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07-24-23-R
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07-24-23-R
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7/24/2023 6:10:07 PM
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190435v1 <br />6 <br />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 /> <br />Public information about an individual may be shown or given to anyone requesting the <br />information. <br /> <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.
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