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2. Data on Individuals Is Confidential If: <br />a. A state statute or federal law expressly provides that: <br />(1) the data shall not be available to either the public or to the data subject or <br />(2) the data shall not be available to anyone except those agencies which need <br />the data for agency purposes. (Minn. Rules, Pt. 1205.0200, subp. 3) <br />b. A "Temporary Classification" of confidential has been approved by the <br />Commissioner of Administration and has not expired or been disapproved by the <br />Attorney General. (Minn. Stat. § 13.06) <br />3. Data on Individuals Is Not Confidential If. <br />a. A state statute or federal law classifies the data as confidential but allows access <br />to the subject of the data. The classification is then private. <br />b. The data is classified as both private and confidential by the Act or any other <br />statute or federal law. The classification of the data is then PRIVATE. (Minn, <br />Stat. § 13.03, subd. 4) <br />4. Access. Confidential data on individuals is accessible to: <br />a. Entities or agencies who are authorized by state, local or federal law to gain <br />access. (Minn. Rules, Pt. 1205.0600, subp. 2) <br />b. Personnel within the entity whose work assignment reasonably requires access, as <br />determined by the Responsible Authority or designee. (Minn. Rules, Pt. <br />1205.0600, subp. 2) <br />C, Individuals, entities or persons who used, stored and disseminated government data <br />collected prior to August 1, 1975 with the condition that the data was not <br />accessible to the individual subject of the data. Use, storage and dissemination of <br />this data is limited to the purposes for which it was originally collected. (Minn. <br />Stat. § 13.05, subd. 4(a)) <br />d. Individuals or agencies specifically authorized access to the data by a state, local <br />or federal law enacted after collection of the data. (Minn. Stat. § 13.05, subd. <br />4(b)) <br />e. Individuals, entities or persons subsequent to the collection of the data when <br />specifically approved by the Commissioner of Administration as necessary to carry <br />out a function assigned by law. (See Section 4.A.5.) (Minn. Stat. § 13.03, subd. <br />4(c)) <br />A court, pursuant to a court order. (Minn. Stat. § 13.03, subds. 4 and 6) <br />=50884 <br />GA115 - 26 10 <br />