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DATA PRACTICES LAW <br /> <br />The Minnesota Government Data Practices Act (MGDPA) is a series of state laws that attempt to <br />balance the public’s right to know what their government is doing, individuals’ right to privacy in <br />government data created, and maintained about them, and the government’s need to function <br />responsibly and efficiently. <br /> <br />The Data Practices Law governs all data maintained by a public entity. There are three classifications <br />of data: <br /> <br />1. Public – Accessible to anyone; <br /> <br />2. Private/non-public – Accessible to the person who is the subject of the <br />Data and to the governmental entity; and <br /> <br />3. Confidential/protected non-public – Accessible only to the governmental entity. <br /> <br />The identity of individuals who register complaints concerning violations of state laws or local <br />ordinances concerning the use of real estate/real property is confidential data. <br /> <br />Data pertaining to members of boards and commissions is public governmental data: <br /> <br />1. Names of board and commission members are public. <br /> <br />2. Residential address. <br /> <br />3. Either a telephone number or electronic email address where the member can be <br /> reached, or both at the request of the appointee. <br /> <br />Every city in Minnesota must comply with the MGDPA. Government data means all data collected, <br />created, received, maintained, or disseminated by the city regardless of its physical form, storage <br />media, or conditions of use. This includes data one receives or creates in the capacity of board <br />member. The Act presumes that all government data are public and are accessible by the public for <br />inspection and copying unless there is a federal law, state statute, or temporary classification of data <br />that provides differently. <br /> <br />Since the data a person collects, creates, receives, maintains, or disseminates in the capacity of board <br />member is government data, a board member may wish to be careful about where the data is <br />created, collected, etc. Government data can be easily, even accidentally, created at home or work <br />that is both public and subject to a retention schedule and the board member may be required to <br />produce the data if it is requested. Also, board members may wish to take care in what they say in <br />their official capacity within emails or even text messages. <br /> <br />There are significant civil penalties for willfully releasing private and confidential data and for willfully <br />refusing to release public data. <br /> <br />210