or person will not compromise the privacy of the
private or confidential data. (Exhibit 4)
4.7 Records of Minors and Incapacitated Persons. The following applies to
private (not confidential) data about minors (persons under the age of 18) and about those
persons who are incapacitated as defined by Minnesota Statutes Section 524.5-102, subd.
6.
4.7A Parent/Guardian Access. In addition to minors and incapacitated
persons as defined above who may have access to private data, a parent may have
access to private information about a minor or an incapacitated person. For the
purposes of these procedures, “parent” shall include guardians and individuals
acting as parents or guardians in the absence of parents or guardians. A parent is
presumed to have this right unless the minor has requested that the Responsible
Authority withhold the data and withholding the data would be in the best interest
of the minor, or it has been given evidence that there is a state law, court order, or
other legally binding document, which prohibits this right.
4.7B Notice to Minors and Incapacitated Persons. Before requesting private
data from minors and incapacitated persons, City personnel must notify the
minors and incapacitated persons that they may request that the information not
be given to their parent(s) or guardian(s). (Exhibit 5)
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4.7C Denial of Parent or Guardian Access. The Responsible Authority may
deny parent or guardian access to private data when the individual requests this
denial and the Responsible Authority determines that withholding the data would
be in the best interest of the individual. The request from the individual must be
in writing, stating the reasons for the request. In determining the best interest of
the individual, the Responsible Authority will consider:
4.7C1 Whether the individual is of sufficient age and maturity to explain
the reasons and understand the consequences;
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 readil y 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”
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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.
6.1B2 A person who has been given access by the express written consent
of the authorized representative of the entity which is the subject of the data.
(Exhibit 6)
6.1B3 Persons who are authorized access by the federal, state, or local
law or court order.
6.1B4 Persons within the City staff, the City Council, and outside agents
(such as attorneys) whose work assignments or responsibilities reasonably
require access.
6.1C Protected nonpublic information may not be given to the authorized
representative of the entity, but may be given or shown to:
6.1C1 Persons who are authorized access by federal, state, or local law or
court order.
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6.1C2 Persons within the City staff, the City Council, and outside agents
(such as attorneys) whose work assignments or responsibilities reasonably
require access.
6.2 Form of Request. Any person may request data verbally or in writing. Data will
be released depending on whether or not the City has stored the data requested and
whether the data is classified as public, nonpublic, protected nonpublic or is copyrighted.
All requests to view or receive a reproduction of nonpublic or protected nonpublic
information must be made in writing in order to verify identity. All requests to receive a
reproduction of copyrighted public, nonpublic or protected nonpublic information must
be made in writing in order to determine if the request for copyrighted material qualifies
for release under copyright law of the United States (Title 17 of the United States Code).
The Responsible Authority will provide a form (Exhibit 3) to document the requesting
party’s identity, the information requested, and the City’s response; however, any person
may request data verbally or in writing as long as the request includes documentation of
the requesting party’s identity and a detailed description of the information requested.
6.3 Identification of Requesting Party. The Responsible Authority must verify the
identity of the requesting party as a person entitled to access when nonpublic or protected
nonpublic data is requested. The Responsible Authority must also verify the identity of
the requesting party as a person entitled to access when copies of copyrighted private,
nonpublic, or protected nonpublic data is requested. Identity can be established through
personal knowledge, presentation of photo identification, comparison of the data
subject’s signature on a consent form with the person’s signature in City records, or other
reasonable means.
6.4 Time Limits. Requests will be received and processed at Mounds View City Hall
only during normal business hours. The response must be immediate, if possible, or
prompt and reasonable, if an immediate response is not possible.
6.5 Fees. Fees will be charged in the same manner as for public information and are
summarized in Exhibit 2.
6.6 Accessibility of Records. Upon request by an individual, records must be made
available within a reasonable time period to persons with disabilities in a manner
consistent with state and federal laws prohibiting discrimination against persons with
disabilities. Reasonable modifications must be made in any policies, practices and
procedures that might otherwise deny equal access to records to individuals with
disabilities. This requirement does not apply to (1) technology procured or developed
prior to January 1, 2013, unless substantially modified or substantially enhanced after
January 1, 2013 or (2) records that cannot be reasonably modified to be accessible
without an undue burden as defined in Minnesota Statutes Section 16E.015, subd. 4 to the
public entity or (3) except as otherwise provided in Minnesota Statutes Chapter 16E.
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7.0 Temporary Classification. If the Responsible Authority determines information not
expressly classified by law should be protected, the Responsible Authority may apply to the
Department of Administration Commissioner for permission to classify information as private,
confidential, nonpublic or protected nonpublic for its own use and for the use of other
governmental entities on a temporary basis. The application and the classification of the
information shall be in accordance with Minnesota Statutes Section 13.06.
8.0 Denial of Access. If the Responsible Authority determines that the requested data is not
accessible to the requesting party, the Responsible Authority must inform the requesting party
verbally at the time of the request or in writing as soon after that as possible. The Responsible
Authority must give the specific legal authority, including statutory section, for withholding the
data. The Responsible Authority must place a verbal denial in writing upon request. This must
also include the specific legal authority for the denial.
9.0 Collection of Data on Individuals. The collection and storage of information about
individuals will be limited to that necessary for the administration and management of the
programs specifically authorized by the state legislature, City Council, or federal government.
9.1 Tennessen Warning. When an individual is asked to supply private or
confidential information about the individual, the City employee requesting the
information must give the individual a Tennessen warning. (Exhibits 8 and 9)
9.1A This warning must contain the following:
9.1A1 The purpose and intended use of the requested data;
9.1A2 Whether the individual may refuse or is legally required to supply
the requested data;
9.1A3 Any known consequences from supplying or refusing to supply the
information, and
9.1A4 The identity of other persons or entities authorized by state or
federal law to receive the data.
9.1B A Tennessen warning is not required when:
9.1B1 An individual is requested to supply investigative data to a law
enforcement officer;
9.1B2 The data subject is not an individual (e.g., the data subject is a
corporation or partnership);
9.1B3 The data subject offers information that has not been requested by
the City;
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9.1B4 The information requested from the individual is about someone
else;
9.1B5 The City receives information about the subject from someone
else; or
9.1B6 The information requested from the subject is classified as public
data.
9.1C A Tennessen warning may be on a separate form (Exhibit 9) or may be
incorporated into the form which requests the private or confidential data (using
language in Exhibit 8).
9.1D Collection of Data on Individuals through the Use of the City’s
Computer System. When an individual gains access to government information
or services through the City’s computer system, the City may create, collect, or
maintain electronic access data or use its computer to install a cookie on an
individual’s computer. The City must inform individuals gaining access to the
City’s computer system of the creation, collection, or maintenance of electronic
access data or the City’s use of cookies before requiring the individual to provide
any data about the individual to the City. As part of that notice, the City must
inform the individual how the data will be used and disseminated.
Notwithstanding an individuals’ refusal to accept a cookie on its computer, the
City must allow the individual to gain access to data or information, transfer data
or information, or use government services by means of the City’s computer
system.
9.2 Data Quality Procedures. The City is required to establish procedures that data
on individuals are accurate, complete and current. The Responsible Authority
shall work with employees that collect, use, or disseminate data on individuals to
implement the following procedures:
9.2A At the time that data is collected from the individual data subject, the
individual should be advised of his or her right to review and contest the accuracy
or completeness of public or private data concerning him/herself.
9.2B An individual data subject should be encouraged to review his/her file for
accuracy, completeness and currency.
9.2C Whenever possible and practical, collect data about an individual from the
individual subject of the data rather than from third parties (e.g., birth date, address,
etc.) (This directive does not prohibit employees from collecting data from third
parties).
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9.2D Design forms to collect objective types of data elements whenever possible,
rather than data which calls for an opinion or conclusion or other subjective entry.
Forms for the collection of data on individuals should request only necessary data.
9.2E Department heads should periodically review forms used to collect data on
individuals. Data elements that are not necessary or that lend themselves to
ambiguity or subjectivity should be removed and the forms redesigned.
9.2F Department heads should periodically conduct quality/validity checks on
sample case files that contain data on individuals.
10.0 Data Accuracy and Completeness.
10.1 Challenge to Data Accuracy or Completeness. An individual who is the subject
of public or private data may contest the accuracy or completeness of that data
maintained by the City of which they are the subject. “Accurate” means the data are
reasonably correct and free from error. “Complete” means the data describe all of the
subject’s transactions with the City in a reasonable way.
To challenge the accuracy or completeness of data, the individual must notify the City’s
Responsible Authority in writing describing the nature of the disagreement. The statement
should describe why or how the data are inaccurate or incomplete and should also state what
the individual wants the City to do to make the data accurate or complete. Within 30 days,
the Responsible Authority or designee must respond and either (1) correct the data found to
be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete
data, including recipients named by the individual, or (2) notify the individual that the
Responsible Authority believes the data to be correct. Data in dispute shall be disclosed
only if the individual’s statement of disagreement is included with the disclosed data. The
Responsible Authority should provide the data subject with a written statement that informs
the data subject of the right to appeal and should also provide a copy of Minnesota Rules,
Part 1205.1600.
An individual who is dissatisfied with the Responsible Authority’s action may appeal to
the Commissioner of Administration, using the contested case procedures under
Minnesota Statutes, Chapter 14. The Responsible Authority will correct any data if so
ordered to do so by the Commissioner.
10.2 City Employee Data. All City employees will be requested, and given appropriate
forms, to annually provide updated personal information to the Responsible Authority, as
necessary for tax, insurance, emergency notification, and other personnel purposes.
Other individuals who provide private or confidential information will also be
encouraged to provide updated information when appropriate.
10.3 Review. City department managers should periodically review forms used to
collect data on individuals to delete items that are not necessary and to clarify items that
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may be ambiguous. All records must be disposed of according to the City’s records
retention schedule.
11.0 Data Protection.
11.1 Legal Requirement. The adoption of this Section by the City satisfies the
requirement in Minnesota Statutes, Section 13.05, subd. 5 to establish procedures
ensuring appropriate access to not public data. By incorporating employee access to not
public data in the City’s Data Inventory in the individual employee’s position description,
or both, the City’s policy limits access to not public data to employees whose work
assignment require reasonable access. Please direct all questions regarding this Section
to the Responsible Authority.
11.2 Data Inventory. Under the requirement in Minnesota Statutes, Section 13.025,
subd. 1, the City has prepared a Data Inventory which identifies and describes all not
public data on individuals maintained by the City. To comply with the requirement set
forth in Minnesota Statutes, Section 13.05, subd. 5, the City has also modified its Data
Inventory to represent the employees who have access to not public data.
11.3 Data Safeguards.
11.3A Not public data will be stored by the City in files or databases which are
not readily accessible to individuals who do not have authorized access and will
be secured during hours when the offices are closed.
11.3B Not public data must be kept only in City offices, except when necessary
for City business.
11.3C The City will assign appropriate security roles to its employees, limit
employee access to appropriate shared network drives and implement password
protections for not public electronic data.
11.3D Only those City employees whose job responsibilities require them to have
access will be allowed access to City files and records that contain not public
data. Employee position descriptions will contain provisions identifying any not
public data accessible to the employee when a work assignment reasonably
requires access. If a City employee does not have a work assignment allowing
access to the not public data, the City will ensure that the not public data are
secure. The City’s employees will be instructed to:
11.3D1 Release or disclose not public data only to those persons, within
and outside of the City, who are authorized by law to have access to the
data;
14
MU125\11\850810.v2
11.3D2 Not leave not public data where unauthorized individuals might see
it;
11.3D3 Password protect their computers and lock their computers before
leaving work stations;
11.3D4 Secure not public data within locked work spaces and in locked
file cabinets; and
11.3D5 Shred not public data before disposing of them.
In the event of a temporary duty assigned to a City employee, the employee may
access certain not public data for as long as the work is assigned to the employee.
11.4 Data Sharing with Authorized Entities or Individuals.
11.4AWhen a contract with an outside party requires access to not public data, the
contracting party will be required to use and disseminate the information
consistent with the Act. The City must include in a written contract the language
contained in Exhibit 10 or substantially similar language.
11.4B In addition to the employees listed in the City’s data inventory (see
Appendix A), the Responsible Authority, the City’s criminal prosecutor, the City
Attorney, the City Engineer, and the City Building Inspector may have access to
all not public data maintained by the City if necessary for specified duties. Any
access to not public data will be strictly limited to the data necessary to complete
the work assignment.
11.4C State or federal law may authorize the sharing of not public data in
specific circumstances. Not public data may be shared with another entity if a
federal or state law allows it or mandates it. Individuals will have notice of any
sharing in applicable Tennessen warnings, or the City will obtain the individual’s
informed consent. The City will also obtain informed consent from an entity
submitting not public data for the purposes of a building permit application
(Exhibit 11). Any sharing of not public data will be strictly limited to the data
necessary or required to comply with the applicable law.
11.5 Penalties for Unlawfully Accessing Not Public Data. The City will utilize
penalties for unlawful access by its employees to not public data as provided for in
Minnesota Statutes, Section 13.09, if necessary. Penalties include suspension, dismissal,
or referring the matter to the appropriate prosecutorial authority who may pursue a
criminal misdemeanor charge.
Exhibit 1
MU125\11\850810.v2
EXHIBIT 1
LIST OF DESIGNEES
The Minnesota Data Practices Act establishes a system for compilation and distribution of data
gathered by government agencies. All data collected and maintained by the City of Mounds
View (“City”) is presumed public and is accessible to the public for both inspection and copying,
unless classified as Private, Confidential, Nonpublic or Protected Nonpublic in accordance with
federal law, state statute or a temporary classification.
The City of Mounds View has appointed the following position to administer this system.
Responsible Authority and Compliance Official:
City Ad ministrator
City of Mounds View
2401 Mounds View Boulevard
Mounds View, MN 55112-1429
Phone: (763) 717-4000
Fax: (763) 717-4019
Positions appointed as designees in system administration are as follows:
Assistant City Administrator
Other persons responsible for the maintenance and dissemination of City records are as apparent
or assigned.
Exhibit 2
MU125\11\850810.v2
EXHIBIT 2
PHOTOCOPYING CHARGES
Regular Photocopy Charge $.25 per page
(if 100 or fewer pages of black and white $.05 per page for additional copies of
letter or legal size paper copies are requested) the same document
Special Copy Charge Actual Cost*
(charged in all other circumstances,
including requests to provide data
electronically or by facsimile)
* the “actual cost” means the cost of any materials (paper, copier ink, staples, CDs/DVDs,
video/audio tapes, etc.), any special costs associated with making copies from computerized data,
such as writing or modifying a computer program to format data, any mailing costs and any
vehicle costs directly involved in transporting data to the appropriate facility when necessary to
provide copies. In addition, “actual cost” also includes City staff time spent making, certifying
and compiling the copies (when requested by the data subject). For requests by anyone other
than the data subject, the “actual cost” also includes City staff time spent retrieving the data to be
copied, sorting and labeling the documents (if this is necessary to identify what is to be copied),
removing staples or paper clips, taking documents to the copier for copying as well as making,
certifying and compiling the copies. Labor costs are never charged for separating public from
not public data.
Document Charge Fee as established in the City fee schedule
(charged for certain frequently requested
documents, such as zoning codes, maps,
etc.)
Exhibit 3
MU125\11\850810.v2
EXHIBIT 3
INFORMATION DISCLOSURE REQUEST
Minnesota Government Data Practices Act
A. To be Completed by Requestor
REQUESTOR NAME (Last, First, MI): DATE OF REQUEST:
STREET ADDRESS: PHONE NUMBER:
CITY, STATE, ZIP CODE: SIGNATURE:
DESCRIPTION OF THE INFORMATION REQUESTED:
B. To be Completed by the City
DEPARTMENT NAME: HANDLED BY:
INFORMATION CLASSIFIED AS:
PUBLIC NONPUBLIC
PRIVATE PROTECTED NONPUBLIC
CONFIDENTIAL
ACTION:
APPROVED
APPROVED IN PART (explain below)
DENIED (explain below)
REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION:
PHOTOCOPYING CHARGES:
NONE
______ Pages x ______________= ____________
Special Rate: ______________ (attach explanation)
IDENTITY VERIFIED FOR PRIVATE INFORMATION:
IDENTIFICATION: DRIVER’S LICENSE, STATE I.D., etc.
COMPARISON WITH SIGNATURE ON FILE
PERSONAL KNOWLEDGE
OTHER: ________________________________________
AUTHORIZED SIGNATURE: DATE:
Exhibit 4-1
MU125\11\850810.v2
EXHIBIT 4
GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT
1. AUTHORIZATION. The City of Mounds View (the “City”) hereby authorizes
___________________________________, (the “Authorized Party”) access to the following
government data: _______________________________________________________________
______________________________________________________________________________
2. PURPOSE. Access to this government data is limited to the objective of creating
summary data for the following purpose:
______________________________________________________________________________
______________________________________________________________________________
3. COST. (Check all that apply):
______ The Authorized Party has been requested by the City to prepare summary data
and will be paid in accordance with City policy. The estimated total is:
$_____________.
______ __________________________________ is the person who requested the
summary data and agrees to bear the City’s costs associated with the preparation
of the data which has been estimated to be $____________.
________________________________________________________________________
Signature of Requestor Date
4. SECURITY. The Authorized Party agrees that it and any employees or agents under its
control must protect the privacy interests of individual data subjects in accordance with the terms
of this Agreement.
The Authorized Party agrees to remove all unique personal identifiers which could be
used to identify any individual from data classified by state or federal law as not public which is
obtained from City records and incorporated into reports, summaries, compilations, articles, or
any document or series of documents.
Data contained in files, records, microfilm, or other storage media maintained by the City
are the City’s property and are not to leave the City’s custody. The Authorized Party agrees not
to make reproductions of any data or remove any data from the site where it is provided, if the
data can in any way identify an individual.
No data which is not public and which is irrelevant to the purpose stated above shall ever
be disclosed or communicated to anyone by any means.
The Authorized Party warrants that the following named individual(s) will be the only
person(s) to participate in the collection of the data described above:
________________________________________________________________________
Complete name (printed) Title (printed)
Exhibit 4-2
MU125\11\850810.v2
5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use
or disclosure of government data collected, used and maintained in the exercise of this agreement
and is classified as not public under state or federal law. The Authorized Party understands that
it may be subject to civil or criminal penalties under those laws. The Authorized Party agrees to
defend, indemnify, and hold the City, its officials, agents and employees harmless from any
liability, claims, damages, costs, judgments, or expenses, omission of the Authorized Party’s
failure to fully perform in any respect all obligations under this Agreement.
6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees
at all times during the term of this Agreement to maintain insurance covering the Authorized
Party’s activities under this Agreement. The insurance must cover $1,500,000 per claimant for
personal injuries or damages and $1,500,000 per occurrence. The policy must cover the
indemnification obligation specified above.
7. ACCESS PERIOD. The Authorized Party may have access to the information
described above from __________________ to _________________.
8. ACCESS RESULTS. A copy of all reports, summaries, compilations, articles,
publications or any document or series of documents that are created from the information
provided under this Agreement must be provided to the City. The Authorized Party may retain
one copy of the summary data created for its own records but may not disclose it without City
permission, except in defense of claims brought against it.
AUTHORIZED PARTY:________________________________________________________
By:___________________________________________ Date: __________________________
Title (if applicable): _____________________________________________________________
REQUESTOR OF SUMMARY DATA:____________________________________________
By: ___________________________________________ Date: __________________________
Title (if applicable): _____________________________________________________________
CITY OF MOUNDS VIEW:
By: ___________________________________________ Date: __________________________
Its: __________________________________________________________________________
Exhibit 5
MU125\11\850810.v2
EXHIBIT 5
NOTICE TO PERSONS UNDER AGE 18
Some of the information you are asked to provide is classified as private under State law.
You have the right to request that some or all of the information not be given to one or both of
your parents/legal guardians. Please complete the form below if you wish to have information
withheld.
Your request does not automatically mean that the information will be withheld. State
law requires the City to determine if honoring the request would be in your best interest. The
City is required to consider:
* Whether you are of sufficient age and maturity to explain the reasons and understand
the consequences;
* Whether denying access may protect you from physical or emotional harm;
* Whether there are reasonable grounds to support your reasons; and
* Whether the data concerns medical, dental, or other health service provided under
Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if
failure to inform the parent would seriously jeopardize your health.
NOTICE GIVEN TO:_________________________________ DATE:___________________
BY:__________________________________________________________________________
(Name) (Title)
REQUEST TO WITHHOLD INFORMATION
I request that the following information______________________________________________
______________________________________________________________________________
Be withheld from: ______________________________________________________________
For these reasons:_______________________________________________________________
Date:______________________ Print name: _________________________________________
Signature: _____________________________________________________________________
Exhibit 6
MU125\11\850810.v2
EXHIBIT 6
CONSENT TO RELEASE PRIVATE DATA
I, , authorize the City of Mounds View (“City”) to release the
(print name)
following private data about me:
______________________________________________________________________________
______________________________________________________________________________
to the following person(s) or entity(ies):
______________________________________________________________________________
______________________________________________________________________________
The person(s) or entity(ies) receiving the private data may use it only for the following purpose
or purposes:
______________________________________________________________________________
______________________________________________________________________________
This authorization is dated _________________and expires on___________________________
I understand that my records are protected under state privacy regulations and cannot be
disclosed without my written consent unless otherwise provided for by law. I also
understand that I may cancel this consent at any time prior to the information being
released and that in any event this consent expires automatically 90 days after signing. By
signing this document, I give my full and voluntary consent to the City to release the above-
listed data to the persons identified in this release, and I waive any and all claims against
the City for the disclosure of private data about me in accordance with this document.
___________________________________
Signature
___________________________________
Signature of parent or guardian
(if data subject is under 18 years of age)
IDENTITY VERIFIED BY:
Witness: x______________________________
Identification: Driver’s License, State ID, Passport,
other:__________________________________
Comparison with signature on file
Other:__________________________________
Responsible Authority/Designee: ___________________________________________
Exhibit 7
MU125\11\850810.v2
EXHIBIT 7
CONSENT TO RELEASE COPYRIGHTED DATA
I, _____________________________, certif y that I have the authority to authorize the City of
Mounds View to release the following copyrighted data of which I am the copyright holder:
______________________________________________________________________________
______________________________________________________________________________
To the following person or people:__________________________________________________
______________________________________________________________________________
The person or people receiving the copyrighted data may use it only for the following purpose or
purposes:______________________________________________________________________
This authorization is dated _________________ and expires* on _________________________
*The expiration cannot exceed one year from the date of the authorization.
I, the undersigned, agree to give up and waive all claims that I might have against the City, its
agents and employees for releasing data pursuant to this request.
______________________________________________________________________________
Printed Name Title
______________________________________________________________________________
Complete Address Phone Number
______________________________ _______________________________________________
Notarized Signature Date
STATE OF MINNESOTA )
) ss.
COUNTY OF___________________ )
On this ______ day of _________________, 20_____, before me, a Notary Public within
and for said County, personally appeared ____________________________________, known to
me to be the person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her own free act and deed.
_________________________________________
Notary Public
Exhibit 8
MU125\11\850810.v2
EXHIBIT 8
DATA PRACTICES ADVISORY
(Tennessen Warning)
Some or all of the information that you are asked to provide on the attached form is classified by
state law as either private or confidential. Private data is information that generally cannot be
given to the public but can be given to the subject of the data. Confidential data is information
that generally cannot be given to either the public or the subject of the data.
The City’s purpose and intended use of this information is:______________________________
______________________________________________________________________________
You ___ are/ ___ are not legally required to provide this information.
If you refuse to supply the information, the following may happen: ________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Other persons or entities authorized by law to receive this information are:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Exhibit 9
MU125\11\850810.v2
EXHIBIT 9
CITY OF MOUNDS VIEW
TENNESSEN WARNING FORM
It is the City of Mounds View’s responsibility to inform potential employees of their privacy
rights. Please carefully read the Tennessen Warning provided below. Sign and date the form
and return it with your application. Your signature indicates that you have received information
regarding your rights as they pertain to the Minnesota Government Data Practices Act.
In accordance with the Minnesota Government Data Practices Act, the City of Mounds View is
required to inform you of your rights as they relate to the private information collected from you.
Private data is information that is available to you, but not to the public; much of the personal
information we collect about you is private. Minnesota Statutes Sections 13.04 and 13.43 are
two sections that govern what affects you as an applicant for employment at the City of Mounds
View. All data collected is considered private except for the following:
1. Your veteran’s status;
2. Relevant test scores;
3. Your job history;
4. Your education and training; and
5. Your work availability.
Your name is considered to be private information; however, if you are selected to be
interviewed as a finalist, your name becomes public information.
The data supplied by you may be used for such other purposes as may be determined to be
necessary in the administration of personnel policies, rules, and regulations of the City of
Mounds View. Furnishing social security numbers is voluntary for applicants to the City of
Mounds View, but refusal to supply other requested information would mean that your
application for employment might not be considered.
Private data is available only to you, appropriate City employees, and others as provided by state
and federal laws who have a bona fide need for the data. Public data is available to anyone
requesting it and consists of all data furnished in the application for employment that is not
designated in this notice as private data.
The information you give about yourself is needed to identify you and to assist the City of
Mounds View in determining your suitability for the position for which you are applying.
I have read and understand the information given above regarding the Minnesota Data Practices
Act.
____________________________________________ ________________________
Applicant Signature Date
Exhibit 10
MU125\11\850810.v2
EXHIBIT 10
SAMPLE CONTRACT PROVISION
Data Practices Compliance. Contractor will have access to data collected or maintained by the
City to the extent necessary to perform Contractor’s obligation under this contract. Contractor
agrees to maintain all data contained from the City in the same manner as the City is required
under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (the “Act”).
Contractor will not release or disclose the contents of data classified as not public to any person
except at the written direction of the City. Contractor agrees to defend and indemnify the City
from any claim, liability, damage or requirements of the Act or this contract. Upon termination
of this contract, Contractor agrees to return data to the City as requested by the City.
Exhibit 11
EXHIBIT 11
Building Permit/Plans
DATA PRACTICES ADVISORY
You may be required to submit building plans with your building permit application so that the City
of Mounds View can determine whether or not your building permit application should be approved.
If you do not submit plans when they are required, your building permit will not be approved. The
Minnesota Government Data Practices Act establishes a presumption that all government data are
public and are accessible by the public for both inspection and copying unless there is a federal law, a
state statute, or a temporary classification of data that provides that certain data are not public.
Minnesota Statutes, Section 13.01 defines “government data” as being all data collected, created,
received, maintained, or disseminated by the City.
The Government Data Practices Act allows building plans to be classified as nonpublic ONLY if
they contain the following information:
Security information defined by Minnesota Statutes, Section 13.37 as being “government data the
disclosure of which the responsible authority determines would be likely to substantially
jeopardize the security of information, possessions, individuals or property against theft,
tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury.”
AND / OR
Trade Secret information defined by Minnesota Statutes, Section 13.37 as being “government
data, including a formula, pattern, compilation, program, device, method, technique or process
(1) that was supplied by the affected individual or organization, (2) that is the subject of efforts
by the individual or organization that are reasonable under the circumstances to maintain its
secrecy, and (3) that derives independent economic value, actual or potential, from not being
generally known to, and not being readily ascertainable by proper means by, other persons who
can obtain economic value from its disclosure or use.”
Building plans submitted to the City are generally public information. If the plans are copyrighted,
they will be made available for viewing by the public but will not be allowed to be copied unless a
release is obtained by the City from the copyright holder. If you believe that your building plans
qualify for the classification of nonpublic data as described above, you must provide documentation
verifying your claim. The Responsible Authority for the City of Mounds View will determine
whether the plans qualify for nonpublic data classification within 10 business days of the request. If
you do not agree with the determination of the Responsible Authority, you may file an application for
a temporary classification of nonpublic data with the Commissioner of Administration.
Exhibit 11
Building plans and related documents submitted to the City are presumed to be public and by
submitting them to the City and by signing this document you are expressly giving permission to
the City to make copies for the City’s use and to make available to the public upon request unless
you indicate otherwise as follows:
_______ The building plans I have submitted are COPYRIGHTED under and
protected by the Federal Copyright Act and I do not give permission for them to be
copied for release to the public. However, I understand the plans are considered public
information under Minnesota law and may be viewed by the public.
_______ The building plans I have submitted contain TRADE SECRET
INFORMATION as defined by Minn. Stat. § 13.37, subd. 1 (a) and are to be treated as
protected nonpublic data. I understand I must provide an explanation (below) to support
my claim that the information I am providing constitutes trade secret information under
law.
_______ The building plans I have submitted contain SECURITY INFORMATION as
defined by Minn. Stat. § 13.37, subd. 1 (a) and are to be treated as protected nonpublic
data. I understand I must provide an explanation (below) to support my claim that the
information I am providing constitutes security information under law.
Explanation:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_______________________________________ ______________________________
Name of Applicant (Please Print) Date
_______________________________________ ______________________________
Signature of Applicant Property address
_______________________________________ ______________________________
Contact Address Contact phone
_______________________________________
Email address
Appendix A-1
MU125\11\850810.v2
APPENDIX A
NONPUBLIC, PRIVATE, AND CONFIDENTIAL DATA
MAINTAINED BY THE CITY OF MOUNDS VIEW
The list of data types is divided into the following categories: General; Administration;
Planning; Personnel; and Police. The categories are provided only for convenience in
locating types of data. Inclusion in any particular category is not intended to indicate an
exclusive location for that data type (e.g., data listed under Personnel may be physically
located in more than one City department).
GENERAL
Applications for Election or Appointment
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 3
DESCRIPTION OF DATA: Data on applicants collected by the City from the applicant’s
application is private, except the following is public: name, city of residence, education and
training, employment history, volunteer work, awards and honors, and prior government service
or experience. Once appointed, the following is public: residential address and either telephone
number or email where the appointee may be reached, or both at the request of the appointee.
Audit Data (provided by State Auditor)
CLASSIFICATION(S): Protected Nonpublic/Confidential
GOVERNING STATUTE: Minn. Stat. § 6.715, subd. 5
DESCRIPTION OF DATA: Data relating to an audit, examination or investigation performed
by the State Auditor. Data provided by the State Auditor for purpose of review and verification
must be protected from unlawful disclosure.
Business Data
CLASSIFICATION(S): Private/Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.591
DESCRIPTION OF DATA: Data submitted to the City by a business requesting financial
assistance or benefits financed by public funds are private or nonpublic data. The data becomes
public when public financial assistance is provided or the business receives a benefit from the
City, except that business plans, income and expense projections not related to the financial
assistance provided, customer lists, income tax returns, and design, market and feasibility studies
not paid for with public funds remain private or nonpublic.
City Attorney Records
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.393
DESCRIPTION OF DATA: The use, collection, storage, and dissemination of data by the City
Attorney is governed by statutes, rules, and professional standards concerning discovery,
production of documents, introduction of evidence, and professional responsibility. Data which
Appendix A-2
MU125\11\850810.v2
is the subject of attorney-client privilege is confidential. Data which is the subject of the “work
product” privilege is confidential.
Civil Investigative Data
CLASSIFICATION(S): Confidential/Protected Nonpublic/Not Public/Public
GOVERNING STATUTE: Minn. Stat. § 13.39
DESCRIPTION OF DATA: Data collected as part of an active investigation undertaken to
commence or defend pending civil litigation, or which are retained in anticipation of pending
civil litigation are classified as protected nonpublic data pursuant to Minn. Stat. § 13.02, subd.
13, in the case of data not on individuals and confidential pursuant to Minn. Stat. § 13.02, subd.
3, in the case of data on individuals. The City may make any data classified as confidential or
protected nonpublic accessible to any person, agency or the public if the City determines that the
access will aid the law enforcement process, promote public health or safety or dispel
widespread rumor or unrest.
Community Dispute Resolution Center Data
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.88
DESCRIPTION OF DATA: Data relating to a case in a community dispute resolution program
are classified as private data on individuals, with the exceptions set forth in Minn. Stat. § 13.88.
Council Meetings Having Data Classified as Nonpublic
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13D.05
DESCRIPTION OF DATA: Any portion of a meeting must be closed if expressly required by
other law or if the following types of data are discussed: data that would identify alleged victims
or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable
adults; active investigative data as defined in section 13.82, subd. 7, or internal affairs data
relating to allegations of law enforcement personnel misconduct collected or created by a state
agency, statewide system, or political subdivision; or educational data, health data, medical data,
welfare data, or mental health data that are not public data under section 13.32, 13.3805, subd. 1,
13.384, or 13.46, subds. 2 or 7.
Elected Officials Correspondence
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 2
DESCRIPTION OF DATA: Correspondence between individuals and elected officials is private
data on individuals, but may be made public by either the sender or the recipient.
Financial Disclosure Statements
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 1.
DESCRIPTION OF DATA: Financial disclosure statements of elected or appointed officials
which, by requirement of the City, are filed with the City, are public data on individuals.
Appendix A-3
MU125\11\850810.v2
Grants
CLASSIFICATION(S): Nonpublic/Private
GOVERNING STATUTE: Minn. Stat. § 13.599
DESCRIPTION OF DATA: Data created by state agency providing grants and persons/agencies
that apply for or receive grants.
Identity of Employees Making Complaints
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 181.932, subd. 2; 13.7905, subd. 5(b)
DESCRIPTION OF DATA: The identity of an individual who reports to any governmental body
or law enforcement official a violation or suspected violation by the individual’s employer of any
federal or state law or rule is private data on individuals if it meets the requirements of Minn.
Stat. § 181.932, subd. 2.
Internal Competitive Response
CLASSIFICATION(S): Private/Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.591, subd. 5, 13.37.
DESCRIPTON OF DATA: A bid or proposal to provide the City with goods or services that is
prepared by City staff in competition with bids or proposals solicited by the City from the private
sector or a different government entity from the private sector are classified as private or
nonpublic until completion of the selection process or completion of the evaluation process at
which time the data are public with the exception of trade secret information as defined and
classified in Minn. Stat. § 13.37.
Internal Auditing Data
CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.392
DESCRIPTION OF DATA: Data, notes, and preliminary drafts of reports created, collected and
maintained by the internal audit offices of the City or by person performing audits for the City
and relating to an audit or investigation are confidential data on individuals or protected
nonpublic data until the final report has been published or the audit or investigation is no longer
being pursued actively. Data on an individual supplying information for an audit or investigation
that could reasonably be used to determine the individuals’ identity are private data on
individuals if the information supplied was needed for an audit or investigation and would not
have been provided to the internal audit office or person performing audits without an assurance
to the individual that the individual’s identity would remain private.
Judicial Data
CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.03, subd. 4(e)
DESCRIPTION OF DATA: Judicial branch data disseminated to the City has the same
classification in the hands of the City as it had in the hands of judicial branch entity providing it.
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Personal Contact and Online Account Information
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.356, 13.04, subd. 2.
DESCRIPTION OF DATA: Data on an individual collected, maintained, or received by the City
for notification purposes or as part of a subscription list for the City’s electronic periodic
publications as requested by the individual are classified as private data on individuals. This data
includes telephone numbers, e-mail addresses, internet user names and passwords, Internet
protocol addresses, and any other similar data related to the individual’s online account or access
procedures. This data may only be used for the specific purpose for which the individual
provided the data. This data also does not include data submitted for purposes of making a
public comment.
Pleadings
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.03, subd. 12
DESCRIPTION OF DATA: Pleadings in a lawsuit by or against the City are public data to the
same extent that the data would be public if filed with the court.
Requests for Proposals
CLASSIFICATION(S): Private/Nonpublic/Not Public/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.591, subd. 3(b), 13.37
DESCRIPTION OF DATA: Data submitted by a business to the City in response to a request
for proposals, as defined in Minn. Stat. § 16C.02, subd. 12, are private or nonpublic until the
time and date specified in the solicitation that proposals are due, at which time the name of the
responder becomes public. All other data in a responder’s response to a request for proposals are
private or nonpublic data until completion of the evaluation process. After a government entity
has completed the evaluation process, all remaining data submitted by all responders are public
with the exception of trade secret data as defined and classified in Minn. Stat. § 13.37. A
statement by a responder that submitted data are copyrighted or otherwise protected does not
prevent public access to the data contained in the response. If all responses to a request for
proposals are rejected prior to completion of the evaluation process, all data, other than the
names of the responders, remain private or nonpublic until a resolicitation of the requests for
proposal results in completion of the evaluation process or a determination is made to abandon
the purchase. If the rejection occurs after the completion of the evaluation process, the data
remain public. If a resolicitation of proposals does not occur within one year of the proposal
opening date, the remaining data become public.
Sealed Bids
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Sealed bids, including the number of bids received, prior to opening
are classified as nonpublic data with regard to data not on individuals and as private data with
regard to data on individuals.
Appendix A-5
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Security Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Data which, if the Responsible Authority determines its disclosure
would be likely to substantially jeopardize the security of information, possessions, individuals
or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass,
or physical injury is classified as nonpublic data with regard to data not on individuals and as
private data with regard to data on individuals. This includes checking account numbers, crime
prevention block maps and lists of volunteers who participate in community crime prevention
programs and the volunteers’ home and mailing addresses, telephone numbers, e-mail or other
digital addresses, Internet communication services account information or similar account
information, and global positioning system locations. If the City denies a data request based on a
determination that the data are security information, upon request, the City must provide a short
description explaining the necessity for the classification.
Service Cooperative Claims Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.203
DESCRIPTION OF DATA: Claims experience and all related information received from
carriers and claims administrators participating in a group health or dental plan, including any
long-term disability plan, offered through Minnesota service cooperatives to Minnesota political
subdivisions and survey information collected from employees and employers participating in
these plans and programs, except when the executive director of a Minnesota service cooperative
determines that release of the data will not be detrimental to the plan or program, are classified as
nonpublic data not on individuals.
Social Security Numbers
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.355
DESCRIPTION OF DATA: Social Security numbers of individuals are private data on
individuals, except to the extent that access to the Social Security number is specifically
authorized by law.
Social Security Numbers on Mailings
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.355, subd. 3
DESCRIPTION OF DATA: The City may not mail, deliver, or cause to be mailed or delivered
an item that displays a Social Security number on the outside of the item or if it is visible without
opening the item.
Trade Secret Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
Appendix A-6
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DESCRIPTION OF DATA: Data, including a formula, pattern, compilation, program, device,
method, technique or process: (1) that was supplied by the affected individual or organization;
(2) that is the subject of efforts by the individual or organization that are reasonable under the
circumstances to maintain its secrecy; and (3) that derives independent economic value, actual or
potential, from not being generally known to, and not being readily ascertainable by proper
means by, other persons who can obtain economic value from its disclosure or use are nonpublic
data with regard to data not on individuals and as private data with regard to data on individuals.
Utility Disconnection Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.681, subd. 6
DESCRIPTION OF DATA: Data on customers provided to the City by a utility regarding
disconnection of gas or electric service are private data on individuals or nonpublic data.
ADMINISTRATION
Absentee Ballots
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37 and 13.607, subd. 7 and 203B.12, subd. 7
DESCRIPTION OF DATA: Sealed absentee ballots before opening by an election judge are
private and nonpublic. Names of voters submitting absentee ballots may not be made available
for public inspection until the close of voting on Election Day.
Assessor’s Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.51
DESCRIPTION OF DATA: Data contained on sales sheets received from private multiple
listing service organizations is private where the contract with the organizations requires the City
to refrain from making the data available to the public. The following data collected by the City
from individuals or business entities concerning income properties are private or nonpublic: (a)
detailed income and expense figures; average vacancy factors; verified net rentable areas or net
usable area, whichever is appropriate; anticipated income and expenses; projected vacancy
factors; and lease information. Income information on individuals collected and maintained by
the City to determine eligibility of property for class 4d under Minn. Stat. § 273.128 and 273.13,
is private data on individuals.
Candidates for Election to City Council
CLASSIFICATION(S): Public/Private
GOVERNING STATUTE: Op. Atty. Gen. No. 852, October 6, 2006; Advisory Opinion No. 05-
036; Minn. Stat. § 13.607, subd. 8 and 204B.06, subd. 1b
DESCRIPTION OF DATA: Data created, collected, or maintained about an individual
candidate for election to the City Council is public. An affidavit of candidacy must state an
address of residence and telephone number. The candidate may request that the address be
classified as private data by certifying that a police report has been submitted or an order for
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protection has been issued in regard to the safety of the candidate or candidate’s family, or that
the candidate’s address is otherwise private pursuant to Minnesota law.
Computer Access Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.15
DESCRIPTION OF DATA: Data created, collected, or maintained about a person’s access to the
City’s computer system for the purpose of: (1) gaining access to data or information; (2)
transferring data or information; or (3) using government services are private data on individuals
or nonpublic data. This data does not include a cookie temporarily installed by the City on a
person’s computer during a single session or visit to the City’s web site if the cookie is installed
only in a computer’s memory and is deleted from the memory when the web site browser or web
site application is closed.
Deferred Assessment Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.52
DESCRIPTION OF DATA: Data collected pursuant to Minn. Stat. § 435.193, which indicates
the amount or location of cash or other valuables kept in the homes of applicants for deferred
assessment are private data.
Federal Contracts Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.35
DESCRIPTION OF DATA: All data collected and maintained by the City when required to do
so by a federal agency as part of its contract with the City are classified as either private or
nonpublic depending on whether the data are data on individuals or data not on individuals.
Homestead Applications
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.4965, subd. 3, 273.124, subd. 13
DESCRIPTION OF DATA: Social Security numbers, affidavits, or other proofs of entitlement to
homestead status that are submitted by property owners or their spouses are private data on
individuals. The data may be disclosed to the Commissioner of Revenue or, under limited
circumstances, the County Treasurer.
Lodging Tax Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.495
DESCRIPTION OF DATA: Data, other than basic taxpayer identification data, collected from
taxpayers under a lodging tax ordinance are nonpublic data.
Municipal Bonds Register Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 12, 475.55, subd. 6
Appendix A-8
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DESCRIPTION OF DATA: Data with respect to the ownership of municipal obligations are
nonpublic data or private data on individuals.
Municipal Self-Insurer Claims
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 9(a), 471.617, subd. 5
DESCRIPTION OF DATA: Data about individual claims or total claims made by an individual
under a self-insured health benefit plan of a municipality are private.
Registered Voter Lists
CLASSIFICATION(S): Confidential/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.607, subd. 6; 201.091
DESCRIPTION OF DATA: The information contained in the master list of registered voters
may only be made available to public officials for purposes related to election administration,
jury selection, and in response to a law enforcement inquiry concerning a violation of or a failure
to comply with any criminal statute or state or local tax statute.
Security Service Data
CLASSIFICATION(S): Nonpublic//Public
GOVERNING STATUTE: Minn. Stat. §§ 13.861, 13.37 and 13.82, subd. 2, 3 and 6.
DESCRIPTION OF DATA: Data collected, created, or maintained by a security service for the
purpose of providing security services to the City that are similar to the data described as request
for service data and response or incident data in Minn. Stat. § 13.82, subd. 3 and 6 are public. If
personnel of a security service make a citizen’s arrest, then any security service data that are
similar to the data described as arrest data in Minn. Stat. § 13.82, subd. 2 are public. If a security
service participates in but does not make an arrest, it shall, upon request, provide data that
identify the arresting law enforcement agency. All other security service data are nonpublic.
Social Recreational Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.548
DESCRIPTION OF DATA: For individuals enrolling in recreational or other social programs:
name, address, telephone number, any other data that identifies the individual, and any data
which describes the health or medical condition of the individual, family relationships, living
arrangements, and opinions as to the emotional makeup or behavior of an individual are
classified as private.
Solid Waste Collector Customer Lists
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.7411, subd. 4 (d), 115A.93, subd. 5
DESCRIPTION OF DATA: Customer lists provided to the City by solid waste collectors are
private data on individuals or nonpublic data with regard to data not on individuals.
Appendix A-9
MU125\11\850810.v2
PLANNING
Appraisal Data
CLASSIFICATION(S): Confidential/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 3
DESCRIPTION OF DATA: Estimated or appraised values of property that are made by the City
or by an independent appraiser acting for the City for the purpose of selling or acquiring land
through purchase or condemnation are classified as confidential data on individuals or protected
nonpublic data. However, this data becomes public at the discretion of the City Council,
determined by majority vote of the City’s governing body. Appraised values of property that are
made by appraisers working for fee owners or contract purchasers who have received an offer to
purchase their property from a government entity are classified as private data on individuals or
nonpublic data. Appraisal data made confidential or nonpublic become public when the data are
submitted to a court appointed condemnation commissioner, the data are presented in court in
condemnation proceedings or the parties enter into an agreement for the purchase and sale of the
property.
Award Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.48
DESCRIPTION OF DATA: Financial data on business entities submitted to the City for the
purpose of presenting awards to business entities for achievements in business development or
performance are private data on individuals or nonpublic data.
Benefit Data
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.462
DESCRIPTION OF DATA: Data on individuals collected or created when an individual seeks
information about becoming, is or was an applicant for or a recipient of benefits or services
provided under any housing, home ownership, rehabilitation and community action agency,
Head Start, or food assistance programs administered by the City are private data on individuals
with the exception of the names and addresses of applicants for and recipients of the benefits,
which are classified as public data on individuals.
Community Center Data
CLASSIFICATION(S): Private/Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.55
DESCRIPTION OF DATA: Letters or documentation from any person who makes inquiry to or
who is contacted by the community center facility regarding availability of the facility for
staging events; identity of firms and corporations that contact the facility; the type of event that
the contacting person wants to stage in the facility; suggested terms of rentals and responses of
staff to such inquiries are nonpublic or private data on individuals. However, that data becomes
public upon any of the following: (a) five years elapse from the date on which the lease or
contract is entered into between the facility and the inquiring party or parties or the event which
Appendix A-10
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was the subject of inquiry occurs at the facility, whichever occurs earlier; (b) the event which
was the subject of inquiry does not occur; or (c) the event which was the subject of inquiry
occurs elsewhere. The names, addresses and contact persons for individual exhibitors at an
exhibition may be withheld at the discretion of the City to protect the competitive position of the
facility or its customers.
Housing Agency Data
CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.585
DESCRIPTION OF DATA: Correspondence between the housing agency and agency’s attorney
containing data on individuals collected as part of an active investigation undertaken for the
purpose of the commencement or defense of potential or actual litigation; initiation of lease
terminations and eviction actions; admission denial hearings concerning prospective tenants;
commencement of actions against independent contractors of the agency; and tenant grievance
hearings are classified as confidential data. Correspondence between the housing agency and the
agency’s attorney containing data not on individuals collected as part of an active investigation
undertaken for the purpose of the commencement or defense of potential or actual litigation are
classified as protected nonpublic data. Income information on individuals collected and
maintained to determine property tax classification eligibility is private data on individuals. Data
pertaining to negotiations with property owners regarding the purchase of property are classified
as nonpublic data.
Planning Questionnaires
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.59
DESCRIPTION OF DATA: Names and addresses of individuals and businesses and the legal
descriptions of property owned by individuals and businesses, when collected in surveys of
individuals conducted by the City for the purposes of planning, development, and
redevelopment.
Property Complaint Data
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 1
DESCRIPTION OF DATA: Data that identifies individuals who register complaints concerning
violations of state laws or local ordinances concerning the use of real property are classified as
confidential data.
Redevelopment Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.59
DESCRIPTION OF DATA: Names and addresses of individuals and the legal descriptions of
property owned by individuals, when collected in surveys of individuals conducted by the City
or Housing and Redevelopment Authority for the purposes of planning, development, and
redevelopment are classified as private data. Names and addresses of businesses and the legal
Appendix A-11
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descriptions of business properties and the commercial use of the property to the extent the
disclosure of the use would identify a particular business are nonpublic data.
PERSONNEL
Applicant Information
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43.
DESCRIPTION OF DATA: Generally, all data about people who are or were an employee, an
applicant for employment, a volunteer, or an independent contractor is private with the following
exceptions which are public:
• Veteran status
• Relevant test scores
• Rank on eligibility list
• Job history
• Education and training
• Work availability
• Name, after being certified as eligible for appointment to a vacancy or when considered a
finalist for a position of public employment (which occurs when the person has been
selected to be interviewed by the appointing authority)
• Names of applicants for appointment to and members of an advisory board or
commission.
Applicants to a Public Body
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.601
DESCRIPTION OF DATA: Generally, all data about people who are or were an applicant to or
an appointed member of a public body is private with the following exceptions which are public:
• Name
• City of Residence
• Education and Training
• Employment History
• Volunteer Work
• Awards and Honors
• Prior Government Service
Appointed (Not Elected) Members to a Public Body
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.601
DESCRIPTION OF DATA: Generally, all data about people who are or were an appointed, not
elected, to a public body is private, with the following exceptions which are public:
• Name
• City of Residence
Appendix A-12
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• Education and Training
• Employment History
• Volunteer Work
• Awards and Honors
• Prior Government Service
• Residential Address
• Either a telephone number or electronic mail address where the appointee can be reached,
or both, at the request of the appointee
Employee Assistance Information
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.43, subd. 7
DESCRIPTION OF DATA: Employee assistance program data, such as training, assessment,
counseling, and referral services for employees and their dependents, are private data on
individuals.
Employee Data Generally
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43.
DESCRIPTION OF DATA: Generally, all data about current and former City employees,
volunteers, and independent contractors are private with the following exceptions which are
public:
• Name
• Actual gross salary
• Salary Range
• Contract fees
• Actual gross pension
• Value and nature of employer paid fringe benefits
• Basis for and the amount of added remuneration, including expense reimbursement, in
addition to salary
• Job title
• Job description
• Education and training background
• Previous work experience
• Date of first and last employment
• The existence and status (but not nature) of any complaints or charges against the
employee, regardless of whether the complaint or charge resulted in a disciplinary action
• Final disposition of any disciplinary action, with specific reasons for the action and data
documenting the basis of the action, excluding data that would identify confidential
sources who are employees of the public body
• Terms of any agreement settling any dispute arising from the employment relationship,
including a “buyout” agreement
• Work location
Appendix A-13
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• Work telephone number
• Badge number
• Honors and awards received
• Payroll time sheets or other comparable data that are only used to account for employee’s
work time for payroll purposes, except to the extent that release of time sheet data would
reveal the employee’s reasons for the use of sick or other medical leave or other non-
public data.
Employee Drug and Alcohol Tests
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.43, 13.7905, subd. 5(c), 181.954, subd. 2 and 3
DESCRIPTION OF DATA: Test results and other information acquired in an employee drug and
alcohol testing process are private data on individuals.
Employment and Training Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.47
DESCRIPTION OF DATA: Data on individuals collected, maintained, used, or disseminated
because an individual applies for, is currently enrolled in, or has been enrolled in employment
and training programs funded with federal, state or local resources are private data on
individuals.
Examination Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.34
DESCRIPTION OF DATA: Data consisting solely of testing or examination materials or
scoring keys used solely to determine individual qualifications for appointment or promotion, the
disclosure of which would compromise the objectively or fairness of the testing or examination
process are classified as nonpublic, except pursuant to court order.
Harassment
CLASSIFICATION(S): Confidential/Private
GOVERNING STATUTE: Minn. Stat. § 13.43 subd. 8
DESCRIPTION OF DATA: When there is a harassment complaint against an employee, the
employee may not have access to data that would identify the complainant or other witnesses if
the data would threaten the personal safety of the complainant or witness or subject the
complainant or witness to harassment. However, summary information will be provided to the
employee in order for him/her to prepare for a disciplinary proceeding that has been initiated.
Human Rights Data
CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.552, 363A.28 and 363A.35
DESCRIPTION OF DATA: Data maintained by the human rights department of the city,
including: investigative data in an open case file; the name and address of the charging party or
Appendix A-14
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respondent, factual basis of the allegations, and statute or ordinance under which the charge is
brought; investigative data in a closed case file.
Labor Relations Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Management positions on economic and noneconomic items that
have not been presented during the collective bargaining process or interest arbitration, including
information specifically collected or created to prepare the management position is classified as
nonpublic data with regard to data not on individuals and as private data with regard to data on
individuals.
Personnel and Employment Data
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43.
DESCRIPTION OF DATA: Certain government data on individuals maintained because the
individual is or was an employee of or an applicant for employment by, performs services on a
voluntary basis for, or acts as an independent contractor with the City are public as set forth in
Minn. Stat. § 13.43, subd. 2. All other personnel data is private data on individuals but may be
released pursuant to a court order. Data pertaining to an employee’s dependents are private data
on individuals.
Protection of Employee or Others
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43 subd 11
DESCRIPTION OF DATA: If it is reasonably necessary to protect an employee from harm to
self or to protect another person who may be harmed by the employee, information that is
relevant to the safety concerns may be released to (1) the person who may be harmed or to the
person’s attorney when relevant to obtaining a restraining order, (2) a prepetition screening team
in the commitment process, or (3) a court, law enforcement agency or prosecuting authority.
Salary Benefit Survey Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.435
DESCRIPTION OF DATA: Salary and personnel benefit survey data purchased from consulting
firms, nonprofit corporations or associations or obtained from employers with the written
understanding that the data shall not be made public are classified as nonpublic data.
Undercover Law Enforcement Officer
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43 subd. 5
DESCRIPTION OF DATA: All personnel data about an undercover law enforcement officer is
private until no longer assigned to those duties. Then, the officer is subject to the same rules
applicable to other employees unless the law enforcement agency determines that revealing the
data would threaten the officer’s safety or jeopardize an active investigation.
Appendix A-15
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Public Safety Peer Counseling and Critical Incident Stress Management Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.43, subd. 9, 181.9731, 181.9732
DESCRIPTION OF DATA: Data acquired by a peer support counselor in public safety peer
counseling or data acquired by a critical incident stress management team member providing
critical incident stress management services. “Public safety peer counseling” means a session or
sessions led by a peer support counselor held for an emergency service provider (peace officers,
correctional officers, probation officers, supervision agents, firefighters, rescue squad members,
dispatchers, hospital or emergency medical clinic personnel, a person who provides emergency
medical services for a Minnesota licensed ambulance service, forensic science professional, or
other person involved with public safety emergency services, either paid or volunteer) who
experienced an occupation-related trauma, illness, or stress develop skills and strategies to better
understand, cope with, and process emotions and memories tied to the trauma, illness, or stress.
This includes group sessions led by a peer support counselor, one-to-one contact with a peer
support counselor, and meetings with a peer support counselor to obtain referrals to appropriate
mental health or community support services. “Critical incident stress management services”
means consultation, risk assessment, education, intervention, and other crisis intervention
services provided by a critical incident stress management team or critical incident stress
management team member to an emergency service provider affected by a critical incident. The
data shall not be disclosed to third parties as it is classified as private data. Exceptions include
when disclosure: (1) is necessary to prevent harm to self by the recipient of the services or to
prevent the person from harming someone else; (2) is required by mandatory reporting laws; (3)
is authorized by the person who received services and the person provides written consent; (4) is
authorized by the living spouse or estate administrator of a deceased person who received
services; or (5) is required under limited circumstances related to testimony.
PUBLIC SAFETY
Arson Investigation
CLASSIFICATION(S): Confidential/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 26, 299F.055 and 299F.056
DESCRIPTION OF DATA: Data received pursuant to the Arson Reporting Immunity Law,
Minn. Stat. § 299F.052 to 299F.057 by an authorized person or insurance company shall be
confidential data until its release is required pursuant to a criminal or civil proceeding.
Child Abuse Report Records
CLASSIFICATION(S): Confidential/Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (b), 13.82, subd. 8 and 9 and 626.556,
Minn. Stat., Chapter 260E
DESCRIPTION OF DATA: Active or inactive investigative data that identify a victim of child
abuse or neglect reported under Minn. Stat. § 626.556 are private data on individuals. Active or
inactive investigative data that identify a reporter of child abuse or neglect under Minn. Stat. §
626.556 are confidential data on individuals, unless the subject of the report compels disclosure
under Minn. Stat. § 626.556, subd. 11. Investigative data that become inactive under Minnesota
Statutes, Section 626.556, subd. 7(a) or (b) and that relate to the alleged abuse or neglect of a
Appendix A-16
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child by a person responsible for the child’s care, as defined in Minn. Stat. § 626.556, subd. 2 are
private data. Various child maltreatment classifications and requirements re-organized under
Minnesota Statutes Chapter 260E.
Civil Commitment Data
CLASSIFICATION(S):
GOVERNING STATUTE: Minn. Stat. § 253B.185, subd. 1(b)
DESCRIPTION OF DATA: Notwithstanding any provision of Minnesota Statutes, Chapter 13,
a county attorney considering the civil commitment of a person may obtain records and data
from the City upon request and without a court order.
Corrections and Detention Data
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.85
DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained because
of their lawful confinement or detainment in state reformatories, prisons and correctional
facilities, municipal or county jails, lockups, work houses, work farms and all other correctional
and detention facilities are classified as private to the extent that the release of the data would
either: (a) disclose medical, psychological or financial information or personal information not
related to their lawful confinement or detainment or (b) endanger an individual’s life.
Corrections and detention data are confidential to the extent that the data would (a) endanger an
individual’s life, (b) endanger the effectiveness of an investigation authorized by statute relating
to the enforcement of rules or law, (c) identify a confidential informant, or (d) clearly endanger
the security of any institution or its population.
Crime Victim Notice of Release
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5 (a), 611A.06
DESCRIPTION OF DATA: All identifying information regarding a crime victim, including a
victim’s request for notice of release and a notice of release made pursuant to Minn. Stat. §
611A.06 is classified as private data on individuals.
Criminal Gang Investigative Data System
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 14, 299C.091
DESCRIPTION OF DATA: Data in the criminal gang investigative data system are confidential
data on individuals as defined in Minn. Stat. § 13.02, subd. 3, but are accessible to law
enforcement agencies and may be released to the criminal justice agencies.
Criminal History Data
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.87
DESCRIPTION OF DATA: Criminal history data maintained by agencies, political subdivisions
and statewide systems are classified as private, pursuant to Minnesota Statutes, Section 13.02,
subd. 12, except that the data created, collected, or maintained by the Bureau of Criminal
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Apprehension that identify an individual who was convicted of a crime, the offense of which the
individual was convicted, associated court disposition and sentence information, controlling
agency and confinement information are public data for 15 years following the discharge of the
sentence imposed for that offense. Data maintained in the integrated search service is private.
An individual who is the subject of the data may only be provided with (1) a list of government
entities that provided public or private data about the individual and (2) data that describes what
is maintained about the individual at each government entity on the list.
Criminal History Data – Discharge / Dismissal of Crime
CLASSIFICATION(S): Not Public
GOVERNING STATUTE: Minn. Stat. § 13.871
DESCRIPTION OF DATA: Data in criminal discharge and dismissal records is classified under
Minn. Stat. § 609.3751, subd. 5.
Data on Videotape Consumers
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 325I.02, subd. 2, 13.487, subd. 3
DESCRIPTION OF DATA: Personally identifiable information concerning a videotape
consumer that a law enforcement agency obtains in connection with an action commenced by the
videotape seller or provider to collect fines for overdue or unreturned videotapes or collection for
unpaid videotapes shall be maintained by the City as investigative data under Minn. Stat. §
13.82, except that when the investigation becomes inactive, the information is private data on
individuals.
Diversion Program Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 18, 299C.46, subd. 5
DESCRIPTION OF DATA: Names and identifying data concerning diversion program
participants that are maintained in the criminal justice information system are private data.
Domestic Abuse Data
CLASSIFICATION(S): Confidential/Public
GOVERNING STATUTE: Minn. Stat. § 13.80
DESCRIPTION OF DATA: Data on individuals collected, created, received or maintained by
the Police Department pursuant to the Domestic Abuse Act, Minn. Stat. § 518B.01 are classified
as confidential data, pursuant to Minn. Stat. § 13.02, subd. 3, until a temporary court order made
pursuant to subdivisions 5 or 7 of Minn. Stat. § 518B.01 is executed or served upon the data
subject who is the respondent to the action.
E-Charging Data
CLASSIFICATION(S): Private/Nonpublic, Confidential /Protected Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.871, subd. 11 and 299C.41.
DESCRIPTION OF DATA: Credentialing data is private or nonpublic data. Auditing data and
workflow and routing data are classified as provided by other law.
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EMT or First Responder Misconduct Data
CLASSIFICATION(S): Confidential/Protected Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.383, subd. 2, 144E.305, subd. 3.
DESCRIPTION OF DATA: Reports of emergency medical technicians, emergency medical
technicians-intermediate, emergency medical technicians-paramedic or first responders
misconduct are considered to be confidential or protected nonpublic while an investigation is
active. Except for the Emergency Medical Services Regulatory Board’s final determination, all
communications or information received by or disclosed to the Board relating to disciplinary
matters of any person or entity subject to the Board’s regulatory jurisdiction are confidential and
privileged and any disciplinary hearing shall be closed to the public.
Emergency Telephone Service
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 6, 403.07, subd. 3 and 4
DESCRIPTION OF DATA: Names, addresses and telephone numbers provided to a 911 system
are private data subject only to public safety exceptions.
Explosives or Blasting Agents
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.6905, subd. 28a; Minn. Stat. § 299F.28 and
299F.75, subd. 4
DESCRIPTION OF DATA: Data related to use and storage of explosives by individuals holding
a permit, including locations of storage, place, and time of intended use of explosives or blasting
agents, and place and means of storage of explosives or blasting agents are nonpublic. Data
may be shared with a government entity or utility whose job duties require access to a facility
containing explosives but may not be disclosed to anyone not directly involved in work to be
completed at the site where the explosives or blasting agents are stored or used.
Firearms Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.87, subd. 2
DESCRIPTION OF DATA: Data about the purchase or transfer of firearms and applications for
permits to carry firearms are classified as private data on individuals.
Hazardous Substance Emergency
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 27, 299F.095 and 299F.096, subd. 1
DESCRIPTION OF DATA: Data contained in hazardous materials notification reports made
pursuant to Minn. Stat. § 299F.091 to 299F.099 are classified as nonpublic data.
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Health Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.3805, subd. 1
DESCRIPTION OF DATA: Data on individuals created, collected, received or maintained by
the City relating to the identification, description, prevention, and control of disease or as part of
an epidemiologic investigation designated by the Commissioner of Health as necessary to
analyze, describe or protect the public health are private data on individuals.
Integrated Search Service Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.873
DESCRIPTION OF DATA: Data on individuals stored on one or more databases maintained by
criminal justice agencies and accessible through the integrated search service operated by the
Bureau of Criminal Apprehension are private.
Investigative Detention Data
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.86
DESCRIPTION OF DATA: Data created, collected, used or maintained by a municipal
correctional or detention facility that, if revealed, would identify an informant who provided
information about suspected illegal activities and is likely to subject the informant to physical
reprisals by others are confidential data on individuals.
Law Enforcement Data
CLASSIFICATION(S): Private/Confidential/Protected Nonpublic/Public/Nonpublic
GOVERNING STATUTE: Minn. Stat. §§13.82, 259.10, subd. 2, 243.166, 299C.54, 626.19
DESCRIPTION OF DATA: Certain arrest data, request for service data, and response or
incident data are public data.
An audio recording of a call placed to a 911 system for the purpose of requesting service for law
enforcement, fire or medical emergency is private data on individuals, except that a written
transcript of the audio recording is public, unless it reveals the identity of an individual otherwise
protected under Minnesota Statutes, Section 13.82, subd. 17.
Criminal investigative data collected or created by a law enforcement agency in order to prepare
a case against a person for the commission of a crime or other offense for which the agency has
primary investigative responsibility is confidential or protected nonpublic while the investigation
is still active. Inactive investigation data is public unless the release of the data would jeopardize
another ongoing investigation or would reveal the identity of individuals protected under
Minnesota Statutes, Section 13.82, subd. 17.
A law enforcement agency may make any data classified as confidential or protected nonpublic
pursuant to Minn. Stat. 13.82, subd. 7 or as private or nonpublic under Minn. Stat. 13.825 or
Minn. Stat. 626.19 accessible to any person, agency, or the public if the agency determines that
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the access will aid the law enforcement process, promote public safety, or dispel widespread
rumor or unrest.
Images and recordings, including photographs, video, and audio records, which are part of
inactive investigative files and which are clearly offensive to common sensibilities are classified
as private or nonpublic data, provided that the existence of the images and recordings shall be
disclosed to any person requesting access to the inactive investigative file.
Data on court records relating to name changes under Minn. Stat. § 259.10, subd. 2 which is held
by a law enforcement agency is confidential data on an individual while an investigation is still
active and is private data on an individual when the investigation becomes inactive.
Data in arrest warrant indices are classified as confidential data until the defendant has been
taken into custody, served with a warrant or appears before the court, except when the law
enforcement agency determines that the public purpose is served by making that information
public.
Data that uniquely describe stolen, lost, confiscated or recovered property are classified as either
private data on individuals or nonpublic data depending on the content.
Financial records of a program that pays rewards to informants are protected nonpublic data in
the case of data not on individuals or confidential data in the case of data on individuals.
Data on registered criminal offenders as described in Minn. Stat. § 243.166 are private data on
individuals.
Data included in a missing children bulletin distributed pursuant to Minn. Stat. § 299C.54 are
public data.
Data that reflect deliberative processes or investigative techniques of law enforcement agencies
are confidential data on individuals or protected nonpublic data, provided that information,
reports, or memoranda that have been adopted as the final opinion or justification for a decision
of a law enforcement agency are public data.
Booking photographs are public data.
Data that would reveal the identity of persons who are customers of a licensed pawnbroker,
secondhand goods dealer or a scrap metal dealer are private data on individuals. Data describing
the property in a regulated transaction with a licensed pawnbroker, secondhand goods dealer or a
scrap metal dealer are public.
Investigative data that become inactive that consist of a person's financial account number or
transaction numbers are private or nonpublic data.
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The existence of all technology maintained by a law enforcement agency that may be used to
electronically capture an audio, video, photographic, or other record of the activities of the
general public, or of an individual or group of individuals, for purposes of conducting an
investigation, responding to an incident or request for service, monitoring or maintaining public
order and safety, or engaging in any other law enforcement function authorized by law is public
data.
Data collected by a law enforcement agency using an unmanned aerial vehicle (“UAV”) are
private data on individuals or nonpublic data, subject to certain conditions and exceptions. Data
collected by a UAV must be deleted as soon as possible or no later than seven days after
collection unless the data is part of an active criminal investigation.
Orders for Protection, Harassment Restraining Orders, and No Contact Orders
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 13, 299C.46, subd. 6, and 626.8457,
subd. 3
DESCRIPTION OF DATA: Data from orders for protection, harassment restraining orders, and
no contact orders and data entered by law enforcement to assist in enforcement of those orders
are private data on individuals. Data about the offender can be shared with the victim for
purposes of enforcement of the order.
Peace Officer Discipline Procedures
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6(o), 626.89, subd. 6, 13.43, and
626.8457, subd. 3
DESCRIPTION OF DATA: Investigative report made by a law enforcement agency in
connection with a peace officer disciplinary matter; identities of confidential informants in such
matters; identities of witnesses expected to testify in disciplinary hearings. Certain data must be
reported to the Minnesota Board of Police Officer Standards and Training (“POST Board”).
Peace Officer Records on Juveniles
CLASSIFICATIONS(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.875, subd. 2, 260B.171, subd. 5.
DESCRIPTION OF DATA: Peace officers’ records of children who are or may be delinquent or
who may be engaged in criminal acts are private data but shall be disseminated pursuant to
Minn. Stat. § 260B.171, subd. 5.
Peace Officer Reports on Accidents
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 169.09, subd. 13
DESCRIPTION OF DATA: Data collected by law enforcement agencies as required for a report
of an accident under Minnesota Statutes, Section 169.09, subd. 8. Data must be disclosed to,
upon written request by, individuals involved in an accident or representing the individual’s
estate, surviving spouse, next of kin, or an appointed trustee, or other person injured in person,
property, or means of support, or who incurs other pecuniary loss by virtue of the accident.
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Reports of Gunshot Wounds
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (a), 626.53
DESCRIPTION OF DATA: A report made by a health professional concerning a wound or
injury arising from or caused by discharge of a firearm or inflicted by the perpetrator of a crime
using a dangerous weapon other than a firearm is confidential data on individuals.
Safe at Home Program Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.805 and 5B.07, subd. 1(b).
DESCRIPTION OF DATA: Identity and location data on a Safe at Home program participant
not otherwise classified by law are private data. “Program participant” means an individual
certified as a program participant under Minn. Stat. § 5B.03. “Identity and location data” means
any data used to identify or physically locate a program participant, including but not limited to
the program participant’s name, residential address, work address, and school address, and that is
collected received or maintained prior to the date a program participant’s certification expires, or
notice of withdrawal from the participant. Private or confidential identity and location data on a
program participant who submits a notice in writing that the participant is certified in the Safe at
Home address confidentiality program may not be shared with any other government entity or
disseminated to any person unless 1) the program participant has expressly consented in writing
to sharing the dissemination of the data for the purpose in which the sharing will occur; 2) the
data are subject to dissemination pursuant to a court order; 3) the data are subject to sharing
pursuant to Minn. Stat. § 5B.07, subd. 2; 4) the location data related to county of residence are
needed to provide public assistance or other government services, or to allocate financial
responsibility for the assistance or services; 5) the data are necessary to perform a government
entity's health, safety, or welfare functions, including the provision of emergency 911 services,
the assessment and investigation of child or vulnerable adult abuse or neglect, or the assessment
or inspection of services or locations for compliance with health, safety, or professional
standards; or 6) the data are necessary to aid an active law enforcement investigation of the
program participant. Regardless of whether certification has been submitted, the City must
accept the address designated by the Secretary of State as a program participant’s address and is
subject to the requirements contained in Minn. Stat. § 5B.05.
Sex Offender HIV Tests
CLASSIF ICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5(b), 611A.19, subd. 2
DESCRIPTION OF DATA: Results of HIV tests of sex offenders are private data on individuals
must be handled in accordance with Minn. Stat. § 611A.19.
Sexual Assault Crime Victims
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 3(e), 609.3471
DESCRIPTION OF DATA: Data that specifically identifies a victim who is a minor, in records
or reports relating to petitions, complaints or indictments made are private data on individuals, if
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related to any of the following offenses: solicitation/inducement/promotion of prostitution, sex
trafficking, criminal sexual predatory conduct, and criminal sexual conduct in the first, second,
third or fourth degrees.
Undercover Buy Fund
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 13, 299C.065, subd. 4
DESCRIPTION OF DATA: An application to the Commissioner of Public Safety for a grant
pursuant to Minn. Stat. § 299C.065 is a confidential record. Information within investigative
files that identifies or could reasonably be used to ascertain the identity of assisted witnesses,
sources or undercover investigators is a confidential record. A report at the conclusion of an
investigation is a public record, except that information in a report pertaining to the identity or
location of an assisted witness is private data.
Use of Motor Vehicle to Patronize Prostitutes
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 3 (c) and 609.324, subd. 5
DESCRIPTION OF DATA: A notation in a driving record that the driver has used a motor
vehicle to patronize prostitutes is classified as private data on individuals, but is accessible for
law enforcement purposes. If the person has previously been convicted of a violation of Minn.
Stat. § 609.322, the notation is public data.
Videotapes of Child Abuse Victims
CLASSIFICATION(S): Private/Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.821, 611A.90
DESCRIPTION OF DATA: An individual subject of data may not obtain a copy of a videotape
in which a child victim or alleged victim is alleging, explaining, denying, or describing an act of
physical or sexual abuse without a court order under Minn. Stat. § 13.03, subd. 6 or 611A.90.
Visa Eligibility Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 611A.95
DESCRIPTION OF DATA: Data provided to a local law enforcement agency for the purposes
of certification for "U nonimmigrant status" (or "U visa"). U nonimmigrant status is for victims
of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement
or government officials in the investigation or prosecution of criminal activity. Local law
enforcement agencies must not disclose the immigration status of victims of certain criminal
activity as described by the federal Immigration and Nationality Act, except to comply with a
federal law or legal process or when given authority by the victim or the victim's legal
representative requesting certification.
Vulnerable Adult Report Records
CLASSIFICATION(S): Private/Confidential/Protected Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (l), 626.557, subd. 12b(b).
Appendix A-24
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DESCRIPTION OF DATA: Data contained in reports made pursuant to Minn. Stat. § 626.557 of
possible incidents of maltreatment of vulnerable adults and identities of individuals making such
reports are confidential data on individuals or protected nonpublic data.
Adopted by the City of Mounds View on _________________, 2023.
__________________________________________
Mayor
__________________________________________
City Administrator