Laserfiche WebLink
B. Temporary Classification for Data Not on Individuals. <br />An application for a Temporary Classification of nonpublic or protected nonpublic for data not <br />on individuals must establish that: <br />1. no statute or federal law currently exists which either allows or forbids classification as <br />nonpublic or protected nonpublic; and <br />2. either: <br />a. similar data has been treated as nonpublic or protected nonpublic by other agencies <br />or political subdivisions and the public; or <br />b. public access to the data would render unworkable a program authorized by law; <br />or <br />C. a compelling need exists for immediate Temporary Classification which if not <br />granted could adversely affect the health, safety, or welfare of the public. (Minn. <br />Stat. § 13.06, subd. 3) <br />C. Determination of the Commissioner of Administration <br />Upon receiving the application, the Commissioner of Administration, as well as the Attorney <br />General and the legislature, may make one of several determinations: <br />1. Upon application to the Commissioner of Administration, the data is classified as <br />requested by the application for 45 days or until the application is disapproved, rejected or <br />granted by the Commissioner of Administration, whichever is earlier. If the Data Privacy <br />Division requires additional information in support of the application the application is deemed <br />to have been filed on the date that the additional information is received by the Data Privacy <br />Division, (Minn. Stat. § 13.06, subd. 1; Minn. Rules, Pt. 1205.1800, subp. 3) <br />2. If the Commissioner determines that an application has been submitted for reasons not <br />consistent with the Act, s/he may immediately reject the application and the data shall have the <br />same classification it had before the application. (Minn. Stat. § 13.06, subd. 1) <br />3. The Commissioner may consider broadening an agency's application for Temporary <br />Classification so that it has statewide effect. In this case, the data is classified as requested for <br />a period of up to 90 days. (Minn. Stat. § 13.06, subd. 4) <br />4. The Commissioner may grant a Temporary Classification of government data as either <br />private or confidential for data on individuals or nonpublic or protected nonpublic for data not <br />on individuals. A Temporary Classification which is granted by the Commissioner is effective <br />immediately and the record effecting the approval is sent to the Attorney General. (Minn. Stat. <br />§ 13.06, subd. 5) <br />CAH50884 <br />GA115-26 16 <br />