HomeMy WebLinkAbout6.d. Data Practices Policy Update
EXECUTIVE SUMMARY
City Council Regular Meeting: February 5, 2018
AGENDA ITEM: Data Practices Policy Update AGENDA SECTION:
Consent
PREPARED BY: Logan Martin, City Administrator AGENDA NO. 6.d.
ATTACHMENTS: Draft Data Practices Policy
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve Amended Data Practices Policy.
SUMMARY
The Minnesota Government Data Practices Act (MS 13) governs access to government data of all
kinds in the state of Minnesota. MS 13.03, subd. 2 requires that “the responsible authority in every
government entity shall establish procedures, consistent with this chapter, to insure that requests for
government data are received and complied with in an appropriate and prompt manner.” The City’s
Data Practices Policy was written to comply with this law.
Staff has reviewed the City’s existing Data Practices Policy and finds it necessary and useful to make
changes to reflect current practices and State Statute. City Attorney Tietjen has reviewed and
suggested changes, as well.
RECOMMENDATION
Staff recommends approval of the amended City of Rosemount Data Practices Policy.
CITY OF ROSEMOUNT
DATA PRACTICES PROCEDURES
CITY OF ROSEMOUNT
DATA PRACTICES PROCEDURES
(Final page numbers will be changed after edits are accepted)
INDEX
SUBJECT Page
I. Introduction .............................................................................................................................. 1
II. Responsible Authority and Data Practices Compliance Official ............................................ 1
III. Access to Public Data .............................................................................................................. 1
A. People Entitled to Access ........................................................................................... 1
B. Form of Request .......................................................................................................... 1
C. Time Limits ................................................................................................................. 1
D. Fees .............................................................................................................................. 1
IV. Access-to Data on Individuals ................................................................................................. 2
A People Entitled to Access ............................................................................................ 2
B. Form of Request. ......................................................................................................... 3
C. Identification of Requesting Party ............................................................................... 3
D. Time Limits ................................................................................................................. 3
E. Fees .............................................................................................................................. 3
F. Summary Data ............................................................................................................. 3
G. Records of Juveniles and Incapacitated PersonsJuvenile Records ............................. 4
V. Denial of Access ...................................................................................................................... 5
VI. Collection of Data on Individuals ............................................................................................ 5
VII. Challenge to Data Accuracy .................................................................................................... 6
VIII. Data Protection ......................................................................................................................... 6
A. Accuracy and Currency of Data .................................................................................. 6
B. Data Safeguards/Ensuring the Security of Not Public Data ....................................... 6
EXHIBITS Number
Responsible Authority And Compliance Official
And Designeeslist of Designees ........................................................................................................... 1
Photocopying ChargesCity Photocopy Charge Policy ........................................................................ 2
Consent to Release Private Data .......................................................................................................... 3
Information Disclosure Request ........................................................................................................... 4
Government Data Access and Nondisclosure Agreement ................................................................... 5
Notice to JuvenilesPersons Under Age of 18 ....................................................................................... 6
Data Practices Advisory / Tennessen Warning .................................................................................... 7
Sample Contract ProvisionLanguage, Outside Agents ........................................................................ 8
Consent to Release Copyrighted Data ................................................................................................... 9
Tennessen Warning – Job Applicants ................................................................................................. 10
Building Permit / Plans Advisory ........................................................................................................ 11
APPENDICES Letter
Private & Confidential Data Maintained by City ................................................................................ A
Forms Which Request Private or Confidential Data ........................................................................... B
Record of Annual Review ................................................................................................................... C
CITY OF ROSEMOUNT
DATA PRACTICES PROCEDURES
I. Introduction.
These procedures are adopted to comply with the requirements of the Minnesota Data Practices Act
(the"Act"), Minnesota Statutes, Chapter 13.specifically Minn. Stat. §§ 13.025, 13.03, Subd. 2 and
13.05, Subd. 5 and 8.
II. Responsible Authority and Data Practices Compliance Official.
The person who is the responsible authority and the compliance official for compliance with the Act
is the City Clerk. The responsible authority and compliance official has designated certain other
City employees to assist in complying with the Act. These designees are listed on attached Exhibit
1.
III. Access to Public Data.
All information maintained by the City is public unless there is a specific statutory designation
which gives it a different classification.
A. People Entitled to Access. Any person has the right to inspect and copy public data. The
person also has the right to have an explanation of the meaning of the data. The person does not
need to state his or her name or give the reason for the request. Copyrighted public documents may
be shown to anyone but shall not be reproduced or photocopied without express written permission
from the copyright holder. (See Exhibit 9)
B. Form of Request. The request for public data may be verbal or written. The responsible
authority or designee may require a verbal request to be made in writing, whenever a written request
will assist the responsible authority or designee in performing his or her duties.
C. Time Limits.
Requests. Requests will be received and processed only during normal business hours.
Response. If the request is made by someone other than the data subject and access or
copies cannot be made at the time of the request, copies must be supplied as soon as
reasonably possible. If the request is made by the data subject, the response must be
immediate, if possible, or within 10 working days (excluding Saturdays, Sundays and legal
holidays) if an immediate response is not possible.
D. Form of Copies. Where public data is maintained in a computer storage medium, the
City must provide copies of the public data in electronic form, upon request, if a copy can
reasonably be made in that form. The City is not required to provide the data in an electronic
format or program that is different from the format or program in which the City maintains the
City of Rosemount - Data Practices Procedure Page 2
data. The City may charge a fee for the actual cost of providing the copy.
E. Fees.
No Fees Charged. No fee may be charged for merely inspecting data. An inspection of
data includes instances where the city prints copies of data, when the only method of
providing for inspection is to print a copy. When copies are requested and a fee is charged
for copies, no No fee will be charged for merely inspecting data or for. fee may be charged
for time spent separating public from not public data.
Fees Charged. Fees may will be charged only if the requesting person asks for a copy or
electronic transmittal of the data. Fees will be charged according to the City's standard
copying policy, attached as Exhibit 2. For requests by anyone other than the data subject, If
the time required to search for and retrieve the requested data is significant, the fee will
include the actual cost of searching for, retrieving, copying or electronically transmitting the
data.
The responsible authority may charge an additional fee if the copies have commercial value
and are a substantial and discrete portion of a formula, compilation, program, process, or
system developed with significant expenditure of public funds. This additional fee must
relate to the actual development costs of the information. The responsible authority may
also charge a fee for remote access to data where the data or the access is enhanced at the
request of the person seeking access.
IV. Access to Data on Individuals.
Information about individual people is classified by law as public, private, or confidential. A list of
the private and confidential information maintained by the City is contained in Appendix A. The
forms used to collect private and confidential information are contained in Appendix B.
A. People Entitled to Access.
Public information about an individual may be shown or given to anyone.
Private information about an individual may be shown or given to:
• The individual data subject, but only once every six months, unless a dispute has
arisen or additional data has been collected.
• A person who has been given access by the express written consent of the individual
data subject. This consent must be on the form attached as Exhibit 3, or on a
reasonably similar form.
City of Rosemount - Data Practices Procedure Page 3
• People who are authorized access by the federal, state, or local law or court order.
• People about whom the individual was advised at the time the data was collected.
The identity of those people must be part of the Tennessen warning described below.
• People within the City staff, the City Council, and outside agents under contract with
the City (e.g., insurance adjusters or attorneys) whose work assignments or
responsibilities reasonably require access.
Confidential information may not be given to the subject of the data, but may be shown or
given to:
• People who are authorized access by federal, state, or local law or court order.
• People within the City staff, the City Council, and outside agents under contract with
the City (e.g., insurance adjusters or attorneys) whose work assignments or
responsibilities reasonably require access.
B. Form of Request. Any individual may request data verbally or in writing. Data will be
released depending on whether or not as to whether the City has stored data about that individual
and whether the data is classified as public, private, or confidential.
All requests to see or copy private or confidential information must be in writing. An Information
Disclosure Request, attached as Exhibit 4, must be completed to document who requests and who
receives this information. The responsible authority or designee must complete the relevant portions
of the form. The responsible authority or designee may waive the use of this form if there is other
documentation of the requesting party's identity, the information requested, and the City's response.
C. Identification of Requesting Party. The responsible authority or designee must verify the
identity of the requesting party as a person entitled to access when private or confidential data is
requested. Verification can be through personal knowledge, presentation of written identification,
comparison of the data subject's signature on a consent form with the person's signature in City
records, or other reasonable means.
D. Time Limits.
Requests. Requests will be received and processed only during normal business hours.
Response. The response must be immediate, if possible, or within 10 working days,
(excluding Saturdays, Sundays and legal holidays) if an immediate response is not possible.
E. Fees. Fees may be charged in the same manner as for public information and as
summarized in Exhibit 2.
City of Rosemount - Data Practices Procedure Page 4
F. Summary Data. Summary data means statistical records and reports derived from data on
individuals but which do not identify an individual by name or any other characteristic that could
uniquely identify an individual. Summary data derived from private or confidential data is public.
The responsible authority or designee will prepare summary data upon request, if the request is in
writing and the requesting party pays for the cost of preparation. The responsible authority or
designee must notify the requesting party about the estimated costs and collect those costs before
preparing or supplying the summary data. This should be done within 10 days after receiving the
request. If the summary data cannot be prepared within 10 days, the responsible authority must
notify the requester of the anticipated time schedule and the reasons for the delay.
Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the
records that contain personal identifiers, programming computers to delete personal identifiers, or
other reasonable means.
The responsible authority may ask an outside agency or person, including the person requesting the
summary data, to prepare the summary data if (1) the specific purpose is given in writing, (2) the
agency or person signs a nondisclosure agreement that meets the requirements of Minnesota Rules,
Part. 1205.0700, subp. 5, and (3) the responsible authority determines that access by the outside
agency or person will not compromise the privacy of the private or confidential data. The
responsible authority may use the form attached as Exhibit 5.
G. Records of Juveniles and Incapacitated PersonsJuvenile Records. The following
applies to private (not confidential) data about people under the age of 18 and about those persons
who are incapacitated as defined by Minn. Stat. § 524.5-102, subd. 6.
Parental Access. In addition to the people listed above who may have access to private
data, a parent may have access to private information about a juvenile data subjector
incapacitated person. "Parent" means the parent or guardian of a juvenile data subject, or
individual acting as a parent or guardian in the absence of a parent or guardian. The parent is
presumed to have this right unless the responsible authority or designee has been given
evidence that there is a state law, court order, or other legally binding document which
prohibits this right.
Notice to Juvenile or Incapacitated Person. Before requesting private data from juveniles,
or incapacitated persons, city personnel must notify the juveniles or incapacitated person
that they may request that the information not be given to their parent(s). This notice should
be in the form attached as Exhibit 6.
Denial of Parental Access. The responsible authority or designee may deny parental access
to private data when the juvenile individual requests this denial and the responsible authority
or designee determines that withholding the data would be in the best interest of the
juvenileindividual. The request from the juvenile individual must be in writing stating the
City of Rosemount - Data Practices Procedure Page 5
reasons for the request. In determining the best interest of the juvenileindividual, the
responsible authority or designee will consider:
• Whether the juvenile individual is of sufficient age and maturity to explain the
reasons and understand the consequences of denying parental access,
• Whether denying parental access may protect the juvenile individual from physical
or emotional harm,
• Whether there are reasonable grounds to support the juvenile's individual's reasons
for denying parental access, and
• Whether the data concerns medical, dental, or other health services provided under
Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only
if failure to inform the parent would seriously jeopardize the health of the
minorindividual.
The responsible authority or designee may also deny parental access without a request from
the juvenile or incapacitated person under Minnesota Statutes Section 144.335, or under any
other state or federal statute that allows or requires denial of parental access and that
provides standards for denying parental access.
V. Denial of Access.
If the responsible authority or designee determines that the requested data is not accessible to the
requesting party, the responsible authority or designee must inform the requesting party orally at the
time of the request or in writing as soon after that as possible. The responsible authority or designee
must give the specific legal authority, including statutory section, for withholding the data. The
responsible authority or designee must place an oral denial in writing upon request. This must also
include the specific legal authority for the denial.
VI. Collection of Data on Individuals.
The collection and storage of information about individuals will be limited to that necessary for the
administration and management of programs specifically authorized by the state legislature, city
council, or federal government.
When an individual is asked to supply private or confidential information about the individual, the
City employee requesting the information must give the individual a Tennessen warning. This
warning must contain the following:
City of Rosemount - Data Practices Procedure Page 6
the purpose and intended use of the requested data,
whether the individual may refuse or is legally required to supply the requested data,
any known consequences from supplying or refusing to supply the information, and
the identity of other persons or entities authorized by state or federal law to receive the data.
A Tennessen warning is not required when: 1) an An individual is requested to supply investigative
data to a law enforcement officer; 2) An individual is requested to supply investigative data to a
law enforcement officer; 32) The data subject is not an individual (e.g., the data subject is a
corporation or partnership); 43) The data subject offers information that has not been requested
by the City; 5 4) The information requested from the individual is about someone else;; 65) The
City receives information about the subject from someone else; or, 6) The information requested
from the subject is classified as public data.
A Tennessen warning may be on a separate form or may be incorporated into the form which
requests the private or confidential data. See attached Exhibit 7.
Collection of Data on Individuals through the Use of the City’s Computer. When an
individual gains access to government information or services through the City’s computer, the
City may create, collect, or maintain electronic access data or use its computer to install a cookie
on an individual’s computer. The City must inform individuals gaining access to the City’s
computer of the creation, collection, or maintenance of electronic access data or the City’s use of
cookies before requiring the individual to provide any data about the individual to the City. As
part of that notice, the City must inform the individual how the data will be used and
disseminated. Notwithstanding an individuals’ refusal to accept a cookie on its computer, the
City must allow the individual to gain access to data or information, transfer data or information,
or use government services by means of the City’s computer. The provisions of this section do
not apply to a cookie temporarily installed by the City on a person’s computer during a single
session on or visit to the City’s web site if the cookie is installed only in a computer’s memory
and is deleted from the memory when the web site browser or application is closed.
VII. Challenge to Data Accuracy.
An individual who is the subject of public or private data may contest the accuracy or completeness
of that data maintained by the City. The individual must notify the City's responsible authority in
writing describing the nature of the disagreement. Within 30 days, the responsible authority or
designee must respond and either (1) correct the data found to be inaccurate or incomplete and
attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the
individual, or (2) notify the individual that the authority believes the data to be correct. The
City of Rosemount - Data Practices Procedure Page 7
responsible authority should provide the data subject with a written statement that informs the data
subject of the right to appeal and should also provide a copy of Minnesota Rules, Part. 1205.1600.
An individual who is dissatisfied with the responsible authority's action may appeal to the
Commissioner of the Minnesota Department of Administration, using the contested case procedures
under Minnesota Statutes Chapter 14. The responsible authority will correct any data if so ordered
by the Commissioner.
VIII. Data Protection.
A. Accuracy and Currency of Data.
All employees will be requested, and given appropriate forms, to provide updated personal
information to the appropriate supervisor or the City Clerk or Finance Director, which is
necessary for tax, insurance, emergency notification, and other personnel purposes. Other
people who provide private or confidential information will also be encouraged to provide
updated information when appropriate.
Department heads should periodically review forms used to collect data on individuals to
delete items that are not necessary and to clarify items that may be ambiguous.
All records must be disposed of according to the City's records retention schedule.
B. Data Safeguards/Ensuring the Security of Not Public Data.
The City has established the following procedures to ensure appropriate access to not
public data.
● Data Inventory. Pursuant to Minn. Stat. § 13.025, subd. 1, the City has a Data
Inventory that identifies and describes all not public data on individuals maintained by
the City. To comply with Minn. Stat. § 13.05, subd. 5, the City has modified its Data
Inventory to represent the employees who have access to not public data.
In the event of a temporary duty as assigned by the City Administrator or Supervisor, an
employee may access certain not public data, for as long as the work is assigned to the
employee.
In addition to those employees listed in the Inventory, the Responsible Authority,
Compliance Officer and Assistant City Administrator and City Administrator, may have
access to all not public data maintained by the City for specified duties. Any access to
not public data will be strictly limited to the data necessary to complete the work
assignment.
City of Rosemount - Data Practices Procedure Page 8
● Employee position descriptions and job responsibilities. Position descriptions
may contain provisions identifying any not public data accessible to the employee when a
work assignment reasonably requires access. Only those employees whose job
responsibilities require them to have access will be allowed access to files and records
that contain private or confidential information. These employees shall be instructed to:
1) not discuss, disclose, or otherwise release private or confidential data to anyone other
than City employees whose job responsibilities require access to the data;
2) not leave private or confidential data where non-authorized individuals might see it;
and
3) shred private or confidential data before discarding.
● Data Storage. Private and confidential information will be stored in files, work
spaces, or databases that are not readily accessible to individuals who do not have
authorized access and that will be secured during hours when offices are closed. Private
and confidential data will be kept only in City offices, except when necessary for City
business. The City will limit access to shared network drives and implement password
protections, where necessary, for not public data.
● Data Sharing with Authorized Entities or Individuals. State or federal law
may authorize the sharing of public data in specific circumstances. Not public data may
be shared with another entity if a federal or state law allows or mandates it. Individuals
will receive notice of any sharing in applicable Tennessen warnings or the City will
obtain the individual’s consent. Any sharing of not public data will be strictly limited to
the data necessary or required to comply with the applicable law. When a contract with
an outside party requires access to private or confidential information, the contracting
party will be required to use and disseminate the information consistent with the Act.
The City will include in a written contract the language contained in Exhibit 8, or
substantially similar language.
● Security Assessment. The City will conduct an annual comprehensive security
assessment of any personal information maintained by the City (I.e., social security
numbers, driver’s license or identification numbers, and account, credit and debit card
numbers along with any security code, access code or passwords that would permit
access to an individual’s financial account).
● Procedures for Breaches in Security.
In the event of an unauthorized breach of the security of not public data, the City will
follow all applicable procedures pursuant to Minn. Stat. § 13.055. The City will
promptly investigate a breach in the security of data. Upon completion of the
investigation and final disposition of any disciplinary action related to the breach, the
City will prepare a report on the facts and results of the investigation.
City of Rosemount - Data Practices Procedure Page 9
If the breach involves unauthorized access to or acquisition of data by an employee,
contractor, or agent of the City, the report will include: 1) a description of the type of data
that were accessed or acquired; 2) the number of individuals whose data was improperly
accessed or acquired; 3) if there has been final disposition of disciplinary action, the
name of each employee determined to be responsible for the unauthorized access or
acquisition; and 4) the final disposition of any disciplinary action taken against each
employee in response.
The City will notify the subject of the data that the report is being prepared and how to
access the report and that the report may be requested by mail or email. Notification to
the data subject may be delayed if a law enforcement agency determines that the
notification will impede an active criminal investigation. After the law enforcement
agency determines that notification will not compromise the investigation, the
notification must be made to the data subject.
The City will notify each data subject affected by a breach in writing either by first class
mail or by electronic notice, or by substitute notice, as allowed by law. Private and
confidential information will be stored in files or databases which are not readily accessible
to individuals who do not have authorized access and which will be secured during hours
when the offices are closed.
Private and confidential data must be kept only in City offices, except when necessary for
City business.
Only those employees whose job responsibilities require them to have access will be
allowed access to files and records that contain private or confidential information. These
employees will be instructed to:
• not discuss, disclose, or otherwise release private or confidential data to City
employees whose job responsibilities do not require access to the data,
• not leave private or confidential data where non-authorized individuals might see it,
and
• shred private or confidential data before discarding.
When a contract with an outside party requires access to private or confidential information,
the contracting party will be required to use and disseminate the information consistent with
the Act. The City may include in a written contract the language contained in Exhibit 8.
Exhibit 1
RESPONSIBLE AUTHORITY, AND COMPLIANCE OFFICIAL
AND DESIGNEES
Responsible Authority and Compliance Official Records
Clarissa Hadler Erin Fasbender, City Clerk All records
Designees
Dan Schulz, Director of Parks and Recreation Parks and Recreation Department
Mitchell Scott, Chief of Police Police Department
Kim Lindquist, Community Development Director Community Development
Department
Jim Koslowski, Public Works Supervisor Public Works Department
Andrew BrotzlerBrian Erickson, City Engineer/Director of
Public Works
Public Works Department
Richard Schroeder, Fire Chief
Fire Department
Jeff May, Finance Director Finance Department
Emmy Foster, Assistant City Administrator Human Resources
Dwight JohnsonLogan Martin, City Administrator All records
Alan StrandRick Chase, Chief Building Official Building Inspections
Exhibit 2
CITY PHOTOCOPY CHARGE POLICY
The following fees for copies apply to all departments.
1. 100 copies or less of black and white letter or $.25/page + tax
legal sized copies; or $.30/page + tax (for color)
2. More than 100 pages of black and white Actual costs will be billed
letter or legal sized copies + tax
3. Document that is outsourced Actual costs will be billed
+ tax
Faxed copies are $.50 per page plus tax. If more than 100 pages or if long distance charges
apply, actual costs plus tax will be billed to the requester.
Mailed copies are charged the applicable document rate and all handling costs plus tax.
Document Charge Fee as established in City fee schedule
(Charged for certain frequently requested documents, such as zoning codes, maps, etc.)
“Actual cost” means the cost of any materials (paper, copier ink, staples, CDs/DVDs,
video/audio tapes, etc.), any special costs associated with making copies from computerized data,
such as writing or modifying a computer program to format data, any mailing costs and any
vehicle costs directly involved in transporting data to the appropriate facility when necessary to
provide copies. In addition, “actual cost” with respect to requests by the data subject also
includes City staff time spent making, certifying and compiling the copies. For requests by
anyone other than the data subject, the “actual cost” also includes City staff time spent retrieving
the data to be copied, sorting and labeling the documents (if this is necessary to identify what is
to be copied), removing staples or paper clips, taking documents to the copier for copying as well
as making, certifying, and compiling the copies. Labor costs are never charged for separating
public from not public data.
Exhibit 3
CONSENT TO RELEASE PRIVATE DATA
I, _______________________, authorize the City of ______________("City") to
(print name)
release the following private data about me:
to the following person or people:
The person or people receiving the private data may use it only for the following purpose or
purposes:
This authorization is dated and expires on .
The expiration cannot exceed one year from the date of the authorization, except in the case of authorizations given in
connection with applications for life insurance or noncancellable or guaranteed renewable health insurance and identified as such,
two years after the date of the policy. I understand that my records are protected under state privacy regulations and cannot
be disclosed without my consent unless otherwise provided for by law. I also understand that I may cancel this consent at
any time prior to the information being released and that in any event this consent expires automatically one year after
signing. By signing this document, I give my full and voluntary consent to the City to release the above-listed data to the
persons identified in this release, and I waive any and all claims against the City for the disclosure of private data about
me in accordance with this document.
I agree to give up and waive all claims that I might have against the City, its agents
and employees for releasing data pursuant to this request.
Signature
IDENTITY VERIFIED BY:
Witness: x
Identification: Driver's License, State ID, Passport, other:
Comparison with signature on file
Other:
Responsible Authority/Designee: __________________
Exhibit 4
CITY OF ROSEMOUNT
INFORMATION DISCLOSURE REQUEST
Minnesota Government Data Practices Act
A. A. Completed by Requester
You are not legally obligated to provide your contact information, unless requesting
private data on yourself. However, if data needs to be sent to you or you need to be contacted, it
is necessary to provide as much information as needed to complete this task.
REQUESTER NAME (Last, First, M.):
DATE OF REQUEST:
STREET ADDRESS:
PHONE NUMBER:
CITY, STATE, ZIP CODE:
SIGNATURE:
DESCRIPTION OF THE INFORMATION REQUESTED:
B. Completed by Department
DEPARTMENT NAME:
HANDLED BY:
INFORMATION CLASSIFIED AS:
PUBLIC NON-PUBLIC
PRIVATE PROTECTED NON-PUBLIC
CONFIDENTIAL
ACTION:
APPROVED
APPROVED IN PART (Explain below)
DENIED (Explain below)
REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION:
PHOTOCOPYING CHARGES:
NONE
_______ Pages x ___¢ = _______
Pages x ___¢ = _______
Special Rate: _______ (attach explanation)
IDENTITY VERIFIED FOR PRIVATE INFORMATION:
IDENTIFICATION: DRIVER'S LICENSE,
STATE ID, Etc.
COMPARISON WITH SIGNATURE ON FILE
PERSONAL KNOWLEDGE
OTHER: ______________________________
AUTHORIZED SIGNATURE:
Exhibit 5
GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT
1. AUTHORIZATION. City of Rosemount ("City") hereby authorizes _______________,
("Authorized Party") access to the following government data:
2. PURPOSE. Access to this government data is limited to the objective of creating summary
data for the following purpose:
3. COST. (Check which applies):
The Authorized Party is the person who requested the summary data and agrees to bear the
City's costs associated with the preparation of the data which has been determined to be
$__________.
The Authorized Party has been requested by the City to prepare summary data and will be paid
in accordance with attached Exhibit A [Exhibit A to be attached at time agreement is signed.]
4. SECURITY. The Authorized Party agrees that it and any employees or agents under its
control must protect the privacy interests of individual data subjects in accordance with the terms of
this Agreement.
The Authorized Party agrees to remove all unique personal identifiers which could be used to
identify any individual from data classified by state or federal law as not public which is obtained
from City records and incorporated into reports, summaries, compilations, articles, or any document
or series of documents.
Data contained in files, records, microfilm, or other storage media maintained by the City are the
City's property and are not to leave the City's custody. The Authorized Party agrees not to make
reproductions of any data or remove any data from the site where it is provided, if the data can in
any way identify an individual.
No data which is not public and which is irrelevant to the purpose stated above will ever be
disclosed or communicated to anyone by any means.
The Authorized Party warrants that the following named individual(s) will be the only person(s) to
participate in the collection of the data described above:
5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or
disclosure of government data collected, used and maintained in the exercise of this Agreement and
classified as not public under state or federal law. The Authorized Party understands that it may be
subject to civil or criminal penalties under those laws.
The Authorized Party agrees to defend, indemnify, and hold the City, its officers and employees
harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable
attorneys' fees, resulting directly or indirectly from an act or omission of the Authorized Party, its
agents, employees or assignees under this Agreement and against all loss by reason of the
Authorized Party's failure to fully perform in any respect all obligations under this Agreement.
6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at
all times during the term of this Agreement to maintain insurance covering the Authorized Party's
activities under this Agreement. The insurance will cover $1,000,000 per claimant for personal
injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification
obligation specified above.
7. ACCESS PERIOD. The Authorized Party may have access to the information described
above from ____________________ to ______________________.
8. SURVEY RESULTS. (Check which applies):
If the Authorized Party is the requester, a copy of all reports, summaries, compilations,
articles, publications or any document or series of documents which are created from the
information provided under this Agreement must be made available to the City in its entirety.
If the Authorized Party is a contractor of the City, all copies of reports, summaries,
compilations, articles, publications or any document or series of documents which are created from
the information provided under this Agreement must be provided to the City. The Authorized Party
may retain one copy for its own records but may not disclose it without City permission, except in
defense of claims brought against it.
ACCESS AND NONDISCLOSURE AGREEMENT PAGE THREE
AUTHORIZED PARTY:
By:
Title (if applicable):
REQUESTOR OF SUMMARY DATA:
By:
Title (if applicable):
CITY OF ROSEMOUNT
By:
Its:
Date:
Date:
Date:
Exhibit 6
NOTICE TO PERSONS UNDER AGE OF 18
Some of the information you are asked to provide is classified as private under state law. You have
the right to request that some or all of the information not be given to one or both of your
parents/legal guardians. Please complete the form below if you wish to have information withheld.
Your request does not automatically mean that the information will be withheld. State law requires
the City to determine if honoring the request would be in your best interest. The City is required to
consider:
• Whether you are of sufficient age and maturity to explain the reasons and understand the
consequences,
• Whether denying access may protect you from physical or emotional harm,
• Whether there is reasonable grounds to support your reasons, and
• Whether the data concerns medical, dental, or other health services provided under
Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if
failure to inform the parent would seriously jeopardize your health.
NOTICE GIVEN TO:
By:
(name)
DATE:
(title)
REQUEST TO WITHHOLD INFORMATION
I request that the following information:
Be withheld from:
For these reasons:
Date: Print Name: Signature:
Exhibit 7
DATA PRACTICES ADVISORY
TENNESSEN WARNING
Some or all of the information that you are asked to provide on the attached form is classified by
state law as either private or confidential. Private data is information which generally cannot be
given to the public but can be given to the subject of the data. Confidential data is information
which generally cannot be given to either the public or the subject of the data.
Our purpose and intended use of this information is:
.
You are / are not legally required to provide this information.
If you refuse to supply the information, the following may happen:
.
Other persons or entities who are authorized by law to receive this information are:
.
Exhibit 8
SAMPLE CONTRACT PROVISION
Data Practices Compliance. Contractor will have access to data collected or maintained by the
City to the extent necessary to perform Contractor’s obligation under this contract. Contractor
acknowledges that, pursuant to Minnesota Statutes Section 13.05, subdivision 11, all of the data
created, collected, received, stored, used, maintained or disseminated by Contract in performing
the contract are subject to the requirements of the Minnesota Government Data Practices Act (the
Act), Minnesota Statutes Chapter 13. Contractor is required to comply with the requirements of
the Act as if it were a government entity. Contractor acknowledges that the remedies provided in
Minnesota Statutes Section 13.08 apply to Contractor with respect to such data. Contractor will
notify the City of all requests for data that Contractor receives. Contractor agrees to defend and
indemnify the City from any claim, liability, or damage that results from Contractor’s violation
of the Act or this section of the contract. Upon termination of this contract, Contractor agrees to
return data to the City as requested by the City. The obligations of this section of the contract,
including the obligation to defend and indemnify the City, shall survive the termination of this
Contract and shall continue so long as the data exists.
Data Practices Compliance. Contractor will have access to data collected or maintained by the City
to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to
maintain all data obtained from the City in the same manner as the City is required under the
Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). Contractor will not
release or disclose the contents of data classified as not public to any person except at the written
direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability,
damage or loss asserted against the City as a result of Contractor's failure to comply with the
requirements of the Act or this contract. Upon termination of this contract, Contractor agrees to
return data to the City, as requested by the City.
Exhibit 9
CONSENT TO RELEASE COPYRIGHTED DATA
I, _____________________________, certify that I have the authority to authorize the City of
Rosemount to release the following copyrighted data of which I am the copyright holder:
________________________________________________________________
______________________________________________________________________
To the following person or people:__________________________________________
______________________________________________________________________
The person or people receiving the copyrighted data may use it only for the following purpose or
purposes:_____________________________________________________
This authorization is dated _________________ and expires on __________________.
*The expiration cannot exceed one year from the date of the authorization. I, the undersigned, agree to give up and waive all claims that I might have against the City, its
agents and employees for releasing data pursuant to this request.
______________________________________________________________________
Printed Name Title
______________________________________________________________________
Complete Address Phone
______________________________ _______________________________________
Notarized Signature Date
STATE OF MINNESOTA )
) ss.
COUNTY OF___________________ )
On this ______ day of _________________, 20_____, before me, a Notary Public within and for
said County, personally appeared ____________________________________, known to me to
be the person described in and who executed the foregoing instrument and acknowledged that
they executed the same as their free act and deed.
_________________________________________
Notary Public
My Commission Expires On: ________________
Exhibit 10
City of Rosemount
Tennessen Warning Form
Job Applicants
It is the City of Rosemount’s responsibility to inform potential employees of their privacy rights.
Please carefully read the Tennessen Warning provided below. Sign and date the form and return it
with your application. Your signature indicates that you have received information regarding your
rights as they pertain to the Minnesota Government Data Practices Act.
In accordance with the Minnesota Government Data Practices Act, the City of Rosemount is
required to inform you of your rights as they relate to the private information collected from
you. Private data is information that is available to you, but not to the public; the personal
information we collect about you is private. Minnesota Statutes Sections 13.04 and 13.43 are
two sections that govern what affects you as an applicant for employment at the City of
Rosemount. All data collected is considered private except for the following:
1. Your Veteran’s Status
2. Relevant test scores
3. Your job history
4. Your education and training
5. Your work availability
Your name is considered to be private information; however, if you are selected to be
interviewed as a finalist, your name becomes public information.
The data supplied by you may be used for such other purposes as may be determined to be
necessary in the administration of personnel policies, rules, and regulations of the City of
Rosemount Furnishing social security numbers is voluntary for applicants to the City of
Rosemount, but refusal to supply other requested information would mean that your
application for employment might not be considered.
Private data is available only to you, appropriate city employees, and others as provided by
state and federal laws who have a bona fide need for the data. Public data is available to
anyone requesting it and consists of all data furnished in the application for employment that
is not designated in this notices as private data.
The information you give about yourself is needed to identify you and to assist the City of
Rosemount in determining your suitability for the position for which you are applying.
I have read and understand the information given above regarding the Minnesota Data
Practices Act.
____________________________________________ ________________
Applicant Signature Date
Exhibit 11
BUILDING PERMIT/PLANS ADVISORY
You may be required to submit building plans with your building permit application so that the
City of Rosemount can determine whether or not your building permit application should be
approved. If you do not submit plans when they are required, your building permit will not be
approved. The Minnesota Government Data Practices Act establishes a presumption that all
government data are public and are accessible by the public for both inspection and copying
unless there is a federal law, a state statute, or a temporary classification of data that provides
that certain data are not public. Minnesota Statutes Section 13.01 defines government data as
being all data collected, created, received, maintained, or disseminated by the City.
The Government Data Practices Act allows building plans to be classified as non-public ONLY
if they contain the following information:
Security information defined by Minnesota Statutes Section 13.37 as being “government data
the disclosure of which would be likely to substantially jeopardize the security of
information, possessions, individuals or property against theft, tampering, improper use,
attempted escape, illegal disclosure, trespass, or physical injury.”
AND / OR
Trade Secret information defined by Minnesota Statutes Section 13.37 as being “government
data, including a formula, pattern, compilation, program, device, method, technique or
process (1) that was supplied by the affected individual or organization, (2) that is the subject
of efforts by the individual or organization that are reasonable under the circumstances to
maintain its secrecy, and (3) that derives independent economic value, actual or potential,
from not being generally known to, and not being readily ascertainable by proper means by,
other persons who can obtain economic value from its disclosure or use.”
Building plans submitted to the City are generally public information and will be presumed to be
available for copying and release to the public. If you hold a copyright to the plans and do not
want them copied for the public, then you will need to indicate as such below. Also, if you
believe that your building plans qualify for the classification of nonpublic data you must provide
documentation verifying your claim. The responsible authority for the City of Rosemount will
determine whether or not the plans qualify for nonpublic data classification within 10 business
days of the request.
Building plans and related documents submitted to the City are presumed to be public and by
submitting them and signing this document you are expressly giving permission to the City to
make copies for the City’s use and to make available to the public upon request unless you
indicate otherwise as follows:
_______ The building plans I have submitted contain SECURITY INFORMATION as
defined by Minnesota Statutes Section 13.37, subdivision 1 (a) and are to be treated as
protected nonpublic data. I understand I must provide an explanation (below) to support my
claim that the information I am providing constitutes security information under law.
_______ The building plans I have submitted contain TRADE SECRET INFORMATION
as defined by Minnesota Statutes Section 13.37, subdivision 1 (b) and are to be treated as
protected nonpublic data. I understand I must provide an explanation (below) to support my
claim that the information I am providing constitutes trade secret information under law.
_______ The building plans I have submitted are COPYRIGHTED under and protected
by the Federal Copyright Act and I do not give permission for them to be copied for release
to the public. However, I understand the plans are considered public information under
Minnesota law and may be viewed by the public.
Explanation:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________
Name of Applicant (Please Print) Date
_______________________________________ ___________________________ __
Signature of Applicant Property address
_________________________________________ _____________________________ _
Contact Address Contact phone _______________
E-mail address
APPENDIX A
PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY CITY
The list of data types is divided into the following categories: General; Administration;
Community Development; Personnel; and Public Safety. The categories are provided only
for convenience in locating types of data; inclusion in any particular category is not
intended to indicate an exclusive location for that data type. (E.g., data listed under
Personnel may be physically located in more than one City department.)
GENERAL
City Attorney Records
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.393
DESCRIPTION OF DATA: The use, collection, storage, and dissemination of data by the city
attorney is governed by statutes, rules, and professional standards concerning discovery,
production of documents, introduction of evidence, and professional responsibility. Data which
is the subject of attorney-client privilege is confidential. Data which is the subject of the "work
product" privilege is confidential.
Civil Investigative Data
CLASSIFICATION(S): Confidential / Protected Nonpublic/ Not public / Public
GOVERNING STATUTE: Minn. Stat. § 13.39
DESCRIPTION OF DATA: Data collected as part of an active investigation undertaken to
commence or defend pending civil litigation, or which are retained in anticipation of pending
civil litigation.
Community Dispute Resolution Center Data
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.88
DESCRIPTION OF DATA: Data relating to a case in a community dispute resolution program.
Elected Officials Correspondence
CLASSIFICATION(S): Private / Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 2
DESCRIPTION OF DATA: Correspondence between individuals and elected officials.
Emergency Services for Homeless Persons
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.587
DESCRIPTION OF DATA: Data that identifies any individual receiving emergency services for
homeless persons from the city under a grant from a state agency.
Identity of Employees Making Complaints
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 181.932, subd. 2; 13.7905, subd. 5(b)
DESCRIPTION OF DATA: The identity of an individual who reports to any governmental body
or law enforcement official a violation or suspected violation by the individual’s employer of any
federal or state law or rule.
Internal Auditing Data
CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.392
DESCRIPTION OF DATA: Data, notes, and preliminary drafts of reports created, collected and
maintained by the internal audit offices of the city or by person performing audits for the city and
relating to an audit or investigation; data on an individual supplying information for an audit or
investigation, under specified circumstances.
Internal Competitive Proposal
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: A proposal to provide government services that is prepared by the
staff of a political subdivision in competition with proposals solicited by the political subdivision
from the private sector.
Sealed Bids
CLASSIFICATION(S): Private / Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Sealed bids, including the number of bids received, prior to
opening.
Security Information
CLASSIFICATION(S): Private / Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Data which if disclosed would be likely to substantially jeopardize
the security of information possessions, individuals or property against theft, tampering,
improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes
crime prevention block maps and lists of volunteers who participate in community crime
prevention programs and their home addresses and telephone numbers, but these may be
disseminated to other volunteers participating in crime prevention programs.
Social Security Numbers
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.49
DESCRIPTION OF DATA: Social security numbers of individuals
Trade Secret Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Data, including a formula, pattern, compilation, program, device,
method, technique or process (1) that was supplied by the affected individual or organization, (2)
that is the subject of efforts by the individual or organization that are reasonable under the
circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or
potential, from not being generally known to, and not being readily ascertainable by proper
means by, other persons who can obtain economic value from its disclosure or use.
ADMINISTRATION
Absentee Ballots
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Sealed absentee ballots before opening by an election judge.
Assessor's Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.51
DESCRIPTION OF DATA: Data on sales sheets from private multiple listing service
organizations; income information on individuals used to determine eligibility of property for
classification 4d under Minn. Stat. § 273.13, Subd. 25(c); and specified data regarding income
properties.
Deferred Assessment Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.52
DESCRIPTION OF DATA: Data collected pursuant to Minn. Stat. § 435.193, which indicates
the amount or location of cash or other valuables kept in the homes of applicants for deferred
assessment.
Federal Contracts Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.35
DESCRIPTION OF DATA: Data on individuals collected and maintained by the City because it
contracts with a federal agency, where the federal agency requires that the data be maintained as
private data or nonpublic data as a condition of the contract.
Homestead Applications
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.4965, subd. 3; 273.124, subd. 13
DESCRIPTION OF DATA: Social security numbers, affidavits or other proofs of entitlement to
homestead status that are submitted by property owners or their spouses. The data may be
disclosed to the Commissioner of Revenue or, under limited circumstances, the county treasurer.
Library and Historical Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.40
DESCRIPTION OF DATA: Data that links a library patron’s name with materials requested or
borrowed or with a specific subject about which the patron has requested information; data in
applications for borrower cards, other than the name of the borrower; data contributed to a
historical records repository operated by the city, if the data was contributed under an agreement
that restricts access or if access would significantly endanger the physical or organizational
integrity of the data.
Lodging Tax Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.495
DESCRIPTION OF DATA: Data, other than basic taxpayer identification data, collected from
taxpayers under a lodging tax ordinance.
Municipal Bonds Register Data
CLASSIFICATION(S): Private / Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 12 and 475.55, subd. 6
DESCRIPTION OF DATA: Data with respect to the ownership of municipal obligations.
Municipal Electric Utility Customer Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.685
DESCRIPTION OF DATA: Data on customers of municipal electric utilities.
Municipal Self-insurer Claims
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 9(a) and 471.617, subd. 5
DESCRIPTION OF DATA: Data about individual claims or total claims made by an individual
under a self-insured health benefit plan of a municipality.
Parking Space Leasing Data
CLASSIFICATION(S): Private / Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: The following data on an applicant for or lessee of a parking space:
residence address, home telephone number, beginning and ending work hours, place of
employment, work telephone number and location of parking space.
Registered Voter Lists
CLASSIFICATION(S): Confidential/Public
GOVERNING STATUTE: Minn. Stat. § 13.607, subd. 6; 201.091
DESCRIPTION OF DATA: Information contained in the master list of registered voters.
Security Service Data
CLASSIFICATION(S): Nonpublic/Private/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.861, 13.37 and 13.82, subd. 2.
DESCRIPTION OF DATA: Data collected, created, or maintained by a security service for the
purpose of providing security services to a political subdivision.
Social Recreational Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.548
DESCRIPTION OF DATA: For people enrolling in recreational or other social programs: name,
address, telephone number, any other data that identifies the individual, and any data which
describes the health or medical condition of the individual, family relationships, living
arrangements, and opinions as to the emotional makeup or behavior of an individual.
Solid Waste Collector Customer Lists
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.7411, subd. 4 (c) and 115A.93, subd. 5
DESCRIPTION OF DATA: Customer lists provided to the city by solid waste collectors.
Transportation Service Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.72, subd. 10
DESCRIPTION OF DATA: Personal, medical, financial, familial or locational information,
except name, of applicants or users of transportation services for the disabled or elderly.
COMMUNITY DEVELOPMENT
Appraisal Data
CLASSIFICATION(S): Confidential / Protected Nonpublic / Public
GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 3
DESCRIPTION OF DATA: Appraisals made for the purpose of selling or acquiring land
through purchase or condemnation
Award Data
CLASSIFICATION(S): Private / Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.48
DESCRIPTION OF DATA: Financial data on business entities submitted to the City for the
purpose of presenting awards to business entities for achievements in business development or
performance.
Benefit Data
CLASSIFICATION(S): Private / Public
GOVERNING STATUTE: Minn. Stat. § 13.462
DESCRIPTION OF DATA: Data on individuals collected or created because an individual
seeks information about becoming, is, or was an applicant or recipient of benefits or services
provided under any housing, home ownership, rehabilitation and community action agency,
Head Start, or food assistance programs administered by the City.
Convention Center Data
CLASSIFICATION(S): Private / Nonpublic / Public
GOVERNING STATUTE: Minn. Stat. § 13.55
DESCRIPTION OF DATA: Letter or documentation from any person who makes inquiry to or
who is contacted by the convention facility regarding availability of the facility; identity of firms
and corporations that contact the facility; type of event that the contacting person wants to stage
in the facility; suggested terms of rentals and responses of staff to such inquiries; names,
addresses and contact persons for individual exhibitors if the facility determines that privacy is
necessary to protect the competitive position of the facility or its customers.
Housing Agency Data
CLASSIFICATION(S): Confidential / Private / Protected Nonpublic / Nonpublic / Public
GOVERNING STATUTE: Minn. Stat. § 13.585
DESCRIPTION OF DATA: Correspondence between the agency and agency’s attorney
containing data collected as part of an active investigation undertaken for the purpose of the
commencement or defense of potential or actual litigation; income information on individuals
collected and maintained to determine property tax classification eligibility.
Property Complaint Data
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 1
DESCRIPTION OF DATA: Data that identifies individuals who register complaints concerning
violations of state laws or local ordinances concerning the use of real property.
Redevelopment Data
CLASSIFICATION(S): Private / Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.59
DESCRIPTION OF DATA: Names and addresses of individuals and businesses and the legal
descriptions of property owned by individuals and businesses, when collected in surveys of
individuals conducted by the City or Housing and Redevelopment Authority for the purposes of
planning, development, and redevelopment.
PERSONNEL
Employee Drug and Alcohol Tests
CLASSIFICATION(S): Confidential / Private
GOVERNING STATUTE: Minn. Stat. §§ 13.7905, subd. 5(c) and 181.954, subds. 2 and 3
DESCRIPTION OF DATA: Results of employee drug and alcohol tests.
Employment and Training Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.47
DESCRIPTION OF DATA: Data on individuals collected, maintained, used, or disseminated
because an individual applies for, is currently enrolled in, or has been enrolled in employment
and training programs funded with federal, state or local resources.
Examination Data
CLASSIFICATION(S): Private / Confidential
GOVERNING STATUTE: Minn. Stat. § 13.34
DESCRIPTION OF DATA: Completed versions of personnel and licensing examinations
Human Rights Data
CLASSIFICATION(S): Confidential / Private / Protected Nonpublic / Public
GOVERNING STATUTE: Minn. Stat. § 13.552; Minn. Stat. § 363.06 and 363.061
DESCRIPTION OF DATA: Data maintained by the human rights department of the city,
including: investigative data in an open case file; the name and address of the charging party or
respondent, factual basis of the allegations, and statute or ordinance under which the charge is
brought; investigative data in a closed case file.
Labor Relations Information
CLASSIFICATION(S): Private / Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Management positions on economic and non-economic items that
have not been presented during the collective bargaining process or interest arbitration, including
information collected or create to prepare the management position.
Personnel and Employment Data
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43.
DESCRIPTION OF DATA: Data on individuals collected because the individual is or was an
employee of or an applicant for employment by, performs services on a voluntary basis for, or
acts as an independent contractor with a state agency, statewide system or political subdivision
or is a member of or an applicant for an advisory board or commission.
Salary Benefit Survey Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.435
DESCRIPTION OF DATA: Salary and personnel benefit survey data purchased from consulting
firms, nonprofit corporations or associations or obtained from employers with the written
understanding that the data shall not be made public.
PUBLIC SAFETY
911 Emergency Telephone Service
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 6 and 403.07, subds. 3 and 4
DESCRIPTION OF DATA: Names, addresses and telephone numbers provided to a 911 system.
Arson Investigation
CLASSIFICATION(S): Confidential / Public
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 26 and 299F.055 and 299F.056
DESCRIPTION OF DATA: Information relating to a fire loss or potential fire loss and obtained
pursuant to Minn. Stat. § 299C.052 to 299C.057.
Child Abuse Report Records
CLASSIFICATION(S): Confidential / Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (b), 13.82, subds. 8 and 9 and 626.556
DESCRIPTION OF DATA: Reports made pursuant to Minn. Stat. § 626.556, subd. 3 of possible
incidents of child abuse or neglect; identities of individuals making such reports.
Corrections and Detention Data
CLASSIFICATION(S): Confidential / Private / Public
GOVERNING STATUTE: Minn. Stat. § 13.85
DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained by a
municipal correctional or detention facility, the release of which would disclose medical,
psychological, financial or personal information not related to the individual’s detainment or
which would endanger an individual’s life; detention data, the release of which would endanger
an individual’s life, endanger the effectiveness of an investigation, identify a confidential
informant, or clearly endanger the security of any institution or its population.
Crime Victim Notice of Release
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5 (a) and 611A.06
DESCRIPTION OF DATA: All identifying information regarding a crime victim, including a
victim’s request for notice of release and a notice of release made pursuant to Minn. Stat. §
611A.06.
Criminal Gang Investigative Data System
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 14 and 299C.091
DESCRIPTION OF DATA: Data maintained to document an entry into the criminal gang
information system, and data in the criminal gang information system.
Criminal History Data
CLASSIFICATION(S): Private / Public
GOVERNING STATUTE: Minn. Stat. § 13.87
DESCRIPTION OF DATA: Data maintained in criminal history records compiled by the bureau
of criminal apprehension and disseminated through the criminal justice information system.
Data on Videotape Consumers
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 325I.02, subd. 2; 13.487, subd. 3
DESCRIPTION OF DATA: Personally identifiable information concerning a videotape
consumer that a law enforcement agency obtains in connection with an action commenced by the
videotape seller or provider to collect fines for overdue or unreturned videotapes or collection for
unpaid videotapes.
Detention Data
CLASSIFICATION(S): Private / Confidential / Public
GOVERNING STATUTE: Minn. Stat. § 13.85; Minn. Stat. § 13.86
DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained because
of their lawful confinement or detainment in a correctional or detention facility, including a
municipal jail or lockup.
Diversion Program Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 18 and 299C.46, subd. 5
DESCRIPTION OF DATA: Names and identifying data concerning diversion program
participants that is maintained in the criminal justice information system.
Domestic Abuse Data
CLASSIFICATION(S): Confidential / Public
GOVERNING STATUTE: Minn. Stat. § 13.80
DESCRIPTION OF DATA: Data on individuals collected, created, received or maintained by
police departments pursuant to the domestic abuse act.
Firearms Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.87, subd. 2
DESCRIPTION OF DATA: Data about the purchase or transfer of firearms and applications for
permits to carry firearms.
Hazardous Substance Emergency
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 27, 299F.095 and 299F.096, subd. 1
DESCRIPTION OF DATA: Information contained in hazardous materials notification reports
made pursuant to Minn. Stat. §§ 299F.091 to 299F.099.
Health Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.3805, subd. 1
DESCRIPTION OF DATA: Data on individuals created, collected, received or maintained by
the city relating to the identification, description, prevention, and control of disease or as part of
an epidemiologic investigation designated by the commissioner of health as necessary to
analyze, describe or protect the public health.
Investigative Detention Data
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.86
DESCRIPTION OF DATA: Data created, collected, used or maintained by a municipal
correctional or detention facility that, if revealed, would identify an informant who provided
information about suspected illegal activities and is likely to subject the informant to physical
reprisals by others.
Law Enforcement Data
CLASSIFICATION(S): Private / Confidential / Public
GOVERNING STATUTE: Minn. Stat. § 13.82
DESCRIPTION OF DATA: Audio recording of a call placed to a 911 system; investigative data
collected or created by a law enforcement agency in order to prepare a case against a person for
the commission of a crime or other offense for which the agency has primary investigative
responsibility; photographs that are part of inactive investigative files and that are clearly
offensive to common sensibilities; data that identifies a victim or reporter of child abuse or
neglect or vulnerable adult maltreatment; investigative data that becomes inactive due to a
decision not to pursue charges or expiration of the time to bring charges and that relates to
alleged abuse or neglect of a child by a person responsible for the child’s care; investigative data
that becomes inactive due to a decision not to pursue charges or the expiration of time to bring
charges and that relates to the alleged maltreatment of a vulnerable adult by a caregiver or
facility; data on court records relating to certain name changes; identity of undercover law
enforcement officers; identities of other specified persons; data in arrest warrant indices; unique
descriptions of stolen, lost, confiscated, or recovered property; financial records of a program
that pays rewards to informants; data on registered criminal offenders; data in missing children
bulletins; data that reflect deliberative processes or investigative techniques of law enforcement
agencies; data that would reveal the identity of persons who are customers of a licensed
pawnbroker or secondhand goods dealer.
Peace Officer Discipline Procedures
CLASSIFICATION(S): Confidential / Private / Public
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6(p), 626.89, subd. 6 and 13.43
DESCRIPTION OF DATA: Investigative report made by a law enforcement agency in
connection with a peace officer disciplinary matter; identities of confidential informants in such
matters; identities of witnesses expected to testify in disciplinary hearings.
Peace Officer Records on Juveniles
CLASSIFICATIONS(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.875, subd. 2; Minn. Stat. § 260B.171, subd. 5.
DESCRIPTION OF DATA: Peace officers' records of children who are or may be delinquent or
who may be engaged in criminal acts.
Reports of Gunshot Wounds
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (a) and 626.53
DESCRIPTION OF DATA: A report made by a health professional concerning a wound or
injury arising from or caused by discharge of a firearm or inflicted by the perpetrator of a crime
using a dangerous weapon other than a firearm.
Sex Offender HIV Tests
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5(b) and 611A.19, subd. 2
DESCRIPTION OF DATA: Results of HIV tests of sex offenders must be handled in accordance
with Minn. Stat. § 611A.19.
Sexual Assault Crime Victims
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 3(e) and 609.3471
DESCRIPTION OF DATA: Data that identifies a victim who is a minor, in records or reports
relating to petitions, complaints or indictments made for criminal sexual conduct in the first,
second, third or fourth degrees.
Undercover Buy Fund
CLASSIFICATION(S): Confidential / Private / Public
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 13 and 299C.065, subd. 4
DESCRIPTION OF DATA: An application to the commissioner of public safety for a grant
pursuant to Minn. Stat. § 299C.065; information within investigative files that identifies or could
reasonably be used to ascertain the identity of assisted witnesses, sources, or undercover
investigators; information in a report at the conclusion of an investigation pertaining to the
identity or location of an assisted witness.
Use of Motor Vehicle to Patronize Prostitutes
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 3 (c) and 609.324, subd. 5
DESCRIPTION OF DATA: Notation in a driving record that the driver has used a motor vehicle
to patronize prostitutes.
Videotapes of Child Abuse Victims
CLASSIFICATION(S): Private / Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.821 and 611A.90
DESCRIPTION OF DATA: Videotapes in which a child victim or alleged victim is alleging,
explaining, denying, or describing an act of physical or sexual abuse.
Vulnerable Adult Report Records
CLASSIFICATION(S): Private/confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (l) and 626.557, subd. 12(b).
DESCRIPTION OF DATA: Reports made pursuant to Minn. Stat. § 626.557 of possible
incidents of maltreatment of vulnerable adults; identities of individuals making such reports.
RECORD OF ANNUAL REVIEW
DATA PRACTICES PUBLIC DOCUMENT
Under the Minnesota Government Data Practices Act, I, as the responsible authority for the City of
Rosemount, am required to annually review the City's public document to update the document and
ensure its accuracy. The following records the date on which I have done so.
DATE COMPLETED SIGNATURE