13.04 RIGHTS OF SUBJECTS OF DATA.
Subdivision 1. Type of data.
The rights of individuals on whom the data is stored or to
be stored shall be as set forth in this section.
Subd. 2. Tennessen warning.
An individual asked to supply private or confidential data
concerning the individual shall be informed of: (a) the purpose and intended use of the requested
data within the collecting government entity; (b) whether the individual may refuse or is legally
required to supply the requested data; (c) any known consequence arising from supplying or
refusing to supply private or confidential data; and (d) the identity of other persons or entities
authorized by state or federal law to receive the data. This requirement shall not apply when an
individual is asked to supply investigative data, pursuant to section
13.82, subdivision 7
a law enforcement officer.
Subd. 3. Access to data by individual.
Upon request to a responsible authority, an individual
shall be informed whether the individual is the subject of stored data on individuals, and whether
it is classified as public, private or confidential. Upon further request, an individual who is the
subject of stored private or public data on individuals shall be shown the data without any charge
and, if desired, shall be informed of the content and meaning of that data. After an individual has
been shown the private data and informed of its meaning, the data need not be disclosed to that
individual for six months thereafter unless a dispute or action pursuant to this section is pending
or additional data on the individual has been collected or created. The responsible authority shall
provide copies of the private or public data upon request by the individual subject of the data.
The responsible authority may require the requesting person to pay the actual costs of making,
certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within ten days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible.
Subd. 4. Procedure when data is not accurate or complete.
(a) An individual subject of
the data may contest the accuracy or completeness of public or private data. To exercise this
right, an individual shall notify in writing the responsible authority describing the nature of the
disagreement. The responsible authority shall within 30 days either: (1) correct the data found
to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete
data, including recipients named by the individual; or (2) notify the individual that the authority
believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement
of disagreement is included with the disclosed data.
The determination of the responsible authority may be appealed pursuant to the provisions of
the Administrative Procedure Act relating to contested cases. Upon receipt of an appeal by an
individual, the commissioner shall, before issuing the order and notice of a contested case hearing
required by chapter 14, try to resolve the dispute through education, conference, conciliation, or
persuasion. If the parties consent, the commissioner may refer the matter to mediation. Following
these efforts, the commissioner shall dismiss the appeal or issue the order and notice of hearing.
(b) Data on individuals that have been successfully challenged by an individual must be
completed, corrected, or destroyed by a state agency, political subdivision, or statewide system
without regard to the requirements of section
After completing, correcting, or destroying successfully challenged data, a government entity
may retain a copy of the commissioner of administration's order issued under chapter 14 or, if
no order were issued, a summary of the dispute between the parties that does not contain any
particulars of the successfully challenged data.
Subd. 5.[Repealed, 2005 c 163 s 89
History: 1974 c 479 s 4; 1975 c 401 s 4; 1977 c 375 s 7; 1980 c 603 s 12; 1981 c 311 s 9,39;
1982 c 545 s 4,24; 1984 c 436 s 5; 1Sp1985 c 14 art 1 s 3; 1986 c 444; 1987 c 351 s 2; 1988 c
670 s 1; 1994 c 647 art 3 s 1; 1999 c 227 s 2; 2002 c 379 art 1 s 1; 2005 c 163 s 13,14