3.4. & 3.5. SR 06-30-1997 - Laserfiche WebLink

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SECTION 3 flu tTOW n_I Unless a state statute or federal law expressly classifies government data as not public data (i.e., private, confidential, nonpublic or protected nonpublic), the data is public and accessible to anyone. The Temporary Classification system was put into the Act as a means to classify data when an agency has a compelling reason to protect the data and a state statute or federal law does not expressly do so. A Temporary Classification may be defined as an application made by a state agency, statewide system or political subdivision and approved by the Commissioner of Administration and the Attorney General, which temporarily classifies government data as private or confidential data on individuals, or nonpublic or protected nonpublic data not on individuals. (Minn. Stat. § 13.06) The Temporary Classification process begins with an application to the Commissioner of Administration. Two sample application forms are contained in Exhibits B and C. One of the forms is an application to classify data on individuals as either private or confidential, and the second form is an application to classify data not on individuals as either nonpublic or protected nonpublic. A. Temporary Classification for Data on Individuals. An application for a Temporary Classification of private or confidential for data on individuals must establish that: 1. no statute or federal law currently exists which either allows or forbids classification as private or confidential; and 2. either: a. similar data has been treated as either private or confidential by other state agencies or, political subdivisions and by the public; or b. a compelling need exists for immediate Temporary Classification which if not granted could adversely affect the public interest or the health, safety, well-being or reputation of the data subject. (Minn. Stat. § 13.06, subd. 2) CARS0884 GA115-26 15