Data Practices Policy for Data Subjects
Metropolitan Library Service Agency
Adopted: May 18, 2017
Data about you
The Minnesota Government Data Practices Act (MGDPA), Minnesota Statutes, Chapter 13, says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, flash drives, CDs, DVDs, photographs, etc.
Classification of data about you
The MGDPA presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples.
Public data
The Metropolitan Library Service Agency (MELSA) must give public data to anyone who asks. It does not matter who is asking for the data or why the person wants the data. The following is an example of public data about you:
Your name
Private data
MELSA cannot give private data to the general public, but you can have access to private data when the data are about you. We can share your private data with you, with someone who has your permission, with our government entity staff who have a work assignment to see the data, and to others as permitted by law or court order. The following is an example of private data about you:
Your email address if you provide it to MELSA for notification or subscription services
Your rights under the Government Data Practices Act
MELSA must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights.
Access to your data
You have the right to look at (inspect), free of charge, public and private data that MELSA keeps about you. You also have the right to get copies of public and private data about you. The MGDPA allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies.
Also, if you ask, MELSA will tell you whether we keep data about you and whether the data are public, private, or confidential.
As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian.
Minors have the right to ask MELSA not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Minors do not have this right if the data in question are educational data maintained by an educational agency or institution.
When we collect data from you
When MELSA asks you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release 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 a different way, or if you ask us to release the data to another person. This permission is called informed consent.
Protecting your data
The MGDPA requires us to protect your data. MELSA has established appropriate safeguards to ensure that your data are safe.
In the unfortunate event that MELSA determines a security breach of MELSA systems or databases has occurred and an unauthorized person has gained access to your data held by MELSA, we will notify you as required by law.
When your data are inaccurate and/or incomplete
You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you.
How to make a request for your data
You can look at data, or request copies of data that this government entity keeps about you, your minor children, or an individual for whom you have been appointed legal guardian. You may make your request for data by sending an email to MGDPA@melsa.org or by mail to the MELSA Data Practices Compliance Official (MDPCO) listed on page 4.
You must make your request in writing. You may make your request by mail or email, using the data request form on page 6.
If you choose not to use the data request form, your written request should include:
• You are making a request, under the Government 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.
• Identifying information that proves you are the data subject, or data subject’s parent/guardian.
MELSA requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor’s parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity located on page 7.
How we respond to a data request
Once you make your request, we will work to process your request.
• If it is not clear what data 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.
• If we have the data, but the data are confidential or private data that are not about you, we will notify you within 10 business days and state which specific law says you cannot access the data.
• If we have the data, and the data are public or private data about you, we will respond to your request 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 the data, or
o Provide you with copies of the data within 10 business days. You may choose to pick up your copies, or we will mail them to you. We will provide electronic copies by email upon request if we keep the data in electronic format.
Information about copy charges is on page 5. MELSA will provide you notice about any prepayment required to receive copies.
After we have provided you with access to data about you, we do not have to show you the data again 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 MGDPA does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement (for example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request). If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time.
In addition, we are not required under the MGDPA to respond to questions that are not specific requests for data.
Data Practices Contacts
Responsible Authority
Sherry Wichitchu, Executive Director
Metropolitan Library Service Agency
1619 Dayton Avenue, Suite 314
Saint Paul, MN 55104-6276
651-300-2810/sherry@melsa.org
MELSA Data Practices Compliance Official
Gina Goettl, Office Manager
Metropolitan Library Service Agency
1619 Dayton Avenue, Suite 314
Saint Paul, MN 55104-6276
651-300-2815/gina@melsa.org
Copy Costs – Data Subjects
This government entity charges data subjects for copies of government data. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3.
You must pre-pay for copies before MELSA will give them to you.
For 100 or fewer paper copies – 25 cents per page
100 or fewer pages of black and white, letter or legal-size paper copies cost 25¢ for a one-sided copy, or 50¢ for a two-sided copy.
Actual cost of making the copies
In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data and mailing costs (if any).
If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies.
Data Request Form – Data Subjects
NOTE: To request data, subjects must provide proof of identity consistent with standards listed on Page 7.
Contact information
Data subject name:
Parent/Guardian name (if applicable):
Address:
Phone number/email address:
Staff verification
Request date:
Identification provided:
I am requesting access to data in the following way:
Inspection
Copies
Both inspection and copies
We will respond to your request within 10 business days.
These are the data I am requesting:
Describe the data you are requesting as specifically as possible.
Standards for Verifying Identity
The following constitute proof of identity.
• An adult individual must provide a valid photo ID, such as
o a state driver’s license
o a military ID
o a passport
o a Minnesota ID
o a Minnesota tribal ID
• A minor individual must provide a valid photo ID, such as
o a state driver’s license
o a military ID
o a passport
o a Minnesota ID
o a Minnesota Tribal ID
o a Minnesota school ID
• The parent or guardian of a minor must provide a valid photo ID and either
o a certified copy of the minor’s birth certificate or
o a certified copy of documents that establish the parent or guardian’s relationship to the child, such as
a court order relating to divorce, separation, custody, foster care
a foster care contract
an affidavit of parentage
• The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as
o court order(s)
o valid power of attorney
Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID.