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A. Access to a Minor's Data by Parents, Guardians, or an Individual Acting as a <br />Parent or Guardian In the Absence of a Parent or Guardian. <br />1. A parent or guardian or, in the absence of a parent or guardian, an individual acting as <br />a parent or guardian, shall have access to all public government data on a minor data subject. <br />A parent, guardian or, in the absence of a parent or guardian, an individual acting as a parent or <br />guardian shall have access to all private government data on a minor data subject unless otherwise <br />specifically denied access by a state statute or federal law. (Minn. Stat. § 13.02, subd. 8; Minn. <br />Rules, Pt. 1205.0500) <br />2. The Responsible Authority and designee shall presume that a parent has the authority to <br />exercise rights of the minor inherent in the Act unless the Responsible Authority or designee has <br />been provided with evidence that there is a state law or court order governing such matters as <br />divorce, separation, or custody, Or a legally binding instrument which provides to the contrary. <br />(Minn. Rules, Pt. 1205.0500, subp. 2.13.) <br />IB. Notification to Minors. <br />1. Unless otherwise provided for by law (e.g., educational and medical data), the Responsible <br />Authority or the designee shall provide minors from whom private or confidential data is <br />collected with a notification that the minor individual has the right to request that parental access <br />to the private data be denied. This notification should be in writing and may be contained in the <br />Tennessen Warning. (Minn. Rules, Pt. 1205.0500, subp. 3) (See Section 4, "Tennessee <br />Warning") <br />2. A minor data subject who desires that parental access be denied must submit to the <br />Responsible Authority or designee a written request that the data be withheld. The written <br />request must set forth the reasons for denying parental access and must be signed by the minor. <br />(Minn. Rules, Pt, 1205.0500, subp. 3.A.) <br />3. Upon receipt of the written request, the Responsible Authority or the designee shall <br />determine if honoring the request to deny parental access is in the best interest of the minor. In <br />making the determination, the Responsible Authority or the designee shall be guided by the <br />following considerations: <br />a. whether the minor is of sufficient age and maturity to be able to explain the <br />reasons for and to understand the consequences of the request to deny access; <br />CAH50884 <br />GA115-26 41 <br />