scott county minnesota government data practices mgdpa

8/13/2019 Scott County Minnesota Government Data Practices MGDPA

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SCOTT COUNTY

GUIDELINES ND PROCEDURES

FOR THE

MINNESOT GOVERNMENT D TPR CTICES CT

Adopted by the Board of Commissioners of Scott ounty October 26 2010


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MINNESOTA GOVERNMENT DAT A PRACTICES ACTTable of Contents

Introduction ...............................................................................................................Overview .................................................................................................................... 4

I Collection of Government Data ................................................................................ 5II Classification of Government Data .......................................................................... 8

A Data on Individuals ................................................................................................ 8B Public Nonpublic or Protected Nonpublic Data Not on Individuals .... .... ..... ..... .. 11C Summary Data ...................................................................................................... 12D Data on Decedents .............................................................................................. 13Ill Request for Government Data ................................................................................ 14

A Requests for Data - General ............................................................................. 14B Requests for Data on Individuals by the Data Subject. 15C Requests for Summary Data ............................................................................. 15D Requests for Government Data by Other Government Agencies ... ... ... ... ... ... .. 16E How Data Practices Applies to Contractual Licensing andFunding Relationship with Governmental Entities ............................................. 16IV Information Disclosure Request Form 17

A Information Disclosure Request ........................................................................ 17B When Completed ............................................................................................... 17V Fees for Copies of Government Data ..................................................................... 17

A Copies Provided at No Charge ........................................................................... 18B Copies Provided With Charge ........................................................................... 18C Copying Fees ..................................................................................................... 18D Collection of Copying Fees ................................................................................ 19E Fee Schedule .................................................................................................... 19F Disposition of Fees ............................................................................................ 19

VI Assignment o Designee ......................................................................................... 19

VII Duties of the Responsible Authority or Designee ................................................. 19A Data Practices Annual Report ............................................................................ 19

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B Procedures for Dissemination of Data ................................................................ 20C Data Protection ................................................................................................... 20

VIII. Access to Government Data ................................................................................... 20A Who Can Make a Data Request? ...................................................................... 20B To Whom Must a Data Request be Made? ....................................................... 20C Request for Summary Data 21

IX Rights of Data Subject ............................................................................................. 21A Tennessen Warning Rights of Data Subject .................................................... 21B Notification to Minors ......................................................................................... 22C Informed Consent .............................................................................................. 23D Procedures for Complying with Data Requests from an Individual ..................... 25E Denial of Request for Data Court Orders Subpoenas .... .... .... .... .... .... .... ... 26F Appeal of Decision of Entity to Commissioner of Administration .......................26

X Role of the Commissioner of Administration ........................................................ 7XI. Consequences for not Complying with MGDPA ................................................... 7

XII. Where More Information Can Be Found ................................................................ 8FORMS, INSTRUCTIONS and DATA PRACTICES NOTICEInformation Disclosure Request ................................................................................ 29Nondisclosure Agreement ......................................................................................... 30Notice of Rights Tennessen Warning Instruction Guide ............................................ 31Notice of Rights Sample Format for Tennessen Warning .......................................... 32Informed Consent Instruction Guide .......................................................................... 34Informed Consent for Release of Information ............................................................ 35Data Practices Notice to Gou rt ................................................................................... 36Appendix A Minnesota Statutes Chapter 13Government Data Practices Act 2010) ......................................... 37Appendix B Chapter 1205 - Department of Administration,

Data Privacy Division, Rules Governing Data Practices .............. 38Appendix C Responsible Authorities and Designees ....................................... 39

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MINNESOT GOVERNMENT D T PR CTICES CT

ntroduction

These guidelines and procedures provide direction in complying with those portions ofthe Minnesota Government Data Practices Act MGDPA) that relate to public access tgovernment data and to the rights o subjects o dataThe public access requirements are:

The presumption that all government data are public unless classified as notpublic by state or federal statute; The right o any person to know what kinds o data are collected by thegovernment entity and how that data is classified; The right o any person to inspect, at no charge, all public government data atreasonable times and places; The right o any person to have public data explained in n understandableway; The right o any person to get copies of public government data atreasonable or actual cost in most cases; The right o any person to an appropriate and reasonably prompt response

from the government entity when exercising these rights; and The right o any person to be informed o the authority by which an entity maydeny access to government data.


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A BRIEF OVERVIEW OF THEMINNESOTA GOVERNMENT DATA PRACTICES ACT

The Minnesota Government Data Practices Act regulates the management of allgovernment data that are created, collected, received, or released by a governmententity, no matter what form the data are in or how they are stored or used.Briefly the Act regulates:

what data can be collected; who may see or get copies of the data; the classification of specific types of government data; the duties of government personnel in administering the Act; procedures for access to the data; procedures for classifying data as not public; civil penalties for violation of the Act; and the charging of fees for copies of government data.

Government data is either data on individuals r data not on individuals Data onindividuals are classified as either public, private, or confidential. Data not onindividuals are classified as public, nonpublic, or protected nonpublic. This classificationsystem determines how government data are handled see chart below).

Data o Individuals Meaning o Data ot o IndividualsClassificationPublic Available to anyone for Publicany reason

Available only to the dataPrivate subject and to anyone Nonpublicauthorized by the datasubject or by law to see it

Confidential Not available to the public Protected Nonpublicor the data subject


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COLLECTION OF GOVERNMENT DATAWhat is the Minnesota Government Data Practices ActThe Minnesota Government Data Practices Act MGDPA), which is set forth inChapter 13 of Minnesota Statutes and Chapter 1205 o Minnesota Rules), is astate law that controls how government data are collected, created, stored,maintained, used, and disseminated.What are government data?Government data are all data, such as facts, information, reports, records,maintained in any recorded form by government entities, including counties. Aslong as data are recorded in some way by a government entity, they aregovernment data, no matter what physical form they are in, or how they are storedor used. Government data may be stored on paper forms/records/files, inelectronic form, on audio or video tape, CDs on charts, maps, etc. Governmentdata normally do not include mental impressions, thoughts, or conversations sincethey are not recorded.Persons or entities licensed or funded by or under contract to a government entityare subject to the MGDPA to the extent specified in the licensing, contract, orfunding agreement.A Official records must be kept. Minn. Stat. 15.17, subd. 1 requires all officersand agencies of the state, and all officers and agencies of counties, cities, andtowns to make and keep all records necessary for a full and accurateknowledge of their official activities. As noted above, requirements forcollecting, creating, maintaining, storing, and disseminating data are found in

the Minnesota Government Data Practices Act and accompanying Rules. Linksfor locating the governing statute and rules can be found in Appendices B andC.

B The collection and storage of public, private, and confidential data onindividuals are limited to that necessary for the administration and managementof programs specifically authorized or mandated by the state, local governingbody, or the federal government.C DEFINITIONS

1 Annual Report The public document required by Minn. Stat. 13.05,subd. 1 containing the name of the responsible authority and the individualdesignee, title and address, and a description of each category of record,file, or process relating to private or confidential data on individualsmaintained by the government entity.2 Authorized Representative The individual, entity, or person authorized toact on behalf of another individual, entity or person. For the purposes of the


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Act, the authorized representative may include, but is not limited to: (a) inthe case of a minor, a parent, or guardian, (see Section IX.B); b) anattorney acting on behalf of an individual when the individual has givenwritten informed consent; (c) any other individual entity, or person givenwritten authorization by the data subject; or d) an insurer or itsrepresentative, provided that the data subject has given informed consentfor the release of the information, (e) court appointed guardian/conservator.3 Court Order The direction of a judge, or other appropriate presiding judicialofficer, made or entered in writing, or on the record in a legal proceeding.4 Data All data collected, created, received, maintained, or disseminated bya government entity regardless of its physical form, storage media, orconditions of use, including, but not limited to, paper records and files,microfilm, computer media, or other processes.5 Data Subject The individual or person about whom the data is created orcollected.6 Designee Any person designated by a responsible authority a) to be incharge of individual files or systems containing government data and b) toreceive and comply with requests for government data.7 Government Entity A state agency, a statewide system or a politicalsubdivision.8 Individual A natural person. In the case of a minor or an individual

adjudged mentally incompetent, individual includes a parent, guardian, anindividual acting as a parent or guardian in the absence of a parent orguardian, except that the responsible authority shall withhold data fromparents, guardians or individuals acting as parents or guardians in theabsence of parents or guardians, upon a request by the minor if theresponsible authority determines that withholding the data would be in thebest interest of the minor.9 Informed Consent The written consent that must be given by a datasubject to allow disclosure of private data regarding the individual.

10 Person Any individual, partnership, corporation, association, businesstrust, or legal representative of an organization.11 Political Subdivision Any county, statutory or home rule charter city,school district, and special district, a town exercising powers under Minn.Stat. Chap. 368 and located in a metropolitan area, and any board,commission, district or authority created pursuant to law, local ordinance, orcharter provision. It includes any nonprofit corporation which is a


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community action agency organized to qualify for public funds, or anynonprofit social service agency which performs services under contract to agovernment entity to the extent that the nonprofit social service agency ornonprofit corporation collects, stores, disseminates, and uses data onindividuals because of a contractual relationship with a government entity.12 Representative of the Decedent The personal representative of an estateof a decedent during the period of administration, or if no personalrepresentative has been appointed, or after discharge, the surviving spouse,any child of the decedent, or if there are no surviving spouse or children,the parents of the decedent.13 Requestor The individual, entity, or person requesting access and/or copiesof government data.14 Responsible Authority for Counties Each elected official of a county

shall be the responsible authority of the respective office. An individual whois an employee of the county shall be appointed by the County Board to bethe responsible authority for any data administered outside the departmentsof elected officials. For a statewide system, the responsible authority is thecommissioner of any state department, or any executive officer designatedby statute or executive order as responsible for such system.15 Rules The Rules Governing the Enforcement of the MinnesotaGovernment Data Practices Act. Minn. R. Chap. 1205. See Appendix B.16 State Agency The state, the University of Minnesota, and any office,

officer, department, division, bureau, board, commission, authority, district,or agency of the state.17 Statewide System Any recordkeeping system in which government datais collected, stored, disseminated, and used by means of a system commonto one or more state agencies or more than one of its political subdivisionsor any combination of state agencies and political subdivisions.18 Temporary Classification An application by a state agency, statewidesystem, or political subdivision, pursuant to Minn. Stat. 13.06, which hasbeen approved by the Commissioner of Administration to classify

government data not classified by state statute r federal law as eitherprivate or confidential for data on individuals, or nonpublic or protectednonpublic for data not on individuals.19 Tennessen Warning Those rights, as contained in Section IX.A,communicated to an individual asked to supply private or confidential dataconcerning her or himself.


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II CLASSIFICATION OF GOVERNMENT DATAFor the purposes of these guidelines, government data is divided into four types;a) data on individuals, which is classified as public, private, or confidential; b)data not on individuals, which is classified as public, nonpublic, or protectednonpublic; c) statistical or summary data derived from data on individuals in whichindividuals are not identified; and d) data on decedents. These classifications, thecriteria for classification, and the description of who has access are as follows:A DATA ON INDIVIDUALS

1 Public Data on Individualsa Definition: All data on individuals is public, unless classified as privateor confidential.b Data on Individuals is Public if:

1 A statute or federal law requires or allows the collection of the dataand does not classify the data as private or confidential.2 An application for Temporary Classification for private or confidentialdata on individuals is disapproved by the Commissioner ofAdministration.3) The data are summary or statistical data derived from data onindividuals.4 Private or confidential data becomes public in order to comply witheither judicial or administrative rules pertaining to the conduct of alegal action. For example: Private or confidential data which ispresented in or to the court and made public by the court.)

c Access: All public data on individuals are accessible by any personreg rdless of their interest in that data.2 Private Data on Individuals

a Definition: Private data on individuals are data which is not accessibleto the public, but is accessible to the individual subject of the data.b Tennessen Warning: Except for law enforcement investigations, aTennessen Warning must be given when private data is collected fromthe subject of the data Section IX.A describes the Tennessen Warning.)

A Tennessen Warning need not be given when private data are collected


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from someone other than the subject of the data.c Data on Individuals is Private if:

1 A state statute or federal law expressly classifies the data as notaccessible to the public, but accessible to the subject of the data.

2 A Temporary Classification of private has been approved by theCommissioner of Administration and has not expired.3 If data are classified as both private and confidential by state orfederal law the data are private.

d Access: Private data on individuals are accessible to:1 The individual subject of the data or the representative as authorized

in writing (if the subject is a minor, usually y the subject s parent orguardian).2 Individuals, entities, or persons who have been given express writtenpermission by the data subject. (Section IX.C. describes InformedConsent.)3 Personnel within the entity whose work assignment requires accessas determined by the responsible authority or designee.4 Individuals, entities, or persons who used, stored, and released

government data collected prior to August 1 1975, with the conditionthat use, storage, and dissemination was not accessible to the public,but accessible to the data subject. Use, storage, and release of thisdata are limited to the purposes for which it was originally collected.5 Individuals, entities, or persons for which a state, local, or federal lawauthorizes new use or new dissemination of the data.6 Individuals, entities, or persons subsequent to the collection of thedata and subsequent to the communication of the TennessenWarning, when specifically approved by the Commissioner of

Administration, as necessary to carry out a function assigned by law.7 Pursuant to a court order.8 Individuals, entities, or persons as otherwise provided by law.


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3 Confidential Data on Individualsa Definition: Data on individuals are confidential i made not accessible bythe public and not accessible to the individual subject of the data bystate statute or federal law.b Tennessen Warning: Except for law enforcement investigations aTennessen Warning must be given when confidential data is collectedfrom the subject of the data. A Tennessen Warning is not given whenconfidential data are collected from someone other than the subject ofthe data.c Data on Individuals are Confidential if:

1 A state or federal statute expressly provides that: a) the data shallnot be available to either the public or to the data subject or b) thedata shall not be available to anyone except those agencies whichneed the data for agency purposes.

2 A Temporary Classification of confidential has been approved by theCommissioner of Administration and has not expired.d Access: Confidential data on individuals are accessible to:

1 Individuals entities or persons who are authorized by state local orfederal law to gain access.2 Personnel within the entity whose work assignment requires accessas determined by the responsible authority or the designee.3) Individuals entities or persons who used stored and disseminatedgovernment data collected prior to August 1, 1975 with the conditionthat the data was not accessible to the individual subject of the data.4 Individuals entities or persons for which a state or federal lawauthorizes a new use or new dissemination o the data.5 Individuals entities or persons subsequent to the collection of the

data and communication of the Tennessen Warning when specificallyapproved by the Commissioner of Administration as necessary tocarry out a function assigned by law.6 Pursuant to a court order.7 Individuals entities or persons as otherwise provided for by law.

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B PUBLIC, NONPUBLIC, OR PROTECTED NONPUBLIC DATA NOT ONINDIVIDUALS1 Public Data Not on Individuals

a. Definition: Public data not on individuals means data not on individualswhich are accessible to the public.b Data Not on Individuals is Public if:

1 A statute or federal law does not expressly classify the data as notpublic.2 An application for Temporary Classification for data as nonpublic orprotected nonpublic is not approved by the Commissioner ofAdministration.3 A statute requires the data to be made available to the public.

c Access: Public data not on individuals are accessible to any personreg rdless of their interest in the data.2 Nonpublic Data Not on Individuals

a Definition: Nonpublic data not on individuals means data which are notpublic but are accessible to the subject of the data if any. As usedhere the subject of the data means a person as defined in Section l.C.paragraph 10

b Data Not on Individuals is Nonpublic if:1 A state statute or federal law classifies the data as not public butaccessible to the subject of the data if any.2 A Temporary Classification of data as nonpublic has been approvedby the Commissioner of Administration.

c Access: Nonpublic data not on individuals are accessible to:1 The subject of the data if any.2 Personnel within the entity whose work assignment requires accessas determined by the responsible authority r designee.3 Individuals entities or persons authorized by statute or federalstatute to gain access.

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4 It is reasonable to conclude that access to the data should be limitedto entities or persons who have the legal authority for access and toentity staff on a need-to-know basis that a representative of theorganization which is the subject of the data may access thenonpublic data and may consent to its release.5 Pursuant to court order.6 Individuals entities or persons as otherwise provided by law.

3 Protected Nonpublic Data Not on Individualsa. Definition: Protected nonpublic data not on individuals means datawhich are not public and not accessible to the subject of the data if any.As used here the subject data means a person as defined in SectionJ.C. paragraph 10.b Data Not on Individuals is Protected Nonpublic if:

1 A state statute or federal law classifies the data as not accessible tothe public and not accessible to the data subject.2 The Temporary Classification of government data as protectednonpublic data has been approved by the Commissioner ofAdministration.

c Access: Protected nonpublic data not on individuals are accessible to:1 Personnel within the entity whose work assignment requires accessas determined by the responsible authority or the designee.2 Individuals entities or persons authorized y statute or federal law togain access.3 Pursuant to a court order.4 Individuals entities or persons as otherwise provided by law.

C SUMMARY DATA1. Definition: Summary data means statistical records and reports derivedfrom data on individuals but in which the individuals are not identified andneither their identities nor other characteristics that could uniquely identifythe individual is ascertainable.

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2 Data is Summary Data if:a All data elements that could link the data to a specific individual havebeen removed; ANDb Any list o numbers or other data which could uniquely identify anindividual is separated from the summary data and is not available topersons who gain access to or possess summary data.

3 Access: Unless classified by a Temporary Classification summary data arepublic and may be requested by and made available to any individual orperson including a governmental entity.D DAT A ON DECEDENTS

1 Private Data on Decedentsa Definition. Upon death private and confidential data on an individualshall become respectively private data on decedents and confidentialdata on decedents.b Access:

1 Access is available to the personal representative o the estateduring the administration or if no personal representative thesurviving spouse any child of the decedent or if no spouse orchildren to the parent o the decedent.2 A trustee appointed in a wrongful death action also has access toappropriate private data on decedents concerning the data subject.

2 Confidential Data on Decedents.a. Definition. Confidential data on decedents means data which prior tothe death of the data subject was classified by statute federal law ortemporary classification as confidential data.b Access. Access to the data is the same as access to confidential data

on individuals.c The representative o the decedent may exercise all rights which areconferred by the Act on individuals who are the subjects of confidentialdata in the case o confidential data on decedents.

3 Release o private data on a decedent or confidential data on a decedentmay also be obtained from a court following the procedure outlined in the

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statute. Any person may bring an action in the district court located in thecounty where the data is being maintained or, in the case of datamaintained by state agency, in any county, to authorize release of privatedata on decedents or confidential data on decedents. The court mustexamine the data and consider whether the harm to the surviving spouse,children, or next-of-kin of the decedent, the harm to any other individualidentified in the data, or the harm to the public outweighs the benefit to theperson bringing the action or the benefit of the public.

4 Private data on decedents and confidential data on decedents shall becomepublic when ten (10) years have elapsed from the actual or presumed deathof the individual and thirty (30) years have elapsed from the creation of thedata. For purposes of this determination, an individual is presumed to bedead if either ninety (90) years elapsed since the creation of the data, orninety (90) years have elapsed since the individual s birth, whichever isearlier, except that an individual is not presumed to be dead if readilyavailable data indicates the individual is still living.

Ill. REQUEST FOR GOVERNMENT DATARefer to Section VI and the Information Disclosure Request form when copies arerequested. While no fee shall be charged for viewing data, the actual costs ofsearching for and retrieving public data may be charged.A REQUEST FOR DATA GENERAL - Upon request to the responsible authorityor designee, an authorized person shall be permitted to inspect governmentdata at reasonable times and places, and if the party requests, they shall be

informed of the meaning of the data. f the data requested are public data noform or writing is necessary and the requestor is not required to identifvthemselves. state a reason for or justify a request to gain access to publicgovernment data. Sufficient information to identify or clarify may be asked forto facilitate access to the data. If requested, public data may be disclosed overthe telephone.If there is a request for copies of data and the county is not able to providecopies at the time of the request is made, copies shall e supplied as soon asreasonably possible.Regardless of where the data originates, if it is in a government entity spossession, it is government data and subject to the access provisions of thelawThe Information Disclosure Request form shall be completed for all requests bythe public for government data which is classified as other than public. Seepage 29

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B REQUESTS FOR DATA ON INDIVIDUALS BY THE D T SUBJECT1 Upon request and when access or copies are authorized, the designee shallprovide copies of the private or public data on an individual to the subject of

the data or authorized representative. See Minn. R 1205.0500 if a datasubject is a minor.2 The designee shall comply immediately, if reasonably possible. or within ten

1 Ol working days of the date of request, if immediate compliance is notreasonably possible.3 After an individual data subject has been shown the private data andinformed of its meaning, the data need not be disclosed to that individual forsix (6) months, unless a dispute or action is pending (concerning accuracyof data), or additional information has been obtained on that individual.

C REQUESTS FOR SUMM RY D TA1 Unless classified by a Temporary Classification, summary data derived fromprivate or confidential data on individuals are public and the responsibleauthority or designee shall provide the summary data upon the writtenrequest of any individual or person.2 Within ten (10) days of receipt of such request, the responsible authority ordesignee shall inform the requestor of the costs o preparing the summarydata, if any3 The responsible authority or the designee shall:

a Provide the summary data requested; ORb Provide a written statement to the requestor describing a time schedulefor preparing the requested data, including reasons for any delays; ORc. Provide access to the requestor to the private or confidential data so thatthe requestor can compile the summary data. Such access will beprovided only when the requestor signs a non-disclosure agreement; ORd Provide a written statement to the requestor stating reasons why therequestor s access would compromise private or confidential data.

4 A non-disclosure agreement (see page 30) is used to protect theconfidentiality of government data when the requestor of the summary dataprepares the summary by accessing private or confidential data onindividuals. A non-disclosure agreement shall contain at least the following:

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a. A general description of the private or confidential data which is beingused to prepare summary data.b The purpose for which the summary data is being prepared.c. A statement that the requester understands that the requester may besubject to the civil or criminal penalty provisions of the Act.d. The signature of the requester and the responsible authority, designee,or representative.

D REQUESTS FOR GOVERNMENT DATA BY OTHER GOVERNMENTAGENCIES.1 A responsible authority shall allow another responsible authority access to

data classified as private, confidential, nonpublic, or protected nonpubliconly when the access is authorized or required by state or federal statute.2. An agency that supplies government data under this section may require therequesting agency to pay the actual cost of supplying the data when therequested data is not provided in the normal course of business and notrequired by state or federal statute.3 In most cases, data shall have the same classification in the hands of theagency receiving it as it had in the agency providing it unless theclassification is required to change to meet judicial or administrative

requirements. When practical and necessary, the agency providing therequested information shall indicate the classification of the information.4 When practical and necessary, the requesting agency not listed on theTennessen Warning see page 32) shall obtain the informed consent fromthe data subject s) for information classified as private or confidential.

E HOW DATA PRACTICES APPLIES TO CONTR CTU L LICENSING ANDFUNDING RELATIONSHIPS WITH GOVERNMENT ENTITIES.1. Pursuant to Minn. Stat. 13.05, subd. 6 if a person receives not public

data on individuals from a government entity because that person hasa contract with that entity, the person must administer the data in amanner that is consistent with the MGDPA.2. Pursuant to Minn. Stat. 13.05, subd. 11 if a private person collects,receives, stores, uses, maintains or disseminates data because theperson has a contract with a government entity to perform any of theentity s functions, all of the data are subject to the requirements of the

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MGDPA and the contractor must comply with the MGDPA requirements.The contractor may be sued under Minn. Stat. 13.08, with civil remedies.The contract must clearly inform the contractor of theseresponsibilities.3 Pursuant to Minn. Stat. 13.02, subd. 11 if the data is collected by anonprofit social services entity which performs services undercontract to a government entity and the data is collected and usedbecause of that contract, access to the data is regulated by the MGDPA.4 If a third party is licensed by a government entity and the licensure isconditioned upon compliance with the MGDPA or if the party hasanother type o contract with a government entity the third party issubject to the MGDPA to the extent specified in the contract or the licensingagreement.

IV. INFORMATION DISCLOSURE REQUEST FORM.A INFORMATION DISCLOSURE REQUEST. The Information DisclosureRequest provides a record of the requester s identification information and thegovernment data requested, as well as the action taken by the responsibleauthority, or the designee, and any financial transaction which occurs. See anexample on page 29.B WHEN COMPLETED. The Information Disclosure Report should be completedfor all requests by the public for government data classified as privateconfidential nonpublic and protected nonpublic and for all requests y other

government agencies for which the not public data is not routinely shared orprovided n the normal course of business.V FEES FOR COPIES OF GOVERNMENT DATA.

Pursuant to the Minnesota Government Data Practices Act and Scott CountyBoard resolution, and unless otherwise provided for by federal law state statute orrule fees for copies of government data shall be determined by departmentsbased on the costs of providing such service, as set forth in the Scott County FeeSchedule set forth at http://www co scott mn us/CountyFeeSchedule Fees shall bereasonable and consistent.NOTE: FEES SHALL NOT BE CHARGED TO THOSE INDIVIDUALS WHOONLY WISH TO VIEW OR INSPECT DATA.NOTE: FEES MAY NOT BE CHARGED FOR SEPARATING PUBLIC FROMNONPUBLIC DATA.

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A COPIES PROVIDED AT NO CHARGE When access is authorized copiesmay be provided at no charge:1 When another government agency or responsible authority requires or

requests the record/document copies as part of the administration andmanagement of an authorized program and the copies are usually providedas part of the normal course of business.

2 When records documents brochures pamphlets books reports or othersimilar publications are produced for free distribution to the public. A chargemay be assessed if an individual request exceeds normal distribution.3 When the court orders the requesting party to proceed in forma pauperis

B COPIES PROVIDED WITH CHARGE When access is authorized copiesshall be provided at the applicable Flat Rate or Special Rate in the followingcircumstances:1 Other government agencies or responsible authorities who require orrequest record documents or publication copies which are not usuallyprovided or reproduced as part of the normal course of business.2 Records documents brochures pamphlets books reports or other similarpublications that are not normally provided or reproduced for distribution tothe public.3 Public data on individuals and public data not on individuals particularlywhen the requestor is not the subject of the data.

C COPYING FEES Copying fees shall be charged t the Flat Rate or theSpecial Rate for those records documents and publications covered in SectionB above.1 The Flat Rate shall be charged for all requested records documents andpublications which are not otherwise identified in the Scott County FeeSchedule as described in Section V The current Flat Rate to be charged iscontained in Section E The Flat Rate will be reviewed annually and

updated as necessary.2 A Special Rate will be charged for copies of requested records documentsand publications which are listed in the Scott County Fee Schedule by thedepartment in which they are available.3 A fee may be charged for remote access to data where either the data orthe access is enhanced at the request of the person seeking the data whichmay be determined on a case by case basis.

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4 The actual costs may be charged of searching for and retrievinggovernment data in response to a request for the data in electronic form,including the cost of employee time, for making, certifying and electronicallytransmitting copies of the data or the data, which may be determined on acase by case basis.5 When copies are mailed, postage costs shall be added to the rates listed inSection E unless alternative arrangements have been made.

D COLLECTION OF COPYING FEES Fees shall be collected before releasingcopies unless prior arrangements have been made.E FEE SCHEDULE

PHOTOCOPY FLAT RATESPECIAL RATESELECTRONIC FORM ORREMOTE ACCESS

25 cents per page if fewer than 100pagesSee Scott County Fee schedule atwviw co scott mn us/CountyF eeScheduleIndividually determined

F DISPOSITION OF FEES Copying fees collected shall be deposited in theappropriate account with the county treasurer.VI SSIGNMENT OF DESIGNEE

The responsible authority may assign, in writing, one or more designees. Thedesignee is the person in charge of individual files or systems containinggovernment data and who receives and complies with the requests for governmentdata. Additionally, the designee shall implement the provisions of the Act, therules, and these guidelines and procedures as directed by the responsibleauthority. All duties outlined as duties of the responsible authority may bedelegated to the designee.VII DUTIES OF THE RESPONSIBLE UTHORITY OR DESIGNEE

A DATA PRACTICES NNU L REPORT1 The responsible authority shall prepare a public document on datacategories. The public document will contain the responsible authority sname, title, address, and description of each category o record, file, orprocess relating to private or confidential data maintained by the County.2 The public document shall be updated annually.3. The responsible authority shall supply the document to the Commissioner of

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Administration, State of Minnesota, if requested by the Commissioner.B PROCEDURES FOR DISSEMINATION OF DATA

1 The responsible authority shall ensure that each department establishesprocedures to manage the dissemination of data. Collection, storage, use,and dissemination of private and confidential data shall be limited to what isnecessary for the administration and management of programs authorizedor mandated by the state, county, or the federal government.

2. Data cannot be collected, stored, used, or disseminated for any purposeother than the purpose stated to the individual when the data was originallycollected unless:a. The data was collected prior to 1975, in which case the data may beused for the original purpose for which it was collected or for anadditional purpose approved by the Commissioner of Administration.b There is specific authorization for the use in state, local, or federal law.c. The additional use has been approved by the Commissioner ofAdministration as necessary to carry out a function designated by law.d The individual data subject has given an informed consent for theadditional use of the data see Informed Consent, Section IX., subd. C .

C DAT A PROTECTION

The responsible authority shall establish procedures to assure that all data onindividuals are accurate, complete, and current for the purpose for which it wascollected, and establish appropriate security safeguards for all recordscontaining data on individuals.VIII ACCESS TO GOVERNMENT DATA

A WHO CAN MAKE A DAT A REQUEST?Anyone may exercise the right to access public government data by making ad ala request.

B TO WHOM MUST A DATA REQUEST BE MADE?A data request must be made to the responsible authority or to the appropriatedesignee s).

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C. SUMM RY D TA1 The responsible authority for an entity must prepare summary data uponthe request of any person if the request is in writing and the requester pays

for the cost t prepare the data2 The responsible authority may delegate the preparation of summary data toanyone outside of the entity, including the requester, if:

a That person's purpose is set forth in writing and the person agrees not todisclose or release any of the private or confidential data used toprepare the summary data; andb If the entity reasonably determines that the access will not compromiseprivate or confidential data on individuals.

3 The entity may require the requester to prepay the cost of preparingsummary data.4 An example of a Non-Disclosure Agreement is included on page 30

IX. RIGHTS OF DATA SUBJECTA. TENNESSEN WARNING - Rights of Subjects of Data

1 Except for law enforcement investigations, every department that collectsprivate and confidential data from an individual concerning that individualshall, prior to collecting the data, inform the individual of their rights as asubject of data. These rights are referred to as the Tennessen Warning .The notice must be given whenever:a A government entity requests data;b The data is requested from an individual;c. The data requested are private r confidential; andd. The data is about the individual from whom it is requested.All four of these conditions must be present before a Tennessen warningnotice must be given.A Tennessen Warning is not required when private and confidential data iscollected from an individual who is not the subject o the data.

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2 The Tennessen Warning consists of the following information that must becommunicated to the individual from whom private or confidential dataconcerning the individual is collected.a The purpose and intended use of the data. The reason why the data arerequested and how it will be used within the collecting entity.b Whether the individual may refuse, or is legally required to supply thedata. The subject has the right to know whether or not s/he is requiredby law to provide the data requested.c. Any consequences to the individual of either supplying or refusing tosupply the data. The entity is required to state the consequences knownto the entity at the time when the notice is given; andd The identity o other persons or entities that are authorized by Jaw toreceive the data. The notice must specifically identify recipients that areknown to the entity at the time the notice is given.

NOTE: In accordance with the Federal Privacy Act of 1974, any federal,state, or local agency which requests an individual to disclose theirsocial security number shall inform that individual that disclosure ismandatory or voluntary, by what statutory or other authority such numberis solicited, and what uses will be made of it3 Tennessen Warnings may be either oral or written.

a Oral communication. This is not the preferred method of communicatingthe Tennessen Warning. However, it may be necessary under somecircumstances. If an oral communication is necessary, the specificlanguage communicated must be in written form and contained in thedepartmental data practices procedures and the situation documented.b A written communication requiring the signature of the data subject i.e.,a signature attesting that the individual from whom private or confidentialdata is collected has read and understands their rights pertaining to therequested data). The Tennessen Warning may be included on the form

that collects the private or confidential data.4 A sample format for a Notice of Rights Tennessen Warning is on page 32

B NOTIFICATION TO MINORS1 A minor has the right to request that the entity withhold private dataregarding her/him from a parent or guardian. The entity may require that


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the request be in writing. A written request must include the reasons forwithholding the data from the parents or guardian and must be signed bythe minor.2 Upon receipt of the request, the responsible authority must determine

whether honoring the request is in the best interests of the minor. Theresponsible authority must consider, at a minimum:a Whether the minor is old and mature enough to explain the reasons forthe request and to understand the consequences of making the request;b. Whether the requested denial of access to the data may protect theminor from physical or emotional harm;c. Whether there is a reason to believe that the minor s reason(s) fordenying access to the parent(s) or guardian(s) is reasonably accurate;

andd. Whether the nature of the data is such that disclosing the data to theparents or guardians could lead to physical or emotional harm to theminor. Minn. Rule 1205.0500 contains the procedures for the release ofdata regarding minors.

C INFORMED CONSENT1 Private data on individuals may be used by and released to any individual orperson by the responsible authority, or the designee, if the individual subject

or subjects of the data have given informed consent.NOTE: Informed consent cannot authorize a new purpose or a new use ofconfidential data on individuals.

2 Private data may be used by and disseminated to any entity (e.g., politicalsubdivision, government agency, etc.) if the individual subject or subjectshave given informed consent.3 ll informed consents shall be in writing4 Informed consent shall not be deemed to have been given by an individualsubject of the data by the signing of any statement authorizing any personor agency to disclose information about the individual to an insurer or itsauthorized representative, unless the statement is:

a In plain language;b Dated;

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c. Specific in designating the particular persons or agencies the datasubject is authorizing to disclose information regardinag the data subject;d. Specific as to the nature of the information the subject is authorizing to

be disclosed;e. Specific as to the persons or agencies to whom the subject is authorizinginformation to be disclosed;f. Specific as to the purpose or purposes for which the information may beused by any o the parties named in clause e), both at the time of thedisclosure and at any time in the future; andg. Specific as to its expiration date, which should be within a reasonableperiod of time, not to exceed one 1) year, except in the case of

authorizations given in connection with applications for life insurance ornon-cancellable or guaranteed renewable health insurance and identifiedas such, two 2) years after the date of the policy.5. The informed consent for the disclosure of alcohol and drug abuse patientrecords may be made only if the consent is in writing and expressly statesthe fact that the request is for alcohol or drug abuse patient records. Itshould contain the following:

a. The name of the program which is to make the disclosure;b. The name or title of the person or organization to which disclosure is tobe made;c. The name of the patient;d. The purpose or nature of information to be disclosed;e. The extent or nature of information to be disclosed;f. A statement that the consent is subject to revocation at any time, exceptto the extent that action has been taken in reliance thereon, and a

specification of the data, event, or condition upon which it will expirewithout express revocation;g. The date on which the consent is signed; andh. The signature of the patient and, when required, of a person authorizedto give consent.

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6. A sample format and guide is included on pages 34-35.D PROCEDURES FOR COMPLYING WITH D T REQUESTS FROM AN

INDIVIDU L D T SUBJECT

The responsible authority shall ensure that each department establishesprocedures to comply with requests for government data in an appropriate andprompt manner.1. Upon request to the responsible authority, an individual shall be informedwhether they are the subject of stored data on individuals, and whether it isclassified as public, private, or confidential.

a. The responsible authority shall provide access to the private or publicdata upon request by the individual subject of the data.b An individual may contest the accuracy, current status, or completenessof public or private data. If the individual notifies the responsible authorityin writing regarding the nature of the disagreement with the data, theresponsible authority shall, within thirty (30) days, either correct the dataand attempt to notify past recipients of inaccurate, incomplete, or out ofdate data, including recipients named by the individual, or notify theindividual that the responsible authority believes the data to be correct.Subsequently, data in dispute shall be disclosed only if the individual sstatement of disagreement is included with the disclosed data.

2. The responsible authority shall prepare a public document, setting forth inwriting the rights of an individual data subject and specific procedures ineffect in the county for access by the individual data subject to public orprivate data on individuals.a. The responsible authority shall comply immediately, if possible. with anyrequest by an individual who is a data subject. or within 10) businessdays of the date of the request if an immediate response is not possible.b When a request is denied, the responsible authority must inform theindividual data subject orally at the time of the request, and in writing, assoon thereafter as possible, and shall cite the state statute, temporary

classification, or federal law on which the determination is based.c. The responsible authority shall require the data subject to pay the actualcosts of making and certifying copies of the data requested, exceptthose exempted in Section V. subd. A but may not be charged forviewing the data or separating private or confidential data from publicdata.

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d The responsible authority shall inform the individual data subject of thedata s meaning, if requested to do soE DENIAL OF REQUEST FOR D T COURT ORDERS AND SUBPOENAE

1. If the government agency determines that the requesting party is not entitledto data that is private or confidential (and informs the requesting party ofthat determination and the reason), the party seeking access to the datamay bring a motion before the court to compel release. The agency mayrequest an in c mer (in chambers) review of the data by the court to makea determination what, if any data may be released, under what conditionsand to whom.2 Subpoena - a subpoena is not a court order. Service of a subpoena forrequested data that the government agency determines is not releasable tothe requesting party is not sufficient. In response to a subpoena, the court

must be notified that the data will not be released without a court order. Anexample of a Notice is included at page 36F IF THE COUNTY DETERMINES THAT DATA THAT ARE CHALLENGEDARE ACCURATE AND/OR COMPLETE, AND THE INDIVIDUAL SUBJECTOF THE DATA DISAGREES WITH THAT DETERMINATION, SHE OR HEHAS THE RIGHT TO APPEAL THE DETERMINATION TO THE MINNESOTACOMMISSIONER OF ADMINISTRATION.

1 The individual has the right to take this step on y after both s/he and thecounty have properly completed all the steps in the data challenge process.The individual may appeal only the county s determination regarding theaccuracy and/or completeness of the data.

2 The requirements for filing an appeal are set out at Minnesota Rules,Section 1205 .1600.3 The procedure when data are not accurate or complete.

a An individual subject of the data may contest the accuracy orcompleteness of public or private data. To exercise this right, anindividual shall notify, in writing, the responsible authority describing thenature of the disagreement. The responsible authority shall, within thirty30) days, either:1 Correct the data found to be inaccurate or incomplete and attempt tonotify past recipients of inaccurate or incomplete data, includingrecipients named by the individual; or

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2) Notify the individual that the authority believes the data to be correct.Data in dispute shall be disclosed only if the individual s statement ofdisagreement is included with the disclosed data.4 The determination of the responsible authority may be appealed pursuant to

the provisions of the Administrative Procedure Act, Minn. Stat 14.57 to14.62 and Minn. R 1205.1600, relating to contested cases. Upon receipt ofan appeal by an individual, the Commissioner of Administration shall, beforeissuing the order and notice of a contested case hearing required by Minn.Rules, Chap. 14 try to resolve the dispute through education, conference,conciliation, or persuasion. If the parties consent, the Commissioner mayrefer the matter to mediation. Following these efforts, the Commissionershall dismiss the appeal or issue an order and notice of hearing.a. Data on individuals that have been successfully challenged by anindividual must be completed, corrected, or destroyed by a state

government entity without regard to the requirements of Minn. Stat. 138.17.b After completing, correcting, or destroying successfully challenged data,a state agency, political subdivision, or statewide system may retain acopy of the Commissioner s order issued under Minn. R. Chap. 14 or ifno order was issued, a summary of the dispute between the parties thatdoes not contain any particulars of the successfully challenged data.

X ROLE OF THE COMMISSIONER OF ADMINISTRATION

A Pursuant to Minn. Stat. 13.06, subd. 4 the Commissioner of the MinnesotaDepartment of Administration is given the authority to approve new uses anddisseminations of private and confidential data on individuals.B Section 13.06 of the MGDPA gives the Commissioner certain powers withregard to approving temporary classifications of data.C. Section 13.072 of the MGDPA gives the Commissioner authority to issueopinions concerning the rights of data subjects and the classification ofgovernment data, which are advisory in nature. The Commissioner s AdvisoryOpinions may be found at www.ipad.state.mn.us.

XI CONSEQUENCES OF NOT COMPLYING WITH THE MGDPAA Pursuant to Section 13.08 of the MGDPA, a government entity may be sued forviolating any of the Act s provisions.B Minn. Stat 13.09 provides criminal penalties and disciplinary action as

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extreme as dismissal from public employment, for anyone who willfullyknowingly) violates a provision of the MGDPA.XII WHERE MORE INFORMATION CAN BE FOUND

A Government entities always must look t their legal advisor s) for guidance andlegal advice on data practices issues. Only the legal advisor for an entity hasthe authority and responsibility to provide specific legal advice about theprovisions of the MGDPA, and other laws as they relate to that entity.1 Minnesota Statutes Chapter 13 the MGDPA) may be found on the websiteof the Reviser of Statutes at: www.leg.state.mn.us/leg/statutes.asp.2 Minnesota Rules, Chapter 1205, The Rules Governing Data Practices,promulgated by the Minnesota Department of Administration, may be found

at the website: www.revisor.leg.state.mn.us/arule/1205.

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A. REQUESTER COMPLETE {Items 1-5)I DATE OF REQUEST I SCOTT COUNTYINFORMATION DISCLOSURE REQUESTMinnesota Governmental Data Practices Act

REQUESTER NAME {Last. Flfs/. M J REQUESTER NOTE:A Request Frequency - Private Data on individuals. After you have been shown

2 ADDRESS 11 needed) the data and informed of its meaning, the data need not e disclosed to you forsix months thereafter unless a dispute or action is pending o r additional data onyou has bean collected.I . PHONE (H n dedi B. You may be required to pay the actual costs of making certifying and/orcompiling the copies of information requested

4. DESCRIPTION OF THE INFORMATION REQUESTED

5. REQUESTER S IGNA TUAE JB DEPARTMENT/DIVISION COMPLETE

6. DEPARTMENT/DIVISION NAME 7. REQUEST HANDLED BY

8. REQUEST TYPE 9. REQUESTED BY:0 In-person D Mail OPhone DSubJ. of the data 0 Not the subj. of the data10. THE INFO RMATION REQUESTED JS CLASSIFIED: 11. REQUEST0 PUBLIC D NON-PUBLIC D Approved o Denied D Approved in part (explain in 13

0 PRIVATE D PROTECTED NON-PUBLIC 12. AUTHORIZED SIGNATURE0 CONFIDENTIAL x13. REMARKS/COMMENTS (If requested data Is classified so es to deny access to the requester cite authority or reason. Also enter any other remarks/comments aproprieta).

C. DEPARTMENT/DIVISION COMPLETE WHEN FEES ARE ASSESSED (A receipted copy of this form is to be provided to the requester eachtime money is received).14 D FEES: FLAT RATE x I 5 0 FEES: SPECIAL RATE (Complete when other than the FLAT RATE or{NO. OF PAGES) STANDARD FEE SCHEDULE Is used.)

I have received from the above named, the amount indicated opposite mysignature in payment for providing the Information requested.16. i RECEIVED BY TODA Y S DATETOTAL AMOUNT DUE j_17A. AMOUNT TO BE PREPAID : RECEIVED BY TODA Y S DATE(50% of est. total if over 50.00) j_17B. BALANCE DUE I RECEIVED BY TODAY S DATE(Upon completion of copying) I

D. REQUESTER PLEASE NOTE ITEMS CHECKED1. OMake check/money order payable to:2. 0 If mailed, return entire form and any fees to:

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SCOTT COUNTYNon Disclosure Agreement

1. General description of the private or confidential data which is being used to preparesummary data:

2. Purpose for which summary data is being prepared:

3. , representinghave requested the data described above and for the purposes stated and fullyunderstand that I may be subject to the civil or criminal penalty provision of theMinnesota Data Practices Act in the event that the private or confidential data isdisclosed.

Minn. Stat. 13.09. Any person w o willfully violates the provisions ofMinnesota Statutes Chapter 13, or any rules adopted or regulationpromulgated thereunder is guilty of a misdemeanor Any willful violationof Minnesota Statutes Chapter 13 y any public employee constitutes justcause for suspension without pay or dismissal of the public employee

Requestor of Data Date

Responsible AuthoritylDesignee Date

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THE NOTICE OF RIGHTS TENNESSEN WARNINGINSTRUCTION GUIDEMinnesota tatutes 13.04 subdivision 2

The notice must be given when:

Statements must be includedfrom the individual that inform theindividual:

Consequences of givingthe notice are:

Consequences on ot givingthe notice are:

1 An individual2 Is asked to supply3 Private or confidential data4. Concerning selfAll four conditions must be present to trigger thenotice requirement.

Why the data is being collected and howthe entity intends to use the data;

Whether the individual may refuse or islegally required to supply the data; Any consequences to the individual ofeither supplying or refusing to supply thedata; and The identity of other persons or entitiesauthorized by law to receive the data.

Private or confidential data on individuals may becollected stored used and released asdescribed in the notice without liability to theentity.Private or confidential data on individuals cannotbe collected stored used or released for anypurposes other than those stated in the noticeunless:

The individual subject of the data givesinformed consent; The Commissioner of Administration givesapproval; or A state or federal l w subsequentlyauthorizes or requires the new use orrelease.

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YOUR RI HTSYour Right to PrivacyMinnesota's Government Data Practices Act, Minn. Stat. 13.04(2) and (3) says you have theright to privacy. These laws also make i t easier for you to see the information kept in your file.Your Right to Know Why e Need Your In{ormationWe need information on you for the following reasons:I To see if you may get a grant or medical help.2. To decide how much your grant will be.3 To see if you need help from Scott County Human Services.4. To allow us to get Federal or State funds for the money, services or care that you receive.5 To help us give you the correct employment or social services.6 To help us give you the correct care and treatment of your medical or emotional problems.7 To find out if you must pay a fee for the services you receive.8 To meet Federal, State and County reporting rules.9 To help schools get money for students.Your Right to Know How e Use Your InformationThe information we get will be used by our staff and other agencies allowed to use it by law. ewill also use it to refer you to other benefit programs. f you move to another state or county, wewill send some information to them. After we close your case, we will keep your file until thelaw lets us destroy it.Your Right to Refuse to ive In{ormationYou may refuse to give us the requested information. However, if you refuse to give it to us, youmay not receive assistance or services.

Your Right to See In{ormationYou may review all of the information we get about you except information classified asconfidential by law. (Confidential information is information such as certain psychological ormedical evaluations, records used to prosecute a crime, etc. We cannot share it the person who isthe subject of the data.)

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You have the right to disagree with information that you think is wrong. For more informationabout your data privacy rights ask your worker.Your Right to Know Who Else Mav See the Jn ormationWe may share the information we have about you with the following people or agencies:1 People in this agency who need to see the information to do their jobs.2. Anyone granted the right to see it by law. Anyone else who is included under a new law

made after you sign this notice.3. Other agencies under contract with Scott County Human Services.4. The local Social Security Office.5. Local state and federal agencies that provide jobs and training.6 The Minnesota Department of Health if you or your family has a communicable disease.7 Another county agency.8. School districts.9 The Child Support/Collections Department Accounting Department and County Treasurer.10. Your relatives who by state law are responsible for you.11. Local housing agencies and food shelves.12. A court who issues an order to give it information.13. The courts for collection of an overdue fee.14. Any city county state or federal civil or criminal investigators.The above agencies will treat this information under the same privacy laws that we must use. Noother person or agency may see this information without your written permission.This notice applies to all future contacts you may have with us in person over the telephone orby mail.Your signature means that you know about your rights and that you understand them.

Your signature ate

Your signature ate

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INFORMED CONSENT INSTRUCTION GUIDE

A Enter the complete name and address of the entity that maintains theinformation. Include any relevant program names, staff names, titles andtelephone numbers.8. Identify, as specifically as possible, the reports, record names, or types ofinformation or records that will be released.C Identify the entity or agencies to which the information will be released. Includethe name and address of the entity. Include relevant staff names and titles. Bespecific.D Describe specifically and completely the purpose(s) for seeking the client sinformed consent and the new use(s) to which the information will be put.E Describe specifically and completely the known consequences of releasing theinformation.

Describe specifically and completely the known consequences of ot releasingthe information.G Instruct the person to sign the consent and enter the date on which the consent

is signed.H As a general rule, a parent or guardian s signature should be obtained when the

subject is under the age of 18 or has a legally appointed guardian; however,specific requirements for obtaining consent to release data in thesecircumstances vary. Instructions for completing this portion of the formwithin your particular entity should be developed in consultation with theCounty Attorney s office.

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I

authorizeto discloseto

INFORMED CONSENT FOR THE RELE SE OF INFORM TION

Name o individual authorizing release)Name o ndividual, entity, or person holding record)

Name o individual, entity, or person t receive the information)the following information:

for the purpose of:

I understand that my records are protected under state and/or federal privacy laws and cannotbe disclosed without my written consent unless otherwise provided for by state or federal law Iunderstand that once this data is released that it may be subject to further disclosure without mywritten consent. I also understand that I may revoke this consent at any time except to theextent that action has been taken in reliance on it and that in any event this consent expiresautomatically in one year or as described below whichever is earlier.Specification of the d te or condition upon which this consent expires:

Executedthis d y of 20

Signature o ndividual authorizing release)

Signature o witness)

Signature o parent, guardian, orauthorized representative, when required)

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D T PR CTICES NOTICE

I have been subpoenaed to testify before this Court. I have been advised bythe Office o the Scott County Attorney to provide the following information to theCourt:

The data I have been requested to provide includes data which isclassified as private data, as defined by Minnesota Statutes, Chapter13 the Minnesota Government Data Practices Act. Pursuant toMinnesota Statute 13.03 and Minnesota Rule 1205.0100, subp, 5the Court s attention is called to this classification. The DataPractices Act requires that I may disclose this data only i the datasubject has given written consent, a statute allows disclosure, or acourt orders disclosure. f his Court orders me to provide this privatedata, I will do so.

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APPENDIX A

MINNESOTAGOVERNMENT DATA PRACTICES ACTMINNESOTA STATUTES, CHAPTER 13

To read a copy of the current law, go to thefollowing website:

www.leg.state.rnn.us/leg/statutes.aspClick on Retrieve an Entire Chapter ;In Chapter Box , type 13 ; and

Lastly, click on Get Chapter .

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APPENDIX B

MINNESOTAGOVERNMENT DATA PRACTICES ACTMINNESOTA RULES CHAPTER 1205

State of MinnesotaDepartment of AdministrationData Privacy Division

To read a current copy of this section please go tothe following website:

www.revisor.leg.state.mn.us./arule/1205

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APPENDIX CSCOTT COUNTY

Responsible Authorities and Designees

Responsible Authority Gary L SheltonCounty AdministratorDesignee Lezlie VermillionDeputy County Administrator

Compliance Officer Susan K Mc NellisHead, Civil Division, County Attorney's OfficeLaw Library Trustee

Responsible Authority for Divisions

Sheriff's OfficeCommunity ServicesEmployee RelationsHealth Human ServicesInformation TechnologyOfc of Mgmt Budget

Dean OpatzLezlie VermillionJack KemmeJudith BrumfieldMarilyn ccarterKevin Ellsworth

Chief DeputyDivision HeadDivision HeadDeputy Div. HeadDivision HeadDivision Head

scott county minnesota government data practices mgdpa

Documents