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3.4. & 3.5. SR 06-30-1997
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3.4. & 3.5. SR 06-30-1997
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City Government
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SR
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6/30/1997
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91 Private or confidential data becomes public in order to comply with either judicial <br />or administrative rules pertaining to the conduct of legal actions (for example, <br />private or confidential data presented in court and made public by the court). <br />(Minn. Stat. § 13.03, subd. 4) <br />3. Access. Public data on individuals is accessible to the public regardless of their interest <br />in the data. (Minn. Stat. § 13.05, subd. 3; Minn. Rules, Pt. 1205.0300, subp. 2) <br />IB. Private Data on Individuals <br />1. Definition. Private data on individuals is data which is not accessible to the public but <br />is accessible to the individual subject of the data. (Minn. Stat. § 13.02, subd. 12) <br />2. Data on Individuals Is Private If: <br />a. A state statute or federal law expressly classifies the data as not accessible to the <br />public but accessible to the individual subject of the data. (Minn. Rules, Pt. <br />1205.0200, subp. 9) <br />b. A "Temporary Classification" of private has been approved by the Commissioner <br />of Administration and has not expired or been disapproved by the Attorney <br />General. (Minn. Stat. § 13.06) <br />C. A state statute, federal law or temporary classification classifies the data as private <br />data on individuals in the hands of the agency from which the City received the <br />data. (Minn. Stat. § 13.03, subd. 4) <br />d. A state statute or federal law classifies the data as "confidential" but makes the <br />data available to the individual subject of the data. (Minn. Rules, Pt. 1205.0200, <br />subp. 9) <br />e. The data is classified as both private and confidential. (Minn. Stat. § 13.03, subd. <br />4) <br />3. Access. Private data on individuals is accessible to: <br />a. The individual subject of the data. (Minn. Rules, Pt. 1205.0400, subp. 2) <br />b. In the case of a minor or an individual adjudged mentally incompetent, a parent <br />or guardian or, in the absence of a parent or guardian, an individual acting as a <br />parent or guardian, unless otherwise provided by law. (See Section 10) (Minn. <br />Stat. § 13.02, subd. 8) <br />C. Individuals, entities or persons given express written permission by the data <br />subject. (See Section 5, "Informed Consent") (Minn. Stat. § 13.05, subd. 4(d)) <br />CM50884 <br />CA115-26 6 <br />
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