08-22-2005 Council Packet - Laserfiche WebLink

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S«c. 13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Typo of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system: (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive foe data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue mav place the notice required under this subdivision in the individual income tax or orooertv tax refund Instructions instead of on those forms. ; Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is foe subiect of stored private or public data on individuals shall be shown the data without any charge to him and. if he desires, shall be informed of foe content and meaning of that data. After an individual has been shown foe private data and informed of its meaning, foe data need not be disclosed to him for six nxMiths thereafter unless a dispute or action pursuant to this section is pending or additional data on the individuai has been collected or aeated. The . responsible authority shall provide copies of the private or public data upon request by the individual subiect of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling foe copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, SurKiays arfo legal holidays, if immediate compliance is not possibie. If he cannot comply with the request within that time, he shall so inform the individual, ar>d may have an additional five days within which to comply with foe request, exciuding Saturdays. Sundays and legal holidays. Subd. 4. Procedure when data 1s not accurate or complete. An individual may contest foe accuracy or completeness of public or private data concerning himself. To exercise this right, an individuai shall notify in writing foe responsible authority describing foe nature of the disagreement. The responsible authority shall within 30 days either (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or ir>complete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with foe disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of foe administrative procedure act relating to contested cases. In : a: