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III. DATA SUBJECT ACCESS PROCEDURE FOR INDIVIDUALS <br /> Minn. Stat. § 13.04 is part of the Act and explains an individual's rights as a data subject. An <br /> individual is a living human being. Information about individual people is classified by law as <br /> public, private, or confidential. A list of the private and confidential information maintained by the <br /> City is contained in Appendix A. <br /> A. Right to Access. <br /> Public information about an individual may be shown or given to anyone requesting the <br /> information. <br /> Private information about an individual may be shown or given to: <br /> • The individual who is the data subject, but only once every six (6) months, unless a <br /> dispute has arisen or additional data has been collected. <br /> • A person who has been given access by the express written consent of the data <br /> subject. This consent must be on the form attached as Exhibit 3, or a form reasonably <br /> similar. <br /> • People who are authorized access by the federal, state, or local law or by court order. <br /> • People about whom the individual was advised at the time the data was collected. The <br /> identity of those people must be part of the Tennessen Warning, attached as Exhibit 7. <br /> • City staff and outside agents (such as attorneys) whose work assignments or <br /> responsibilities reasonably require access. City Council's access to private personnel <br /> data is limited to instances when an employee is facing a complaint or disciplinary <br /> action is being considered. <br /> Confidential information may not be given to the subject of the data, but may be shown <br /> or given to: <br /> • Anyone who is authorized by federal, state, or local law or by court order. <br /> • City staff, City Council, and outside agents (such as attorneys) whose work <br /> assignments or responsibilities reasonably require access. <br /> B. Data Subject Access and Right to Request. <br /> An individual may submit a request in writing whether the individual is the subject of data <br /> maintained by the City, and whether that data is classified as public, private, or <br /> confidential. <br /> All requests to see or copy private or confidential information must be in writing. An <br /> Information Disclosure Request, attached as Exhibit 4, must be completed to document <br /> who requests and who receives this information. The Responsible Authority or designee <br /> must complete the relevant portions of the form (see Section II, B. Form of Request, <br /> above for options to submit the form). The Responsible Authority or designee may waive <br /> the use of this form if there is other documentation of the requesting party's identity, the <br /> information requested, and the City's response. A response to a request for data relating <br /> to litigation will be made after consultation with the City Attorney. <br /> 190435v1 <br /> 6 <br />