HomeMy WebLinkAboutResolution 10266 - 2026/06/22RESOLUTION NO. 10266
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION ADOPTING A DATA PRACTICES POLICY AND
DESIGNATING THE RESPONSIBLE AUTHORITY AND COMPLIANCE OFFICIAL
WHEREAS, the City of Mounds View (the "City") is required each year, by
August 1, to update its policy regarding procedures, obligations, and data inventories
in accordance with the Minnesota Government Data Practices Act (Minnesota
Statutes Chapter 13) ("MGDPA"); and
WHEREAS, the MGDPA requires the City to designate an individual
responsible for the collection, use, and dissemination of all data on individuals,
government data, and summary data maintained by the City (the "Responsible
Authority"); and
WHEREAS, the MGDPA further requires the City to designate an individual to
whom persons may direct questions or concerns regarding difficulties in obtaining
access to data or other data practices —related issues (the "Compliance Official");
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mounds View hereby adopts the updated document entitled "City of Mounds View
Minnesota Government Data Practices Act Guidelines and Procedures" as the City's
official MGDPA policy (Exhibit A).
BE IT FURTHER RESOLVED that the City Administrator is hereby designated
as the Responsible Authority for purposes of the MGDPA and the City's MGDPA
policy.
BE IT FINALLY RESOLVED that the City Administrator is also hereby
designated as the Compliance Official for purposes of the MGDPA and the City's
MGDPA policy.
Adopted on this 22nd day of June, 2026.
strom, mayor
Attest:
(SEAL)
EXHIBIT A
City of Mounds View
Minnesota Government Data Practices Act
Guidelines and Procedures
June 2026
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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
3.7
No Response from Requestor..................................................................................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........................................................................................I
I
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 COPIES AND ACTUAL COST
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*
Data on Decedents
Data not on
(Minn. Stat. § 13.02,
(Minn. Stat. § 13.10,
Individuals*
subd. 5)
subd. 1)
(Minn. Stat. § 13.02,
subd. 4
Public
Certain data on
Certain data on
Certain data not on
individuals are
decedents are
individuals are
accessible to anyone.
accessible to anyone.
accessible to anyone.
Minn. Stat. § 13.02,
Minn. Stat. § 13.02,
Minn. Stat. § 13.02,
subd. 15.
subd. 15.
subd. 14.
Private
Certain data on
Certain data on
individuals are
decedents are
accessible to the data
accessible to the
subject, but not
representative of the
accessible to the
decedent, but not
public. Minn. Stat. §
accessible to the
13.02, subd. 12.
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
Certain data on
individuals are not
decedents are not
accessible to the data
accessible to the
subject and not
representative of the
accessible to the
decedent and not
public. Minn. Stat.
accessible to the
§13.02, subd. 3.
public.** Minn.
Stat. § 13.10, subd. 1
a.
Protected
Certain data not on
Nonpublic
individuals are not
accessible to the data
subject and not
accessible to the
public. Minn. Stat. §
13.02, subd. 13.
* "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.
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** 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 — an explanation of the meaning of the
data includes clarifying acronyms, lingo, or jargon, but does not include interpretation. 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 or equivalent online form).
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
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
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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.
3.7 No Response from Requestor. If the Responsible Authority notifies the requestor
that responsive data or copies are available for inspection or collection, and the requesting
party does not inspect the data or collect the copies within five (5) business days of the
notification, the Responsible Authority may suspend any further response to the request
until the requestor inspects the data that has been made available, or collects and pays for
copies that have been produced.
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.
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4.1B Private information about an individual may be shown or given to:
4.1B1 The individual, but only once every six months for the same request,
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 or equivalent online form) 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
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provided within 10 days of the date of the request, excluding Saturdays, Sundays and legal
holidays if an immediate response is not possible.
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.
4.713 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.OA Private and confidential data on decedents will become public data 10 years
after the death of the data subject and 30 years after the creation of the data in
accordance with Minnesota Statutes Section 13.10, subd. 2. An individual is
presumed dead if either 90 years have elapsed since the creation of the data or 90
years have elapsed since the individual's birth, whichever is earlier, except that an
individual is not presumed to be dead if the Responsible Authority has information
readily available to him or her indicating the individual is still living.
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5.013 A representative of the decedent may exercise the rights that the decedent
could have exercised as a living individual. A "representative of the decedent"
means a personal representative of the estate of the decedent during the period of
administration, or if no personal representative has been appointed or after
discharge, the surviving spouse, any child of the decedent, or, if there is no
surviving spouse or children, the parents of the decedent.
6.0 Access to Data Not On Individuals. Information not about individuals is classified by
law as public, nonpublic, and protected nonpublic. Information that is not about individuals will
generally be treated the same as data about individuals. Nonpublic and protected nonpublic
information, except for security information, becomes public either 10 years after it was created
by the City or 10 years after the data was received or collected by the City unless the Responsible
Authority reasonably determines that if the information was made public or made available to the
data subject that the harm to the public or the data subject would outweigh the benefit to the public
or the data subject.
6.1 People Entitled to Access.
6.1A Public information not about an individual may be shown to anyone.
Copyrighted documents will not be reproduced or photocopied without express
written permission from the copyright holder. (Exhibit 7 and, for copyrighted
building plans, Exhibit 11)
6.1B Nonpublic information not about an individual may be shown or given to:
6.1131 An authorized representative of the subject entity of the data for the
same request, but only once every six months, unless a dispute has arisen or
additional data has been collected.
6.1132 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)
6.1113 Persons who are authorized access by the federal, state, or local law
or court order.
6.1134 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 or equivalent online form) 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
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defined in Minnesota Statutes Section 16E.015, subd. 4 to the public entity or (3) except
as otherwise provided in Minnesota Statutes Chapter 16E.
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.
9.113 A Tennessen warning is not required when:
9.1131 An individual is requested to supply investigative data to a law
enforcement officer;
9.1132 The data subject is not an individual (e.g., the data subject is a
corporation or partnership);
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9.1133 The data subject offers information that has not been requested by
the City;
9.1134 The information requested from the individual is about someone
else;
9.1135 The City receives information about the subject from someone else;
or
9.1116 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).
9.11) 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.
9.211 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,
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etc.) (This directive does not prohibit employees from collecting data from third
parties).
9.21) 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.
4�12
MU125\11\1101989.v1
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 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.
11.313 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.
11.31) 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;
`13
MU 125\11\1101989.v 1
11.3D2 Do 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.
11.4A When 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.
HAB 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.
HAC 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.
14
MU125\11\1101989.v1
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 Administrator
City of Mounds View
2401 Mounds View Blvd.
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.
Ll
Exhibit 1
MU125\11\1101989.v1
EXHIBIT 2
COPIES AND ACTUAL COST
Copies $.25 per page
(if 100 or fewer pages of black and white
letter or legal size paper copies are requested)
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, 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.
If information is to be provided via digital means (CD or USB drive), a new, unopened product shall
be provided to the City by the requestor.
Document Charge
(charged for certain frequently requested
documents, such as zoning codes, maps,
MU125\1 1\1 101989.vl
Fee as established in the City fee schedule
Exhibit -2
EXHIBIT 3
INFORMATION DISCLOSURE REQUEST
Minnesota Government Data Practices Act
To he Comnleted by Reauestor
REQUESTOR NAME (Last, First, MI):
DATE OF REQUEST:
STREET ADDRESS:
PHONE NUMBER:
CITY, STATE, ZIP CODE:
SIGNATURE:
DESCRIPTION OF THE INFORMATION REQUESTED:
To he Comnleted by the Citv
DEPARTMENT NAME:
HANDLED BY:
INFORMATION CLASSIFIED AS:
ACTION:
❑ PUBLIC ❑ NONPUBLIC
❑ APPROVED
❑ PRIVATE ❑ PROTECTED NONPUBLIC
❑ APPROVED IN PART (explain below)
❑ CONFIDENTIAL
❑ DENIED (explain below)
REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION:
PHOCOPYING CHARGES:
IDENTITY VERIFIED FOR PRIVATE INFORMATION:
❑ NONE
❑ IDENTIFICATION: DRIVER'S LICENSE, STATE I.D., etc.
❑ Pages x =
❑ COMPARISON WITH SIGNATURE ON FILE
❑ Special Rate: (attach explanation)
❑ PERSONAL KNOWLEDGE
❑ OTHER:
AUTHORIZED SIGNATURE: DATE:
Exhibit 3
MU125\1 1\1 101989.v I
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)
'4-Exhibit 4-1
MU125\11\1101989.vl
Title (printed)
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:
Title (if applicable):
REQUESTOR OF SUMMARY DATA:
Title (if applicable):
CITY OF MOUNDS VIEW:
By:
Its:
4-Exhibit 4-2
MU125\11\1101989.v1
Date:
Date:
Date:
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:
BY:
DATE:
(Name) (Title)
REQUEST TO WITHHOLD INFORMATION
I request that the following information
Be withheld from:
For these reasons:
Date: Print name:
Signature:
ai-Exhibit 5
MU125\1 1\1101989.vl
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 6
MU125\11\1101989.vI
EXHIBIT 7
CONSENT TO RELEASE COPYRIGHTED DATA
I, , certify 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
Complete Address
Notarized Signature
STATE OF MINNESOTA
ss.
COUNTY OF
Title
Phone Number
Date
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 7
MU125\11\1101989.v1
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:
'4-Exhibit 8
MU125\11\1101989.v1
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:
Your veteran's status;
Relevant test scores;
Your job history;
Your education and training; and
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
4-Cxhibit 9
MU 125\ 11\ 1101989.0
Date
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.
-4►Exhibit 10
MU125\1 1\1 101989.vl
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.
14Exhibit I1-1
MU125\1 1\1 101989A
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
4-Exhibit 11-2
MU125\I 1\1101989.vl
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 is
4-Appendix A -I
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.
4-Appendix A-2
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.
Appendix A-3
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.
4-Appendix A-4
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
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)
Appendix A-5
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 20313.12, 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 20413.06, subd. lb
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 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.
Appendix A-6
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
DESCRIPTION OF DATA: Data with respect to the ownership of municipal obligations are
nonpublic data or private data on individuals.
-Appendix A-7
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), I I5A.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-8
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 was the
subject of inquiry occurs at the facility, whichever occurs earlier; (b) the event which was the
Appendix A-9
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
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.
4-Appendix A-10
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
• Education and Training
• Employment History
• Volunteer Work
• Awards and Honors
• Prior Government Service
'14-Appendix A -I I
• 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
• 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
Appendix A-12
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
respondent, factual basis of the allegations, and statute or ordinance under which the charge is
brought; investigative data in a closed case file.
"4p,Appendix A-13
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.
Public Safety Peer Counseling and Critical Incident Stress Management Data
CLASSIFICATION(S): Private
4-Appendix A-14
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 child
by a person responsible for the child's care, as defined in Minn. Stat. § 626.556, subd. 2 are private
Appendix A-15
data. Various child maltreatment classifications and requirements re -organized under Minnesota
Statutes Chapter 260E.
Civil Commitment Data
CLASSIFICATION(S):
GOVERNING STATUTE: Minn. Stat. § 25313.185, 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
Apprehension that identify an individual who was convicted of a crime, the offense of which the
'&Appendix A-16
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.
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. § 51813.01 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. § 51813.01 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.
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.
4-Appendix A-17
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, 29917.095 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.
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
-4�Appendix A-18
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 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.
Appendix A-19
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.
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,
4-Appendix A-20
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. § 26013.171, 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.
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 513.07, 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. § 513.03. "Identity and location data" means any data
used to identify or physically locate a program participant, including but not limited to the program
-41
Appendix A-21
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. § 513.07, 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. § 513.05.
Sex Offender HIV Tests
CLASSIFICATION(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. § 61 IA.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
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.
4i Appendix A-22
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 (1), 626.557, subd. 12b(b).
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.
4-Appendix A-23
City of Mounds View
Minnesota Government Data Practices Act
Guidelines and Procedures
Adopted on this 22"d .ice., --' 1,_
A J�) //
Ny VXik Administrator
-Appendix A-24