Laserfiche WebLink
5. Tennessen Warning. A Tennessen Warning (See Section 4) must be given when <br />confidential data is collected from the data subject. A Tennessen Warning is not given when <br />private data is collected (1) from someone other than the subject of the data, (2) when an <br />individual is asked to supply investigative data to a law enforcement officer, or (3) when an <br />individual volunteers private or confidential data about him/herself without being asked. (Minn. <br />Stat. § 13.04, subd. 2) <br />IE. Confidential Data on Decedents. <br />1. Definition. Confidential data on decedents means data which, prior to the death of the <br />data subject, were classified by statute, federal law, or temporary classification as confidential <br />data. (Minn. Stat. § 13.10) <br />2. Data on Decedents Is Confidential If: <br />a. Prior to the death of an individual: <br />(1) A state statute or federal law expressly provides that: <br />(a) the data shall not be available to either the public or to the data <br />subject or <br />(b) the data shall not be available to anyone except those agencies <br />which need the data for agency purposes. (Minn. Rules, Pt. <br />1205.0200, subp. 3) <br />(2) A "Temporary Classification" of confidential has been approved by the <br />Commissioner of Administration and has not expired or been disapproved <br />by the Attorney General. (Minn. Stat. § 13,06) <br />b. A state statute, federal law or temporary classification provides that data on a <br />deceased individual is confidential. <br />3. 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 />CAH50984 <br />GA115-26 <br />