Minnesota Data Practices Procedures

The Minnesota Government Data Practices Act establishes a comprehensive system for compiling and distributing government data gathered by the City of Edina. All government data collected and maintained by the City of Edina is considered public unless otherwise classified by statute, temporary classification, or federal law as private or confidential with respect to data on individuals, or as non-public or protected non-public concerning data not on individuals.

Summary Of Edina Data Practices Procedures


This Data Practices Section is a simplified version the Minnesota Data Practices Act and its corresponding rules. It describes the procedures for requesting access to government data gathered by the City of Edina and the rights of data subjects. The City recognizes its obligation to provide comprehensive accessibility to historians, genealogists and other scholars to carry out their research. The City also acknowledges the need to remain open and accountable to the public in maintenance of its files and records while protecting the privacy rights of specific individuals and continuing the orderly and efficient operation of city government.

Responsible Authority


Edina's City Clerk has been designated by the City Council as the City's responsible authority under the Minnesota Government Data Practices Act. The responsible authority is accountable for the collection, use and dissemination of any set of data on individuals, government data or summary data, unless otherwise provided by state law. All further reference to the responsible authority in this section refers to the individual in the above named position. If a question exists regarding a request for access to government data, inquiries may be directed to the responsible authority.

Departmental Contacts


The following persons are officially designated by the Responsible Authority as “Designees” to be in charge of individual files or systems containing government data and to receive and comply with the requests for government data.

Scott Neal, MJ Lamon, Lisa Schaefer, Jane Timm, Jennifer Bennerotte, Kaylin Eidsness, Ryan Browning, Bob Wilson, Mitzi Wicklund, Chad Millner, Sharon Allison, Don Uram, Kyle Sawyer, Kelly Curtin, Sarah Carlson, Cassi McMayer, Terri Wilson, Tom Schmitz, Karen Bredesen, Ruth Schmoll, David Fischer, Judy Laufenburger, Jacki Onischuk, Ann Kattreh, Joe Abood, Janet Canton, Susan Faus, Patty McGrath, Tom Shirley, Amy Smith, Cary Teague, Jackie Hoogenakker, Cindy Larsen, Brian Olson, Marge Bergman, Dave Goergen, Dave Nelson, Lynne Olson, Jeff Brown, Solvei Wilmot, Chad Eischens, Nicole Gorman. 

City of Edina Departments may be reached through the website contact us page, by writing to the specific department at 4801 West 50th Street, Edina, MN 55424, or by phoning 952-927-8861.

Data Classifications And Access

Access by Data Classification    
  On Individuals Not on Individuals On Deceased
Anyone for any purpose Public Public Public
Subjects, designees, legally entitled and government employees (Need to know) Private Non-public Private
Government employees (Need to know) Confidential Protected Non-public Confidential

Public Data On Individuals And Public Data Not On Individuals


How to obtain data
Individuals may obtain public data by either calling, emailing or writing to the appropriate City departments or divisions. If any individual wishes to inspect certain public data, the City of Edina recommends that this be done between the normal business hours of 8 a.m. and 4 p.m., Monday through Friday. A written request (Public Data Request form) will be required where the request may require clarification or where it is not clear that the data is public.

Copying, certifying and compiling fees
If an individual desires to have certain public data copied, whether it is before or after inspection, the City of Edina will charge the individual reasonable costs for the following:
  • 100 pages or less, the charge is $.25 per side of a regular sized, black and white copy.
  • Copies of public government date that has commercial value and is a substantial or discreet portion of an entire formula, pattern, compilation, program, device, method, technique, process, data base or system developed with the significant expenditure of public funds by the City, the City shall charge a reasonable fee for the information along with the costs of making, certifying or compiling the copies. The City, upon the request of any person, shall provide sufficient documentation to explain and justify the fee being charged.
  • The Edina Police Department may charge a fee to commercial users who request access to response or incident data relating to accidents under Section 13.82 of the Minnesota Government Data Practices Act.
Response time
The City of Edina will attempt to respond to all requests for public data promptly. If the government data requested is classified as nonpublic, protected-nonpublic, private or confidential, the City of Edina will attempt to inform the individual orally at the time of the request, or in writing as soon thereafter as possible, citing the relevant statute or regulation that prohibits the City of Edina from releasing such classified government data.

Disputes
Any complaint or dispute with the processing of public data by the City of Edina should be directed, in writing, to the Responsible Authority or Data Practices Compliance Official.

Private Data On Individuals And Non-Public Data


How to obtain data
Private data on individuals and nonpublic data are data that, pursuant to State or Federal law, is not public and is accessible only to the individual subject of the data, if any. Access is also available to:
  • Employees of the City of Edina whose work assignments reasonably require access;
  • Other entities or agencies as determined by the responsible authority who are authorized by statute to gain access to that specific data; and
  • Entities or individuals who are given access by the express written direction of the subject of the data provided the Informed Consent to Release form is completed.
Individuals who seek access from the City of Edina to private data on individuals or nonpublic data may request such government data by completing a Classified Data Access Request. Download this form or request one from the department in custody of the information. The completed form and a Non-disclosure Agreement form should be sent to the appropriate department official.

Response time
If immediate compliance with the request is not possible when it is received, within ten (10) working days of the date of the request for the inspection of private or non-public data, the City of Edina will schedule a convenient time for the individual to visit the City of Edina so the individual may review such government data.

The City of Edina shall require reasonable identification from the individual who seeks review of private data on individuals or nonpublic data to make sure that the individual is, in fact, the subject of private data on individuals or nonpublic data.

After an individual has been shown private data and informed of its meaning, such data need not be disclosed to the individual for six months thereafter unless a dispute or action pursuant to Minnesota Statutes, Section 13.04, is pending or additional data on the individual has been collected or created.

Fee and charges

If an individual desires to have copies of certain private data on individuals or non-public data, the City of Edina will charge the individual the statutorily authorized fee.

Parental Access for Minors


Pursuant to Minnesota Statutes Section 13.02, subd. 8, and Minnesota Rules, part 1205.0500, the parents of a minor data subject have access to private data on individuals and non-public data concerning the minor, but minors from whom the City of Edina collects such government data are provided with a notification that the minor individual has the right to request, in writing to the responsible authority, that such parental access be denied. The written Denial of Parental Access to Data Request form of the minor must also set forth the reasons for requesting the denial of parental access.

Upon receipt of such a request from a minor, the responsible authority shall determine if honoring the request of the minor to deny such parental access would be in the best interest of the minor. In making this determination, the responsible authority shall be guided by at least the following:
  1. Whether the minor is of sufficient age and maturity to be able to explain the reasons for and to understand the consequences of the request to deny access;
  2. Whether the personal situation of the minor is such that denied parental access may protect the minor data subject to a physical or emotional harm;
  3. Whether there is ground for believing that the minor data subject's reasons for precluding parental access are reasonably accurate;
  4. Whether the data in question is of such a nature that disclosure of it to the parent could lead to physical or emotional harm to the minor data subject;
  5. Whether the data concerns medical, dental, or other health services provided pursuant to 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 minor.
Without a request from a minor, the responsible authority may deny parental access to private data on a minor pursuant to the provisions of Minnesota Statutes Section 144.335, or any other State or Federal statute that allows or requires the responsible authority to do so, if such State statute or Federal law provides standards that limit the exercise of discretion of the responsible party.

Disputes
Any complaint or dispute with the processing or private data on individuals or non-public data by the City of Edina should be directed, in writing, to the Responsible Authority or Data Practices Compliance Official.

Confidential data on individuals and protected non-public data


Confidential data on individuals and protected-nonpublic data are data that, pursuant to State or Federal law, are not public and not accessible to the subject of such data. Such data is only available to the employees of the City of Edina whose work assignments reasonably require access and to other entities or agencies authorized by statute to gain access to such data.

An individual may make an inquiry whether or not any confidential data on individuals concerning that individual is maintained by the City of Edina. If immediate compliance with the inquiry is not possible when it is received, within ten working days of the date of request from the individual concerning the existence of confidential data on that individual, the City of Edina will inform the individual if such confidential data on that individual exists.

The City of Edina shall require reasonable identification from any individual requesting whether or not any confidential data on individuals is maintained on that individual by the City of Edina. A Non-disclosure Agreement form should be completed.

Disputes
Any complaint or dispute with the processing of confidential data on individuals or protected nonpublic data by the City of Edina should be directed, in writing, to the Responsible Authority or Data Practices Compliance Official.

Summary data


Summary data means statistical records and reports. The preparation and use of summary data derived from private data on individuals or confidential data on individuals is permitted provided that the individuals are not identified in the summary data and neither their identities nor any other characteristic that could uniquely identify such individuals are ascertainable from the summary data.

How to obtain data

The responsible authority shall prepare summary data from private or confidential data on individuals upon the request of any person if the request is in writing using the Government Data Access & Nondisclosure Agreement and the cost of preparing the summary data is borne by the requesting person. The responsible authority may delegate the power to prepare summary data: (1) to the person responsible for any central repository of summary data; or (2) to a person outside of its agency if the person's purpose is set forth, in writing, and the person agrees not to disclose, and the City reasonably determines that the access will not compromise private or confidential data on individuals.

Fee and charges
If a person requests the preparation of summary data from private data on individuals or confidential data on individuals, the City of Edina will charge the person the actual cost for:
  1. Materials used to research and prepare summary data including paper and copying costs;
  2. Labor required to research and prepare the summary data;
  3. Mailing of the summary data; and
  4. Other unique expenses directly related to research and preparation of summary data, including but not limited to the cost of computer time.
An estimate of the charges and the amount of time required to prepare the summary data will be furnished in writing by the responsible authority to the person making the request within ten days of the receipt of the request by the responsible authority. The City of Edina must be reimbursed for the preparation of summary data before the summary data will be released.

Disputes
Any complaint or dispute with the processing of summary data by the City of Edina should be directed, in writing, to the Responsible Authority or Data Practices Compliance Official.

Accuracy or completeness of public or private data


Subject of data
An individual may contest the accuracy or completeness of public or private data. To do this, the individual shall notify, in writing, the responsible authority and describe the nature of the disagreement. Within 30 days the responsible authority will then either:
• A. Correct the data found to be inaccurate or incomplete and attempt to notify the past recipients of inaccurate or incomplete data, including recipients named by the individual; or
• B. Notify the individual that the responsible authority believes the data to be correct.

Data in dispute
Any data in dispute shall be disclosed only if the individual's statement of data in dispute disagreement is then included with the disclosed data.

The determination of the responsible authority may be appealed pursuant to the provisions of the Minnesota Administrative Procedure Act relating to contested cases.

Data on individuals that have been successfully challenged by the individual must be completed, corrected or destroyed by the City of Edina without regard to the requirement of the state statute on document retention. After completing, correcting or destroying successfully challenged data, the City of Edina may retain a copy of the Commissioner of Administration's Order issued under the state Administrative Procedures Act or, if no order were issued, a summary of the dispute between the parties that does not contain any particulars of the successfully challenged data.

Rights of individuals supplying private or confidential data

(Tennessen Warning)


An individual asked to supply private or confidential data CONCERNING THE INDIVIDUAL shall be informed of:
• A. The purpose and intended use of the requested data within the City of Edina;
• B. Whether the individual may refuse or is legally required to supply the requested data;
• C. Any known consequence arising from the individuals supplying or refusing to supply private or confidential data;
• D. The identity of other persons or entities authorized State or Federal law to receive the data.
This information requirement does not apply when an individual is asked to supply investigative data to a law enforcement officer.

Links to documents: 
For more information, contact the City Clerk's Office at 952-826-0408 or datarequests@EdinaMN.gov.