Laserfiche WebLink
Sec.13.04 RIGHTS OF SUBJECTS OF DATA <br />Subdivision I. Type of data. The rights of individual on whom the data is stored <br />or to be stored shall be as set forth in this section. <br />Subd. 2. Information required to be given individual. An individual asked to <br />supply private or confidential data concerning himself shall be informed of: (a) the purpose <br />and intended use of the requested data within the collecting state agency, political subdivision, <br />or statewide system; (b) whether he may refuse or is legally required to supply the requested <br />data; (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 <br />supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement <br />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 <br />the data without any charge to him and, if he desires, shall be informed of the content and <br />meaning of that data. After an individual has been shown the private data and informed of <br />its meaning, the data need not be disclosed to him for six months thereafter unless a dispute <br />or action pursuant to this section is pending or additional data on the individual has been <br />collected or created. The responsible authority shall provide copies of the private or public <br />data upon request by the individual subject of the data. The responsible authority may require <br />the 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 <br />Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot <br />comply with the request within that time, he shall so inform the individual , and may have an <br />additional five days within which to comply with the request, excluding Saturdays, Sundays <br />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 <br />data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate <br />or incomplete data, including recipients named by the individual; or (b) notify the individual <br />that he believes the data to be correct. Data in dispute shall be disclosed only if the <br />individual's 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 />9