HomeMy WebLinkAboutData Practices Policy Revised 2016-04-28
☒City Council Approved: 4/1998, 2/6/2001, 4/7/2015
☐City-Wide Revised: 1/20/2016
☐Department
DATA PRACTICES
The Data Practices Policy (Policy) contains the procedures and forms adopted by the City of Edina (City) to
comply with the requirements of the Minnesota Government Data Practices Act, (MGDPA) MN Statutes §13.01
et seq.
I. Responsible Authority and Compliance Official. The data practices compliance official is the
designated employee of the government entity to whom persons may direct questions or concerns
regarding problems in obtaining access to data or other data practices issues. The City Council has
appointed Debra Mangen, City Clerk, as the City's Responsible Authority and the Compliance
Official for the Act. The people listed in Appendix A have been appointed as Responsible Authority
Designees to assist in complying with the Act. The phrase “Responsible Authority or a designee”
used in this Policy means the person responding to a MGDPA request for the City.
II. Government Data Generally is Accessible to the Public. “Government Data” means all data
collected, created, received, maintained or disseminated by the City regardless of its physical form,
storage media or conditions of use. Government Data is public data and is generally accessible by
the public according to the terms of the MGDPA, unless it is specifically classified differently by the
MGDPA or other law, and may be subject to a fee. The MGDPA classifies categories of
Government Data that are not generally accessible to the public as follows:
“Confidential data on individuals” is inaccessible to the public or to the individual
subject of the data.
“Private data on individuals” is inaccessible to the public, but is accessible to the
individual subject of the data.
“Protected nonpublic data” is data not on individuals that is inaccessible to the public or
the subject of the data, if any.
“Nonpublic data” is data not on individuals that is inaccessible to the public, but accessible
to the subject of the data, if any.
III. Access Procedures. Procedures for responding to requests for access to Government Data vary
depending on the classification of the data requested and the person making the request. The
Responsible Authority or a designee must determine:
(1) whether the City maintains the data requested. The City is not required to provide
data it does not maintain or to produce data in a new format.
(2) the statutory category of data requested in order to respond appropriately according to
MGDPA requirements.
Classifications for “not public data” (data classified as private, confidential, or nonpublic data) under Minn. Stat.
§ 13.02, subd. 8a maintained by the City are attached to this Policy as Exhibit D, and responses should follow
the protocol below depending on the category of data.
A. Access to Public Data. All data maintained by the City is public unless there is a specific
statutory designation which gives it a different classification.
B. People entitled to Access. Any person has the right to inspect and copy public data. The
person also has the right to have an explanation of the meaning of the data. The person does
not need to state his or her name, provide identification or give the reason for the request (MS
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13.05, subd. 12). To fulfill the request, the representative of the City may ask questions to clarify
the request and may use the form contained in this policy as Exhibit B. The City must determine
whether it maintains the requested data. The City is not required by the Minnesota
Government Data Practices Act to provide data that it does not maintain, nor is the City
required to produce data in a new format.
C. Form of Request. The request for public data must be in writing. The City will consult with its
attorney in preparing a response to a request for data relating to litigation.
D. When Must Accessible Data Be Provided? Requests will be received and processed during
normal business hours. If requests cannot be processed or copies cannot be made immediately
at the time of the request, the information must be supplied as soon as reasonably possible.
Standing requests will be valid for one year at which time the request must be renewed by the
party making the request.
E. Fees. Fees may be charged only if the requesting person asks for a copy or electronic
transmittal of the data. The fee may not include time necessary to separate public from non-
public data. Fees may not be charged for inspection of government data.
Single-Sided, Black and White, Letter or Legal Size Documents
1-100 pages (MN Statute 13.03, subd. 3 c.) $.25 per page
101 or more pages Actual Cost (as defined below)
The actual cost of copies includes the cost of searching for and retrieving the data, including
the cost of employee time, and for making, certifying, and electronically transmitting copies
of the data and/or mailing copies of the data and any other production expenses. Actual
costs shall be determined by the department fulfilling the data request.
The City may require the requesting party to prepay any fees associated with a request for
copies or transmission.
The Responsible Authority may also charge an additional fee if the copies have commercial
value and are a substantial and discrete portion of a formula, compilation, program, process,
or system developed with significant expenditure of public funds. This additional fee must
relate to the actual development costs of the information.
IV. Access to Data on Individuals. Data 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 attached
as Exhibit C (Non-public Data Maintained by City). Information to be incorporated on forms used to
collect private and confidential information is also attached as Exhibit D (Tennessen Warning).
A. People Entitled to Access.
1. Public data about an individual may be shown or given to anyone.
2. Private data about an individual may be shown or given to:
The individual
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 E, or a form reasonably similar.
People who are authorized access by federal, state, or local law or court order.
People about whom the individual was advised at the time the data was collected. The
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identity of those people must be part of the Tennessen Warning.
People within the City staff, the City Council, and outside agents (such as attorneys)
whose work assignments or responsibilities reasonably require access.
3. Confidential and Protected nonpublic information may not be given to the
subject of the data, but may be shown or given to:
People who are authorized access by federal, state or local law or court order and
whose identity is disclosed in the Tennessen Warning.
People within the City staff, the City Council, and outside agents (such as attorneys)
whose work assignments or responsibilities reasonably require access.
B. Form of Request. Any individual may request verbally or in writing whether the
City has stored data about that individual and whether the data is classified as
public, private, nonpublic, confidential or protected nonpublic.
All requests to see or copy private nonpublic, confidential or protected nonpublic information
must be in writing. An information disclosure request, attached as Exhibit F, 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. The Responsible Authority or
Designee may waive the use of this form if there is other documentation of the requesting
party’s identity, the data 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.
C. Identification of Requesting Party. The Responsible Authority or Designee must verify the
identity of the requesting party as a person entitled to access. This can be done through
personal knowledge, presentation of written identification, comparison of the data subject’s
signature on a consent form with the person’s signature in City records, or other reasonable
means.
D. Time Limits. Requests will be received and processed during normal business hours. The
response must be immediate, if possible, or within 10 working days if an immediate response is
not possible (M.S. 13.04 subd. 3).
E. Fees. Fees may be charged in the same manner as for public information.
F. Summary Data. Summary data means statistical records and reports derived from data on
individuals but which does not identify an individual by name or any other private, nonpublic,
confidential or protected nonpublic data. Summary data is public. The Responsible Authority or
Designee will prepare summary data upon request, if the request is in writing and the
requesting party pays a deposit for the cost of preparation in advance. The Responsible
Authority or Designee must notify the requester of the anticipated time schedule and the
reasons for the delay.
Summary data may be prepared by redacting (blacking out) personal identifiers, cutting out
portions of the records that contain personal identifiers, programming computers to delete
personal identifiers, or other reasonable means.
The Responsible Authority may authorize an outside agency or person to prepare the summary
data if (1) the specific purpose is given in writing, (2) the agency or person agrees not to
disclose the private, nonpublic, confidential or protected nonpublic data, and (3) the
Responsible Authority determines that access by this outside agency or person will not
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compromise the privacy of the private, nonpublic, confidential or protected nonpublic data.
The Responsible Authority may use the form attached as Exhibit F.
G. Juvenile Records. The following applies to private (not confidential) data about people under
the age of 18.
1. Notice to Juvenile Subject Of Data. Before requesting private data from juveniles, City
personnel must notify the juveniles subjects that they may request that their private data be
withheld from their parent(s) or legal guardians, stating reasons for the request. This notice
should be in the form attached as Exhibit H and must be given in addition to a Tennessen
Warning.
2. Parental Access. In addition to the people listed above who may have access to private
data, a parent may have access to private information about a juvenile subject. “Parent”
means the parent or legal guardian of a juvenile data subject, or individual acting as a parent
or legal guardian in the absence of a parent or legal guardian. The parent is presumed to
have this right unless the Responsible Authority or designee has been given evidence that
there is a state law, court order, or other legally binding document which prohibits this
right.
3. Denial of Parental Access. The Responsible Authority or Designee may deny parental
access to private data when the juvenile requests this denial and the Responsible Authority
or Designee determines that withholding the data would be in the best interest of the
juvenile. The request from the juvenile must be in writing stating the reasons for the
request. In determining the best interest of the juvenile, the Responsible Authority or
Designee will consider:
Whether the juvenile is of sufficient age and maturity to explain the reasons and
understand the consequences;
Whether denying access may protect the juvenile from physical or emotional harm;
Whether there is reasonable grounds to support the juvenile’s reasons; and
Whether the data concerns medical, dental, or other health services provided under
Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if
failure to inform the parent would seriously jeopardize the health of the minor.
The Responsible Authority or Designee may also deny parental access without a request
from the juvenile under Minnesota Statutes Section 144.335.
V. Denial of Access. If the Responsible Authority or Designee determines that the requested data of
whatever classification is not accessible to the requesting party, the Responsible Authority or
Designee must inform the requesting party orally at the time of the request or in writing as soon
after that as possible. A denial must be given in writing, including the specific legal authority for the
denial upon request of the party requesting data.
VI. Collection of Data on Individuals. The collection and storage of information about individuals will
be limited to that necessary for the administration and management of programs specifically
authorized by the state legislature, city council, or federal government.
When an individual is asked to supply private, nonpublic, confidential or protected nonpublic
information about himself or herself, the City employee requesting the information must give the
individual a Tennessen warning. This warning must contain the following:
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1. the purpose and intended use of the requested data;
2. whether the individual may refuse or is legally required to supply the requested data;
3. any known consequences from supplying or refusing to supply the information; and
4. the identity of other persons or entities authorized by state or federal law to receive the
data.
A Tennessen warning is not required when an individual is requested to supply investigative data to
a law enforcement officer.
A Tennessen warning may be on a separate form or may be incorporated into the form which
requests the private, nonpublic, confidential or protected nonpublic data. In certain situations, a
victim and/or witness to a crime may request that their identity be withheld from the public.
VI. Collection of Data on Individuals. The collection and storage of information about individuals will
be limited to that necessary for the administration and management of programs specifically
authorized by the state legislature, city council, or federal government.
VII. Challenge to Data Accuracy. An individual who is the subject of public or private data may
contest the accuracy or completeness of that data maintained by the City. The individual must notify
the City’s Responsible Authority in writing describing the nature of the disagreement. Within 30
days, the Responsible Authority or Designee must respond and 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.
An individual who is dissatisfied with the Responsible Authority’s action may appeal to the
Commissioner of the Minnesota Department of Administration, using the contested case
procedures under Minnesota Statutes Chapter 14. The Responsible Authority will correct any data if
so ordered by the Commissioner.
VIII. Data Accuracy and Security Safeguards
A. Accuracy of Data. In order that Government Data be kept in the most accurate and current
state practicable, the following guidelines should be followed:
1. All employees will be requested to provide updated personal information to the appropriate
supervisor and Human Resources. The information is necessary for tax purposes, insurance
coverage, emergency notifications, and other personnel purposes.
2. Other people who provide private, nonpublic, confidential or protected nonpublic
information will also be encouraged to provide updated information when appropriate.
3. Department directors and division managers should periodically review forms used to
collect data on individuals to delete items that are not necessary and to clarify items that
may be ambiguous.
B. Challenges to Data Accuracy. An individual who is the subject of Government Data may
contest the accuracy or completeness of that data by notifying the Responsible Authority in
writing describing the nature of the disagreement. Within thirty days, the Responsible Authority
or designee must review the data in question and respond by either (i) correcting data found to
be inaccurate or incomplete and attempting to notify past recipients of the inaccurate or
incomplete data, including recipients named by the individual; or (ii) notifying the individual that
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the Responsible Authority believes the data to be accurate. An individual who is dissatisfied
with the Responsible Authority’s response may appeal the matter to the Commissioner of the
Department of Administration, utilizing the contested case procedures in Minn. Stat. Chap. 14.
C. Data Security
1. City Staff must pay careful attention to and abide by the City’s Records Retention Schedule,
disposing of records as appropriate.
2. Private, nonpublic, and confidential data must be stored in secure files or databases which
are not accessible to unauthorized personnel pursuant to Minn. Stat. § 13.05, subd. 5 The
Responsible Authority or a designee should instruct authorized personnel to (1) not discuss,
disclose or otherwise release private, nonpublic, or confidential data to personnel who are
not authorized to access such data; (2) protect access to private, nonpublic, or confidential
data in their possession; (3) shred private, nonpublic, or confidential data prior to discarding
it or dispose of it in confidential locked recycling. The City conducts ongoing security
checks and must complete, at least annually, a comprehensive assessment of security of the
Private, Nonpublic, and Confidential Data maintained.
3. Private, nonpublic, and confidential data should be kept within City offices at all times unless
necessary for off-premises City business.
4. Only those employees whose job responsibilities require them to have access will be
allowed access to files and records that contain private and confidential information. These
employees will be instructed to:
not discuss, disclose or otherwise release private, nonpublic, confidential or protected
nonpublic data to City employees whose job responsibilities do not require access to
the data;
not leave private, nonpublic, confidential or protected nonpublic data where non-
authorized individuals might see it; and
shred private, nonpublic, confidential or protected nonpublic data before discarding, or
dispose through confidential locked recycling.
When a contract with an outside party requires access to private, nonpublic,
confidential or protected nonpublic information, the contracting party will be required
to use and disseminate the information consistent with the Act. The City may include
in a written contract the language contained in Exhibit I.
D. Trade Secret and Security Information. Trade Secret and Security Information (e.g. plans
for alarm systems, vaults, sprinkler systems, security protocols) is Nonpublic Data. The
Responsible Authority, in consultation with legal counsel as necessary, will determine whether
particular information qualifies as Trade Secret or Security Information according to the
following definitions:
1. “Trade Secret information” is government data that includes a formula, pattern,
compilation, program, device, method, technique, or process that is (1) supplied by an
individual or organization; (2) subject to efforts by the individual or organization to
maintain secrecy of the information; and (3) derives independent actual or potential
economic value by not being known to or accessible to the public through lawful means.
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2. “Security information” is government data the disclosure of which would be likely to
substantially jeopardize the security of the information, possessions, individuals or
property against theft, tampering, improper use, attempted escape, illegal disclosure,
trespass, or physical injury. Security information includes crime prevention block maps
and lists of volunteers who participate in community crime prevention programs and
their home addresses and telephone numbers.
E. Contracts with Private Entities. If the City enters into a contract with a private person to
perform any of the City’s functions, all of the data created, collected, received, stored, used,
maintained, or disseminated by such private person in performing those functions is subject to
the requirements of Minn. Stat. § 13.01 et seq. and such person must comply with the
requirements as if he or she were a government entity. All such contracts must include a notice
that the requirements of Minn. Stat. § 13.01 et seq. apply to the contract. See Exhibit I.
F. Procedures in the Event of Unauthorized Access. This Policy establishes that only those
personnel who need to access Nonpublic Data do so. In the event of a breach of that
requirement, the City is required to notify any individual or entity whose Nonpublic Data was
wrongfully accessed, to conduct an investigation into the matter, and to prepare a report.
Notification must occur in the most expedient time frame possible and must inform the
individual or individuals how they can obtain a copy of the report. If the breach involves
unauthorized access by an employee, contractor, or agent of the government entity, the report
must include at least (i) the description of the type of data accessed (ii) the number of
individuals affected; (iii) final disposition of disciplinary action against any employee determined
to be responsible for the breach. See Minn. Stat. § 13.055.
IX. FORMS AND RESOURCES
Exhibit A List of Designees
Exhibit B Request For Public Data Request Form
Exhibit C Classified Data Access Request
Exhibit D Govern Data Classified As Not Public (Private, Nonpublic, Confidential or
Protected Nonpublic) Maintained
Exhibit E Data Practices Advisory (Tennessen Warning)
Exhibit F Consent To Release Private Data
Exhibit G Government Data Access And Nondisclosure Agreement
Exhibit H Notice To Persons Under The Age Of 18
Exhibit I Sample Contract Provision For Contracts With Outside Entities Accessing Private,
Nonpublic, Confidential or Protected Nonpublic Data
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EXHIBIT A
LIST OF DESIGNEES
The following persons are officially designated by the Responsible Authority as “Designees” to be in
charge of individual files or systems containing government data and to receive and comply with the
requests for government data.
The following persons are officially designated by the Responsible Authority as “Designees” to be in
charge of individual files or systems containing government data and to receive and comply with the
requests for government data.
Scott Neal
Heather Branigin
MJ Lamon
Lisa Schafer
Jane Timm
Bob Wilson
Sandra Arciniega
Mitzi Wicklund
Jennifer Bennerotte
Kaylin Eidness
Ryan Browning
Chad Millner
Sharon Allison
Eric Roggeman
Kyle Sawyer
Kay McAloney
Kelly Curtin
Cassi McMayer
Carri Person
Terri Wilson
Tom Schmitz
Karen Bretson
Ruth Schmoll
Darrell Todd
David Fischer
Judy Laufenburger
Jackie Onichuk
Ann Kattreh
Joel Abood
Janet Canton
Susan Faus
Michael Frey
Patty McGrath
Susie Miller
Tom Shirley
Amy Smith
Donna Tilsner
Cary Teague
Jackie Hoogenaaker
Cindy Larsen
Brian Olson
Marge Bergman
Dave Goergen
Dave Nelson
Lynn Olson
Jeff Brown
Solvei Wilmot
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EXHIBIT B
CITY OF EDINA
REQUEST FOR PUBLIC DATA
MINNESOTA GOVERNMENT DATA PRACTICES ACT
REQUESTER: Complete this form and return it to Edina City Hall. You may submit it via e-mail at
dmangen@EdinaMN.gov in person or by U.S. Mail.
You do not have to provide contact information. However, if you want us to mail you copies of data, we will need
some type of contact information. In addition, if we do not understand your request and need to get clarification
from you, without contact information we will not be able to begin processing your request until you contact us.
The City of Edina will respond to you as soon as reasonably possible.
NOTICE: You may cancel this request at any time prior to the release of information.
You may be required to pay the actual costs of making copies.
Last Name First Name Phone Date
Street Address City State Zip Email
Information Requested (Be as specific as possible):
DEPARTMENT USE ONLY - Requester, please do not write below this line.
Department Handled by:
Request Type: In-person, Mail Phone E-mail
Fees Charged:
If no fee is charged enter “None”
City of Edina 4801 West 50th Street, Edina, MN 55424 Phone: 952-927-8861, Fax 952-826-0390
EXHIBIT C
CLASSIFIED DATA
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ACCESS REQUEST
GOVERNMENT DATA PRACTICES ACT
REQUESTER: Complete this form and return it to Edina City Hall.
NOTICE: You may cancel this request at any time prior to the release of information. In any event, this consent form will expire 90 days after signing.
After being shown private data on individuals and informed of its meaning, this data need not be disclosed again for six months unless additional information has
been collected or an action is pending.
You may be required to pay the actual costs of making and/or compiling data.
NOTE: The subject of the data request must authorize the release of private information to the subject’s agent or another agency. An “Informed Consent to
Release” must be completed by the subject of the data.
Name: Last First M.I. Date
Address: Street City State Zip Phone No.
Information Requested
Requester’s Signature: If not the subject of the data requested, see note above.
DEPARTMENT USE ONLY - Please do not write below this line.
NOTE: Reasonable identification must be obtained from the person seeking the information.
NOTE: If Data Subject is a minor, consult Attorney prior to release of information.
_______________________________________________________________________________
Department Handled by:
________________________________________________________________________________
Identification Viewed (Drivers License, State ID, Notarized Request)
Requester is: ____ Data Subject; ______ Not Data Subject, See NOTE above
Request Type: ____ In-person, ____Mail
Data Classification: ____Public,_ ___Non-Public, ____Protected Non-Public, ____Private, ____Confidential
Request: ____Approved or ____Denied Authorized Signature_________________________________
________________________________________________________________________________
Comments: Enter any appropriate remarks or comments. If data access is denied, cite authority or reason.
Fees Charged (If no fee is charged enter “None”):__________________________________________
City of Edina 4801 West 50th Street, Edina, MN 55424 Phone: 952 927-8861, Fax 952 826-0390
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EXHIBIT D
CITY OF EDINA
RESOURCE LIST
NON-PUBLIC DATA MAINTAINED
BY THE CITY OF EDINA
Personnel Data (Private) MN Stat. 13.43
All data about an individual who is employed as, or an applicant to be, an undercover law officer
is private*. All data on all other individuals who are or were an employee, an applicant for
employment, volunteer, independent contractor, except the following which is public:
PUBLIC DATA
Name
Actual gross salary
Salary range
Contract fees
Actual gross pension
Value and nature of employer paid fringe benefits
Basis for and amount of added remuneration, including expense reimbursement
Bargaining unit
Job title
Job description
Education and training background
Previous work experience
Date of first and last employment
The existence and status (but not nature) of any complaints or charges against the
employee, whether or not resulting in discipline
Final disposition of any disciplinary action, with specific reasons for the action and data
documenting the basis of the action, excluding data that would identify confidential
sources who are employees
Terms of any agreement settling any dispute arising from the employment relationship,
including a “buyout” agreement
Work location
Work telephone number
Badge number
Honors and awards received
Payroll time sheets or other comparable data that are only used to account for
employee’s work time for payroll purposes, except to the extent that release of time
sheet data would reveal the employee’s reasons for the use of medical leave or other
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not public data
Employee Identification Number (not a social security number)
If it is necessary to protect an employee from harm to self or to protect another
person who may be harmed by the employee, information that is relevant to the safety
concerns may be released to (1) the person who may be harmed or to the person’s
attorney when relevant to obtaining a restraining order, (2) a pre-petition screening
team in the commitment process, or (3) a court, law enforcement agency or
prosecuting agency.
* Undercover Law Enforcement Officer Data (Private – MN Statute § 13.43, subd. 5) All data
about an individual who is employed as, or is an applicant to be, an undercover law officer is
Private Data on Individuals. When the individual is no longer assigned to an undercover
position, the data is Personnel Data unless the law enforcement agency determines that
revealing the data would threaten the personal safety of the officer or jeopardize an active
investigation.
2. Applicant Data (Private) MN Stat. 13.43, subd. 3
Data about current and former applicants for City employment is Private Data on Individuals—
except the following, which is public:
Public Data:
Veteran status
Relevant test scores
Rank on eligible list
Job history
Education and training
Work availability
Name, after being certified as eligible for appointment to a vacancy or when considered
a finalist for a position of public employment (which occurs when the person has been
selected to be interviewed by the appointing authority)
3. Applicants for Appointment. (MN Statutes 13.601, subd. 3.) Data about applicants for
appointment to a public body collected by a government entity as a result of the applicant's
application for appointment to the public body are Private Data on Individuals except that the
following are public: name; city of residence, except when the appointment has a residency
requirement that requires the entire address to be public; education and training; employment
history; volunteer work; awards and honors; prior government service;
Once an individual is appointed to a public body, the following additional data are
public: residential address and either a telephone number or e-mail address where the
appointee can be reached, or both at the request of the appointee.
An e-mail address or telephone number provided by a public body for use by an
appointee shall be public. An appointee may use an e-mail address or telephone
number provided by the public body as the designated e-mail address or telephone
number at which the appointee can be reached.
4. Real Property Complaint Data (Confidential) MN Stat. 13.44
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The identities of individuals who register complaints concerning violations of state laws or local
ordinances concerning the use of real property is Confidential Data on Individuals.
5. Security Information (Private/Nonpublic) MN Stat. 13.37
Data which if disclosed would be likely to substantially jeopardize the security of information,
possessions, individuals or property against theft, tampering, improper use, attempted escape,
illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and
lists of volunteers who participate in community crime prevention programs and their home
addresses and telephone numbers, but these may be disseminated to other volunteers
participating in crime prevention programs. This also includes interior sketches, photos, or
plans of buildings where detailed information about alarm systems or similar issues could
jeopardize security.
The location of a National Night Out event is Public Data.
6. Trade Secret Information (Nonpublic) MN Stat. 13.37, subd. 1 (b)
The Responsible Authority, in consultation with legal counsel as necessary, will determine
whether particular information qualifies as Trade Secret according to the following definition:
“Trade Secret information” is government data that includes a formula, pattern,
compilation, program, device, method, technique, or process that is (1) supplied by an
individual or organization; (2) subject to efforts by the individual or organization to
maintain secrecy of the information; and (3) derives independent actual or potential
economic value by not being known to or accessible to the public through lawful
means.
7. Registered Voter Lists MN Stat. 13.37, 203B.12, Absentee Ballots (Private/Protected
Nonpublic) 201.091
Sealed absentee ballots before opening by an election judge are Protected Nonpublic.
Names of voters submitting absentee ballots are Private until the close of voting.
Registered voter lists are private, except for use related to elections, political activities,
or law enforcement. The date of birth, portion of a Social Security number, driver’s
license number or other identification card number on voter lists cannot be provided
on a list available for public inspection.
8. Bids, Proposals, Sealed Bids (Private/Nonpublic) MN Stat. 13.37, subd. 2; 13.591
Sealed bids, including the number of bids received, prior to opening are Nonpublic
Data.
Proposals submitted in response to a Request for Proposals are Private or Nonpublic
Data until the responses are opened. Once opened, the name becomes Public, but all
other data remain Private or Nonpublic until completion of the selection process.
After the process is completed, all remaining data are Public with the exception of
trade secret data.
Data submitted by a business in response to a Request for Bids are Private or
Nonpublic Data until the bids are opened. Once opened, the name of the bidder and
the dollar amount specified in the response become Public Data. All other data in a
bidder’s response to a bid are Private or Nonpublic data until the completion of the
selection process. After the process is completed, all remaining data are Public with
the exception of trade secret data.
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In the event that all responses to a Request for Proposals or a Request for Bids are
rejected, information that was Private or Nonpublic remains that way until a re-
solicitation of bids results in completion of the selection process or the process is
abandoned. If re-solicitation does not occur within one year, the remaining data
become Public.
9. Labor Relations Information (Nonpublic) MN Stat. 13.37, subd. 1 (c) Protected
Nonpublic)
Management positions on economic and non-economic items that have not been
presented during the collective bargaining process or interest arbitration, including
information collected or created to prepare the management position are Nonpublic
or Protected Nonpublic Data.
10. Firearms Data (Private) MN Stat. 13.87, subd. 2
Data about the purchase or transfer of firearms and applications for permits to carry
firearms.
11. Examination Data (Private or Confidential) MN Stat. 13.34
Completed versions of personnel and licensing examinations are Private Data, unless
the Responsible Authority determines that they should be confidential because access
would compromise the objectivity, fairness, or integrity of the examination process.
12. Elected Officials Correspondence (Private) MN Stat. 13.601
Correspondence between individuals and elected officials is Private Data, but may be
made Public Data by either the author or any recipient.
13. HRA Data (Non-Public/Private/Confidential) MN Stat. 13.585, 13.462, 13.59
Housing agency data, data about individuals participating in the City’s housing
rehabilitation program, Section 8 rental assistance program, and other housing
assistance programs, data relating to businesses receiving financial assistance are either
Non-Public or Private.
Data pertaining to negotiations with property owners regarding the purchase of the
property are Nonpublic Data. Except the HRA’s evaluation of properties that it does
not purchase, all other negotiation data becomes Public Data at the time of the closing
of the property sale.
Data pertaining to individuals’ income collected for purposes of determining eligibility
of property for classification 4d under Minn. Stat. §§ 273.128 and 273.13 is Private Data
on Individuals. Such data may be disclosed to county and local assessors responsible for
determining eligibility of property for classification 4d.
Law enforcement access to data may be subject to different regulation.
14. Federal Contracts Data (Private/Nonpublic) MN Stat. 13.35
To the extent that a federal agency requires it as a condition for contracting with a
City, all government data collected and maintained by the City is classified as private or
nonpublic.
15. Civil Investigative Data (Confidential/Private) MN Stat. 13.39
Data collected as part of an active investigation undertaken to commence or defend
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pending civil litigation, or which are retained in anticipation of pending civil litigation is
confidential, except that a complainant’s statement is private.
16. Appraisal Data (Confidential/Protected Nonpublic/ MN Stat. 13.44 subd. 3
Public)
Data on estimated or appraised values of real property made by or on behalf of the
City for the purpose of selling or acquiring real property are Confidential or Protected
Nonpublic Data. Appraised values of real property obtained by owners who have
received from the City an offer to purchase property are Private or Nonpublic Data.
All such data become Public Data when (1) submitted to a court-appointed
condemnation commissioner; (2) submitted in court during condemnation proceedings;
or (3) the parties enter into an agreement for the purchase and sale of the real
property.
17. Assessor’s Data (Private/Nonpublic) MN Stat. 13.51, 375.192, 272.115, 273.124
Data on sale sheets from private MLS organizations where the contract with the
organization requires that the data not be made available to the public is Private Data.
The following income property data is Private Data or Nonpublic Data: (a) detailed
income and expense figures; (b) average vacancy factors; (c) verified net rentable areas
or net usable areas, whichever is appropriate; (d) anticipated income and expenses; (e)
projected vacancy forms; and (f) lease information.
Income information on individuals collected for purposes of determining eligibility of
property under class 4d (Minn. Stat. §§ 273.128 and 273.13) are Private Data.
Social Security Nos. and Federal Employer Identification Nos. on Certificates of Value,
homestead applications, and other documents is Private Data.
18. Transportation Service Data (Private) MN Stat. 13.72
Personal, medical, financial, familial or locational information, except the name, of
applicants or users of transportation services for the disabled or elderly is Private Data.
19. Social Recreation Data (Private) MN Stat. 13.548
The name, address, telephone number, any other data that identifies the individual, and
any data which describes the health or medical condition of the individual, family
relationships, living arrangements, and opinions as to the emotional makeup or
behavior of individuals enrolling in recreational or social programs are Private Data.
20. Law Enforcement and Investigative Data (Confidential/Protected Nonpublic/
Private) MN Stat. 13.80, 13.82, 13.85, 13.87, 169.09, 168.10, 169A.70, 171.043, 171.07,
171.071, 171.12, 171.32, 299A.61, 299C.065, 299C.091, 299C.093, 299C.095, 299C.46,
299C.48, 299C.53, 299C.56, 611.272, 626.53, 609.324, 609.3452, 609.3471, 626.556, 626.5563,
626.557, 626.558, 626.5593, 626.89, 629.341, 260B.171, 260B.198, 260B.235, 299C.68,
299F.035, 299F.04, 299F.05, 299F.054, 299F.055, 299F.056, 299F.095, 299F.096
Data collected under Minn. Stat. § 518B.01 (Domestic Abuse Act) are Confidential until
a temporary court order is executed or served on the respondent in the action.
Audio recordings of 911 calls are Private Data on Individuals with respect to the
individual making the call, but a written transcript of the call is Public provided it does
not reveal the identity of an individual subject to protection under Minn. Stat. § 13.82,
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subd. 17 (e.g. undercover law enforcement officer, victim of criminal sexual conduct,
other crime victim or witness requesting anonymity).
Criminal investigative data during an active investigation is confidential or protected
nonpublic. Data on inactive investigations, unless the release of the data would
jeopardize an ongoing investigation or reveal the identity of an individual subject to
protection under Minn. Stat. § 13.82, subd. 17, is public—with the exception of
photographs that are clearly offensive to common sensibilities, which are private or
nonpublic data, provided the existence of the photographs is disclosed to individuals
requesting the inactive investigation file. An investigation is “inactive” when an agency
or prosecuting authority decides not to pursue a case, when the statute of limitations
(or thirty years after the offense, whichever comes first) expires, or upon the
exhaustion of appeal rights of a person convicted on the basis of the investigative data.
A law enforcement agency can make investigative data public to aid law enforcement,
promote public safety, or dispel unrest. Written requests to access data by victims of
crimes or alleged crimes must be granted unless the authority reasonably believes that
release of data will interfere with an investigation or the request is prompted by a
desire by the requester to engage in unlawful behavior.
Investigations involving reports of child abuse or neglect or maltreatment of a
vulnerable adult, either active or inactive, are Private Data on Individuals in cases
where the alleged victim is identified. The identity of the reporter of child abuse or
neglect is Confidential, unless compelled by law. The identity of the reporter of
maltreatment of a vulnerable adult is Private Data on Individuals.
Data on court records relating to name changes is Confidential during an active
investigation and Private Data on Individuals when an investigation is inactive.
Data that uniquely describes stolen, lost, confiscated, or recovered property are
Private Data or Nonpublic Data.
Data that identifies customers of pawn shops, scrap metal dealers, or secondhand
stores are Private Data on Individuals.
Deliberative process data or data revealing investigative techniques are Confidential.
Data presented as evidence in court is public.
Arrest data (including booking photographs), requests for service data, and response or
incident data is public. Details of arrest previous to charges being filed by prosecutor
are private
21. Human Rights Data (Confidential/Private) MN Stat. 13.552, 363A
Human rights investigative data are Confidential. The name and address of a charging
party and respondent, factual basis of the allegations, and the statute under which the
action is brought are Private Data on Individuals.
22. Planning Survey Data (Private/Nonpublic) MN Stat. 13.59
The following data collected in surveys of individuals conducted by the City for the purpose of
planning, development and redevelopment are classified as private or nonpublic:
names and addresses of individuals, and
the legal descriptions of property owned by the individuals, and
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the commercial use of the property to the extent disclosure of the use would identify a
particular business.
23. City Attorney Records (Confidential) MN Stat. 13.393
The use, collection, storage, and dissemination of data by the city attorney is governed by
statutes, rules, and professional standards concerning discovery, production of documents,
introduction of evidence, and professional responsibility.
Data which is the subject of attorney-client privilege is Confidential. Data which is the
subject of the “work product” privilege is Confidential.
24. Business Data (Private/Nonpublic) MN Stat. 13.591
The following data submitted by a business requesting financial assistance, a license, or other
benefit are Private or Nonpublic:
Financial information about the business, including credit reports, financial statements,
net worth calculations, business plans, income and expense projections, balance sheets,
customer lists, income tax returns, and design, market, and feasibility studies not paid
for with public funds.
This data becomes public when assistance, a license, or other benefits are granted, except the
following, which remain Private or Nonpublic:
Business plans; income and expense projections not related to the financial assistance
provided; customer lists; income tax returns; and design, market, and feasibility studies
not paid for with public funds.
25. Municipal Obligation Register Data MN Stat. 475.55 (Private/Nonpublic)
Information with respect to the ownership of municipal obligations is Private or
Nonpublic.
26. Hazardous Materials (Private/Nonpublic) MN Stat. 145.94
Data relating to exposure to hazardous substances is Private or Nonpublic.
27. Auditing Data (Nonpublic/Protected Nonpublic) MN Stat. 13.392
Data, notes, and preliminary drafts of audit reports are confidential or protected
nonpublic until the final report is published.
28. Salary Benefit Survey Data (Nonpublic) MN Stat. 13.435
Salary and personnel benefit data purchased from consulting firms is nonpublic.
29. Social Security Numbers (Private) MN Stat. 13.355
SSNs collected in whole or in part are Private Data On Inviduals.
30. Public Employees Retirement Association Data MN Stat. 13.63
(Private)
The home address, date of birth, direct deposit account number, and tax withholding data of
individual beneficiaries and survivors of members are Private Data on Individuals.
31. Electronic Payments, Credit Card Numbers, MN Stat. 13.37; 13.6401 Bank
Account Numbers (Nonpublic)
Information that would substantially jeopardize the security of information, possessions, or
individuals or property against theft, tampering, improper use, attempted escape, illegal
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disclosure, trespass, or physical injury is Private or Nonpublic.
32. Drug and Alcohol Test Results (Private) MN Stat. 181.954; 49 CFR 382.405
With respect to public sector employees and job applicants, the results of drug or alcohol tests
are Private Data on Individuals.
33. Data On Rentals (Private/Nonpublic) MN Stat. 13.55
The following data relating to convention rentals are classified as Private and Nonpublic: Letter
or other documentation from any person who makes inquiry to or who is contacted by the
facility regarding the availability of the facility for staging events, identity of firms and
corporations which contact the facility, type of event which they wish to stage in the facility,
suggested terms of rentals, and responses of authority staff to these inquiries, exhibitor data.
All rental data is Public information when certain conditions are met.
34. Group Auto Self-Insurance Claims Data Minn. Stat. § 471.617
(Private/Nonpublic)
Claims data, either as to single claims or total claims of an individual, is Private or Nonpublic
Data, except that it may be disclosed to authorized personnel of the City in order to
administer a health benefit program.
35. Welfare (Private) MN Stat. 13.46
Generally, welfare data (expect summary data) is Private Data. The welfare data section of the
MGDPA, however, has numerous exceptions and special treatment for particular data types
and applications. Contact the City attorney for requests involving welfare data.
36. Benefit Data (Private) MN Stat. 13.462 Data on individuals seeking information about
becoming an applicant for or a recipient of benefits or services provided, or that is or was an
applicant or recipient of such benefits or services, under various housing, home ownership,
rehabilitation and community action agency, Head Start, and food assistance programs
administered by government entities, with the exception of names and addresses, is Private
Data.
37. Safe At Home Participant (Private) Minn. Stat. § 13.045 Identity and location data on a
program participant that are not otherwise classified by law are private data on individuals.
38. Domestic Abuse Data (Confidential) Minn. Stat. § 13.80 Data on individuals collected,
created, received or maintained by the police department pursuant to the Domestic Abuse Act,
section 518B.01, are classified as confidential data, pursuant to section 13.02, subdivision 3, until
a temporary court order made pursuant to subdivision 5 or 7 of section 518B.01 is executed or
served upon the data subject who is the respondent to the action.
39. Personal Contact And Online Account Information (Private) Minn. Stat. § 13.356, Data
on an individual collected, maintained, or received for notification purposes or as part of a
subscription list for electronic periodic publications as requested by the individual are private
data on individuals: (1) telephone number; (2) e-mail address; and (3) Internet user name,
password, Internet protocol address, and any other similar data related to the individual's online
account or access procedures.
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EXHIBIT E
CITY OF EDINA DATA PRACTICES ADVISORY
(TENNESSEN WARNING)
Some or all of the information that you are asked to provide on the attached form is classified by
state law as either private, nonpublic, confidential or protected nonpublic. Private data is
information which generally cannot be given to the public but can be given to the subject of the
data. Confidential data is information which generally cannot be given to either the public or the
subject of the data.
Our purpose and intended use of this information is:
You are / are not legally required to provide this information.
If you refuse to supply the information, the following may happen:
Other persons or entities who are authorized by law to receive this information are:
Your signature on this form indicates that you understand this advisory.
X _
Signature
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EXHIBIT F
CITY OF EDINA
CONSENT TO RELEASE PRIVATE DATA
I, , authorize the City of Edina (“City”) to release the
(print name)
following private data about me:
to the following person or people:
The person or people receiving the private data may use it only for the following purpose or purposes:
This authorization is dated and expires on .
The expiration cannot exceed one year from the date of the authorization, except in the case of authorizations given in connection with applications for
life insurance or non-cancelable or guaranteed renewable health insurance and identified as such, two years after the date of the policy.
I agree to give up and waive all claims that I might have against the City, its agents and employees for
releasing data pursuant to this request.
Print Name
X _
Signature
Identification must be verified by driver’s license, state ID, passport, or other valid identification.
On this ______day of __________________, ________ personally appeared before me; whose identity I proved on
the basis of satisfactory evidence to be the signer of the above instrument, and he/she acknowledged that he/she executed it.
_____________________________
Notary Public
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EXHIBIT G
CIT OF EDINA
GOVERNMENT DATA ACCESS
AND NONDISCLOSURE AGREEMENT
1. AUTHORIZATION. City of Edina (“City”) hereby authorized
, (“Authorized Party”) access to the following government data:
2. PURPOSE. Access to this government data is limited to the objective of creating summary data for
the following purposes:
3. COST. (Check which applies)
The Authorized Party is the person who requested the summary data and agrees to bear the
City’s cost associated with the preparation of the data which has been determined to be $
The Authorized Party has been requested by the City to prepare summary data and will be paid a
reasonable fee.
4. SECURITY. The Authorized Party agrees that it and any employees or agents under its control
must protect the privacy interest of individual data subjects in accordance with the terms of this
Agreement.
The Authorized Party agrees to remove all unique personal identifiers which could be used to
identify any individual from data classified by state or federal law as non-public which is obtained
from City records and incorporated into reports, summaries, compilations, articles or any
document or series of documents. Data contained in files, records, or other storage media
maintained by the City are the City’s property and are not to leave the City’s custody. The
Authorized Party agrees not to make reproductions of any data or to remove any data from the site
where it is provided, if the data can in any way identify an individual.
No data which are not public and which are irrelevant to the purpose state above will ever be
disclosed or communicated to anyone by any means.
The Authorized Party warrants that the following named individual(s) will be the only person(s) to
participate in the collection of the data described above:
5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or
disclosure of government data collection, used and maintained in the exercise of this Agreement and
classified as not public under state or federal law. The Authorized Party understands that it may be
subject to civil or criminal penalties under those laws.
The Authorized Party agrees to defend, indemnify, and hold the city, its officers and employees
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harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable
attorneys’ fees, resulting directly or indirectly from an act or omission of the Authorized Party, its
agents, employees or assignees under this agreement and against all loss by reason of the Authorized
Party’s failure to fully perform in any respect all obligations under this Agreement.
6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all
times during the term of the Agreement to maintain insurance covering the Authorized Party’s
activities under this Agreement. The insurance will cover $1,000,000 per claimant for personal
injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification
obligation specified above.
7. ACCESS PERIOD. The Authorized Party may have access to the information described above
from to
.
8. SUMMARY DATA RESULTS. (Check which applies):
If the Authorized Party is the requester, a copy of all reports, summaries, compilations, articles,
publications or any document or series of documents which are created from the information
provided under this Agreement must be made available to the city in its entirety.
If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations,
articles, publication or any document or series of documents which are created from the
information provided under this Agreement must be provided to the City. The Authorized Party
may retain one copy for its own records but may not disclose it without City permission, except
in defense of claims brought against it.
AUTHORIZED PARTY:
By: Date:
Title (If Applicable):
CITY OF Edina
By: Date:
City Manager
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EXHIBIT H
CITY OF EDINA
NOTICE TO PERSONS UNDER AGE OF 18
Some of the information you are asked to provide is classified as private under state law. You have the right
to request that some of the information not be given to one or both of your parents/legal guardians. Please
complete the form below if you wish to have information withheld.
Your request does not automatically mean that the information will be withheld. State law requires the City
to determine if honoring the request would be in your best interest. The City is required to consider:
Whether you are of sufficient age and maturity to explain the reasons and understand the
consequences,
Whether denying access may protect you from physical or emotional harm,
Whether there is reasonable grounds to support your reasons, and
Whether the data concerns medical, dental, or other health services provided under Minnesota
Statutes Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the
parent would seriously jeopardize your health.
NOTICE GIVEN TO: Date:
BY:
(Title)
Request to Withhold Information
I request that the following information:
Be withheld from:
For these reasons:
I have received and reviewed this notice:
Date of Birth:
Print Name Signature
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EXHIBIT I
SAMPLE CONTRACT PROVISION
DATA PRACTICES ACT
Data Practices Compliance. Contractor will have access to data collected or maintained by the
City to the extent necessary to perform Contractor’s obligations under this contract. Contractor
agrees to maintain all data obtained from the City in the same manner as the City is required under
the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Contractor will not
release or disclose the contents of data classified as not public to any person except at the written
direction of the City. Contractor agrees to defend and indemnify the City, its elected officials and
employees, from any claim, liability, damage or loss asserted against the City, its elected officials and
employees, as a result of Contractor’s failure to comply with the requirements of the Act or this
contract. Upon termination of this contract, Contractor agrees to return data to the City, as
requested by the City.