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B. Determining What Information Is "Necessary". <br />The Act provides that the "[c)ollection and storage of all data on individuals and the use and <br />dissemination of private and confidential data... shall be limited to that necessary for the <br />administration and management of programs..." (Minn. Stat, § 13.05, subd. 3) <br />The Responsible Authority determines what is "necessary" for the administration and management <br />of authorized programs based on criteria contained in Minn. Rules, Part 1205.1500 of the "Rules <br />Governing the Enforcement and Administration of the 'Minnesota Government Data Practices <br />Act."' These Rules state that data is necessary if: <br />1. the particular data is both required to carry out programs or <br />functions that are expressly or impliedly authorized by a <br />provision of state statute, federal law or a local ordinance <br />and periodically examined, updated, modified or referred to <br />by the entity; or <br />2. the entity would be unable to fulfill its duties without undue <br />or increased burden, if the particular data were not <br />collected, stored, used or disseminated; or <br />3. retention of the particular data is required in the event that <br />a legal action is brought against or by the entity; or <br />4. retention of the particular data is essential to comply with <br />a state or federal requirement that data be retained for a <br />specified peci ied period for the purposes of auditing, records <br />retention, historical interest, and other similar purposes. <br />(Minn. Rules, Pt. 1205.1500, subp. 4) <br />C. Retention and Disposition of Government Data <br />1. The destruction, preservation and reproduction of government data is largely regulated by <br />Minnesota Statutes, Chapter 138 (see Minn. Stat. §§ 138-161-138.25). While some records must <br />be kept for a period prescribed by law, such as certain child abuse reports, a specific retention <br />period for many records is not prescribed by law. Absent a clearly specified retention period, <br />the records, with few exceptions, may be disposed of only after the Records Disposition Panel <br />approves a Records Retention Schedule or an application to dispose of records. The Records <br />Disposition Panel is composed of the Attorney General, Legislative or State Auditor and the <br />Director of the Minnesota Historical Society. The panel has the power, by unanimous consent, <br />to direct the destruction, sale or other disposition of government records. The destruction of <br />government records without the proper authority is a misdemeanor (Minn. Stat. § 138.225). <br />CAH50884 <br />GAIIS-26 3 <br />