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940 Brown Road South - 10-117-23-12-0004
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Project Packet
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Sec.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 <br /> supply 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 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 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 <br /> 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 disclosed 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 /> 8 <br />
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