City of Maplewood - Data Request Policies and Procedures for Data Subjects

8/13/2019 City of Maplewood - Data Request Policies and Procedures for Data Subjects

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City ofMaplewoodata Request Policies and Proceduresfor ata Subjects

August 2 13


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Table of Contents

Data about You 1Classification of Data about You 1Your Rights under the Data Practices Act 1How to Make a Request for Your Data 2How We Respond to a Data Request 3Data Practices Contacts 4Copy Costs Data Subjects 5Data Request Form Data Subjects 6Standards for Verifying Your Identity 7Appendix 1: Public Document of Private and Confidential Data on Individuals 8


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DATA ACCESS POLICY OR DATA SUBJECTSData about YouThe Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certainrights related to a government entity collecting, creating, and keeping government data aboutthem. You are the subject of data when you can be identified from the data. Government data is aterm that means all recorded information a government entity has, including paper, email, CD-ROMs, photographs, etc.Classification of Data about YouThe Data Practices Act presumes that all government data are public unless a state or federal lawsays that the data are not public. Data about you are classified by state law as public, private, orconfidential. See below for some examples.Public data: We must give public data to anyone who asks; it does not matter who is asking forthe data or why. The following is an example of public data about you that the City ofMaplewood may keep: salary range; an employee s actual gross salary; an applicant s jobhistory; most permit/license application data; the name, age, sex and last known address of anyadult person cited, arrested or incarcerated; etc.Private data: We cannot give private data to the general public, but you have access when thedata are about you. The following is an example of private data about you: your Social Securitynumber; an employee home address; an employee medical data; absentee voter names before theclose of voting; an identity of a juvenile suspect or arrestee; etc. We can share your private datawith you; with someone who has your permission, with the City ofMaplewood staff who needthe data to do their work, and as permitted by law or court order.Confidential data: Confidential data have the most protection. Neither the public nor you can getaccess even when the confidential data are about you. The following is an example ofconfidential data about you: real property estimated or appraised values until negotiating partiesenter into an agreement for the purchase/sale of the property; an identity of an individual whoregisters a complaint concerning the use of real property; civil/criminal investigative data whilethe investigation is ongoing; etc. We can share confidential data about you with the City ofMaplewood staff who need the data to do their work and to others as permitted by law or courtorder. We cannot give you access to confidential data.For more information about data classified as private/confidential that the City ofMaplewoodcollects in the course of its regular duties, please refer to the attached document labeled PublicDocument ofPrivate and Confidential Data on Individuals on page 8Your Rights under the Data Practices ActThe city ofMaplewood must keep all government data in a way that makes it easy for you toaccess data about you. Also, we can collect and keep only those data about you that we need for

City of Maplewood Data Request Policies and Procedures for Data Subjects, August 2013


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administering and managing programs that are permitted by law. As a data subject, you have thefollowing rights:Your Access to Your Data: You have the right to look at inspect), free of charge, public andprivate data that we keep about you. You also have the right to get copies of public and privatedata about you. The Data Practices Act allows us to charge for copies. You have the right to lookat data, free of charge, before deciding to request copies.Also, if you ask, we will tell you whether we keep data about you and whether the data arepublic, private, or confidential.As a parent, you have the right to look at and get copies of public and private data about yourminor children under the age of 18). s a legally appointed guardian, you have the right to lookat and get copies of public and private data about an individual for whom you are appointedguardian.Minors have the right to ask the City of Maplewood not to give data about them to their parent orguardian. If you are a minor, we will tell you that you have this right. We may ask you to putyour request in writing and to include the reasons that we should deny your parents access to thedata. We will make the final decision about your request based on your best interest.When We Collect Data from You: When we ask you to provide data about yourself that are notpublic, we must give you a notice. The notice is sometimes called a Tennessen warning. Thenotice controls what we do with the data that we collect from you. Usually, we can use andrelease the data only in the ways described in the notice.We will ask for your written permission if we need to use or release private data about you in adifferent way, or if you ask us to release the data to another person. This permission is calledinformed consent. If you want us to release data to another person, you may use the consent formwe provide.When Your Data are Inaccurate and/or Incomplete: You have the right to challenge the accuracyand/or completeness of public and private data about you. You also have the right to appeal ourdecision. If you are a minor, your parent or guardian has the right to challenge data about you .How t Make a Request for Your ataTo look at data, or request copies of data that the City of Maplewood keeps about you, yourminor children, or an individual for whom you have been appointed legal guardian, make awritten request. Make your request for data to the appropriate individual listed in the DataPractices Contacts document on page 4. You may make your written request by mail, fax oremail, using the data request form on page 6.If you choose not to use the data request form, your written request should include:



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that you are making a request, under the Data Practices Act (Minnesota Statutes, Chapter 13),as a data subject, for data about you; whether you would like to inspect the data, have copies of the data, or both; a clear description of the data you would like to inspect or have copied; and identifying information that proves you are the data subject, or data subject sparent/guardian.The City of Maplewood requires proofof your identity before we can respond to your request fordata. If you are requesting data about your minor child, you must show proof that you are theminor s parent. If you are a guardian, you must show legal documentation of your guardianship.Please see the Standards for Verifying Identity document located on page 7ow We Respond t a ata Request

Once you make your written request, we will work to process your request. If it is not clear whatdata you are requesting, we will ask you for clarification. If we do not have the data, we will notify you in writing within 10 business days. Ifwe have the data, but the data are confidential or private data that are not about you, wewill notify you in writing within 10 business days and state which specific law says you

cannot access the data. Ifwe have the data, and the data are public or private data about you, we will respond to yourrequest within 10 business days, by doing one of the following:o arrange a date, time, and place to inspect data, for free, if your request is to look at thedata, oro provide you with copies of the data within 10 business days. You may choose to pickup your copies, or we will mail or fax them to you . We will provide electronic copies(such as email or CD-ROM) upon request ifwe keep the data in electronic format.Information about copy charges are on page 5.After we have provided you with access to data about you, we do not have to show you the dataagain for 6 months unless there is a dispute or we collect or create new data about you.If you do not understand some of the data (technical terminology, abbreviations, or acronyms),please let us know. We will give you an explanation if you ask.The Data Practices Act does not require us to create or collect new data in response to a datarequest ifwe do not already have the data, or to provide data in a specific form or arrangement ifwe do not keep the data in that form or arrangement. (For example, if the data you request are onpaper only, we are not required to create electronic documents to respond to your request.) Ifweagree to create data in response to your request, we will work with you on the details of yourrequest, including cost and response time.In addition, we are not required under the Data Practices Act to respond to questions that are notrequests for data.

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Data Practices ontacts for the ity o MaplewoodThe City ofMaplewood has appointed the following posi tion to administer this system.

Responsible Authority and Compliance Official :Karen GuilfoileCity Clerk/Director ofCitizen ServicesCity ofMaplewood1830 County Road B EastMaplewood, MN 55109651) 249-2002 Phone651) 249-2009 Fax

[email protected]

Positions appointed as designees in system administration are as follows:Law Enforcement Data Designee: Personnel Data Designee:Paul SchnellPolice hiefCity ofMaplewood1830 County Road B EastMaplewood, MN 55109651) 249-2602 Phone651) 249-2699 Fax

paul.schnell@ci maplewood.mn. us

Terrie RameauxHuman Resources CoordinatorCity ofMaplewood1830 County Road B EastMaplewood, MN 55109651) 249-2054 Phone651) 249-2059 Fax

[email protected]

Other persons responsible for the maintenance and dissemination ofCity records are as apparentor assigned.



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Copy Costs - Data Subjects(If conflicts with the current City of Maplewood fee schedule exist, the current fee schedule shall prevail.)

The City of Maplewood charges data subjects for copies of government data. These charges areauthorized under Minnesota Statutes, section 13.04, subdivision 3.

The following rates shall apply for requests of standard materials from City Hall:STANDARD CHARGES*PhotocopiesReproduction of DVDsMailingOther services

25 cents 8.5 x 11 single-sided b/w page5.00 per disk

Current USPS fees or actual cost of CourierFees for other services can be found in the City ofMaplewood Fee Schedule which is available onrequest.

Applicable for all requests where I00 or fewer pages of black and white, letter or legal size paper copiesare requested. There will be no charge for requests that include less than 4 pages. In all othercircumstances, if a person requests copies or electronic transmittal of the data to the person, the City mayrequire the requesting person to pay the actual costs of searching for and retrieving government data,including the cost of employee time, and for making, certifying, compiling, and electronicallytransmitting the copies of the data or the data, however, the City may not charge for separating publicfrom non public data.Minn. Stat. 13.03 Subd. 3 c)

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Data Request Form- Data Subjects

Date of request:To request data as a data subject, you must show a valid state , such as a drivers license,military ID, or passport as proof of identity.

I am requesting access to data in the following way:

Inspection Copies D Both inspection and copiesThese are the data I am requesting:Note: Describe the data you are requesting as specifically as possible. If you need more space,please use the back of this form.

Contact Informationr u a s u ~ e c t n a m e

Parent/Guardian name (if applicableAddressPhone number Email addressSignature of Data Subject or Parent/GuardianStaffVerificationIdentification provided



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The City o Maplewood will respond to your request with 1 business daysStandards for Verifying Identity

The City of Maplewood requires any one of the following applicable documents be provided inorder to verify the data subject s identity: An adult individual must provide a valid photo ID, such aso a state driver s licenseo a military 1o a passporto a Minnesota IDo a Minnesota tribal ID A minor individual must provide a valid photo ID, such aso a state driver s licenseo a military 10o a passport

o a Minnesota IDo a Minnesota Tribal IDo a Minnesota school ID The parent or guardian o a minor must provide a valid photo I and eithero a certified copy of the minor s birth certificate oro a certified copy of documents that establish the parent or guardian s relationship tothe child, such as

;.> a court order relating to divorce, separation, custody, foster care> a foster care contract> an affidavit ofparentage

The legal guardian for an individual must provide a valid photo 10 and a certified copy ofappropriate documentation of formal or informal appointment as guardian, such aso court order(s)o valid power of attorney

Note: Individuals who do not exercise their data practices rights in person must provide eithertheir notarized or certified copies of the documents that are required or an affidavit ofiO


Documents

City of Maplewood - Data Request Policies and Procedures for Data Subjects