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