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Project Packet
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SignatureSec.13.04 RIGHTS OF SUBJECTS OF DATA <br />Subdivision 1. Type of data. The rights of individual on whom the data is stored or <br />to be stored shall be as set forth in this section. <br />Subd. 2. Information required to be given individual. An individual asked to supply <br />private or confidential data concerning himself shall be informed of: (a) the purpose and <br />intended use of the requested data within the collecting state agency, political subdivision, or <br />statewide system; (b) whether he may refuse or is legally required to supply the requested data; <br />(c) any known consequence arising from his supplying or refusing to supply private or <br />confidential data; and ( d) the identity of other persons or entities authorized by state or federal <br />law to receive the data. This requirement shall not apply when an individual is asked to supply <br />investigative data, pursuant to section 13.82, subdivision 5 , to a law enforcement officer. <br />The commissioner of revenue may place the notice required under this subdivision in <br />the individual income tax or property tax refund instructions instead of on those forms. <br />Subd. 3. Access to data by individual. Upon request to a responsible authority, an <br />individual shall be informed whether he is the subject of stored . data on individuals, and <br />whether it is classified as public, private or confidential. Upon his further request, an <br />individual who is the subject of stored private or public data on individuals shall be shown the <br />data without any charge to him and, if he desires , shall be infom1ed of the content and meaning <br />of that data. After an individual has been shown the private data and informed of its meaning, <br />the data need not be disclosed to him for six months thereafter unless a dispute or action <br />pursuant to this section is pending or additional data on the individual has been collected or <br />created. The responsible authority shall provide copies of the private or public data upon <br />request by the individual subject of the data. The responsible authority may require the <br />requesting person to pay the actual costs of making, certifying, and compiling the copies. <br />The responsible authority shall comply immediately , if possible, with any request made <br />pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, <br />Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with <br />the request within that time , he shall so inform the · individual , and may have an additional five <br />days within which to comply with the request, excluding Saturdays , Sundays and legal holidays. <br />Subd. 4. Procedure when data is not accurate or complete. An individual may <br />contest the accuracy or completeness of public or private data concerning himself. To exercise <br />this right, an .individual shall notify in writing the responsible authority describing the nature <br />of the disagreement. The responsible authority shall within 30 days either: (a) correct the data <br />found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or <br />incomplete data, including recipients named by the individual; or (b) notify the individual that <br />he believes the data to be correct. Data in dispute shall be disclo s ed only if the individual's <br />statement of disagreement is included with the disclosed data. <br />The determination of the responsible authority may be appealed pursuant to the <br />provisions of the administrative procedure act relating to contested cases. <br />10
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