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For the purposes of these guidelines, government data is divided into three types: (a) data on <br />individuals, which is classified as either public, private, private data on decedents, confidential, <br />or confidential data on decedents; (b) data not on individuals, which is classified as either public, <br />nonpublic or protected nonpublic, and (c) statistical or summary data derived from data on <br />individuals. All government data is presumed to be public unless a state statute, temporary <br />classification or federal law (includes federal rules and federal court decisions) classifies the data <br />as not public. The classifications, the criteria for classification and the description of who has <br />access are contained in the following: <br />IA. Public Data on Individuals I <br />1. Definition. Public data on individuals means data on individuals, living or dead, which <br />is accessible to the public. (Minn. Stat. § 13.02, subd. 15) Data on individuals means data in <br />which a natural person is or can be identified as the subject of the data, unless the appearance <br />of the name or other identifying data is clearly incidental to the data and the data is not accessed <br />by the name or other identifying data of any individual. (Minn. Stat. § 13.02, subd. 5) <br />2. Data on Individuals Is Public If: <br />a. A statute or federal law substantially requires that certain data on individuals be <br />made available to the public. <br />b. A state, local or federal law requires the collection of data on individuals and a <br />statute or federal law does not classify the data private or confidential. <br />C. The data is collected without any specific enabling authority to do so and is not <br />classified by either state statute or federal law even though the data is necessary <br />for administration and management. <br />d. An application for temporary classification for private or confidential data on <br />individuals is disapproved or rejected by the Commissioner of Administration or <br />the Attorney General. <br />e. A temporary classification or statutory classification expires. <br />f. The data is summary or statistical data derived from private or confidential data <br />on individuals and the summary or statistical data is not classified by state statute <br />or federal law as "not public." (See Section 6, "Summary Data".) <br />CAH50884 <br />GA115-26 5 <br />