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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 Page | 2 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 Page | 3 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 Page | 4 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: Page | 5 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 Page | 6 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. Page | 7 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 Page | 8 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 Page | 9 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 Page | 10 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 Page | 11 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 Page | 12 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 Page | 13 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. Page | 14  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 Page | 15 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, Page | 16 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 Page | 17  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 Page | 18 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. Page | 19 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 Page | 20 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 Page | 21 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 Page | 22 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 Page | 23 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 Page | 24 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.