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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 to be stored shall be <br /> as set forth in this section. <br /> Subd. 2. Tennessen warning. An individual asked to supply private or confidential data concerning the <br /> individual shall be informed of: (a) the purpose and intended use of the requested data within the collecting <br /> government entity (b) whether he may refuse or is legally required to supply the requested data; (c) any known <br /> consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of <br /> other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply <br /> when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 7, to a law <br /> enforcement officer. <br /> Subd. 3. Access to data by individual. Upon request to a responsible authority or designee, an <br /> individual shall be informed whether the individual is the subject of stored data on individuals, and whether it is <br /> classified as public, private or confidential. Upon further request, an individual who is the subject of stored private <br /> or public data on individuals shall be shown the data without any charge and, if desired, shall be informed of the <br /> content and meaning of that data. After an individual has been shown the private data and informed of its <br /> meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to <br /> this section is pending or additional data on the individual has been collected or created. The responsible <br /> authority or designee shall provide copies of the private or public data upon request by the individual subject of <br /> the data. The responsible authority or designee may require the requesting person to pay the actual costs of <br /> making and certifying the copies. <br /> The responsible authority or deslgnee�s�all comply immediately; if�possible,`with'aRX'+'equest made <br /> pursuant to this subdivision, or within ten days of fhe date of the request, excluding Saturdays, Sundays and legal <br /> holidays, if immediate compliance is not possible. <br /> Subd. 4. Procedure when data is not accurate or complete. (ya)"An.indiv,idual subject pf the data may <br /> contest the accuracy or completeness of public or private data. To exercise this right, an individual shall notify in <br /> writing the responsible authority describing the nature of the disagreement. The responsible authority shall within <br /> ,30.days ei�her: .�1) correct the data found to.be�inaccurate or incomplete and attempt to notify past recipients of <br /> 'inaccurate or incomplet�data, including recipients named by the individual; or (2) notify�the individual that the <br /> authority believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of <br /> disagreement is included with the disclosed data. <br /> The determination of the responsible authority may be appealed pursuant to the provisions of the <br /> Administrative Procedure Act relating to contested cases. Upon receipt of an appeal by an individual, the <br /> commissioner shall, before issuing the order and notice of the contested case hearing r.equired by chapter 14, try <br /> to resolve the dispute through education, conference, conciliation, or persuasion. If the parties consent, the <br /> commissioner may refer to the matter to medication. Following these efforts, the commissioner shall dismiss the <br /> appeal or issue the order and notice of hearing. <br /> (b) Data on individuals that have been successfully challenged by an individual must be completed, <br /> corrected, or destroyed by a government entity without regard to the requirements of section 138.17. <br /> After completing, correcting, or destroying successfully challenged data, a government entity may retain a <br /> copy of the commissioner of administration's order issued under chapter 14 or, if no order were issued, a <br /> summary of the dispute between the parties that does not contain any particulars of the successfully challenged <br /> data. <br /> Packet Last Updated: January 2015 <br /> Page 8 <br />