94-94CITY OF OTSEGO
COUNTY OF WRIGNT
STATE OF KINNESOTA
RESOLUTION NO. 94-94
A RESOLUTION ADOPTING A DATA PRIVACY ACT
MANUAL AND APPOINTING A RESPONSIBLE AUTHORITY
WHEREAS, the City of Otsego has drafted a Data Privacy Act manual
for the City of Otsego employees to delineate the difference
between private and public data for purposes of determining what
data is immediately available to the public, and procedures for
dissemination of such data, pursuant to Minn. Stat. 13.03, subd. 2.
WHEREAS, the Minnesota Government Data Practices Act, Minnesota
Statute 13.02, subd. 16, defines "responsible authority" as "the
individual responsible for the collection and use, and
dissemination of any set of data on individuals, government data,
or summary data, unless otherwise provided by state law," and
states that such an individual must be appointed by the governing
body.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OTSEGO:
1. The City of Otsego adopts the Data Privacy Manual dated
.T„ u ?emu , 1994.
2. The City of Otsego appoints Elaine Beatty, Otsego Deputy City
Clerk and Zoning Administrator, the "responsible authority"
for the City of Otsego in those matters related to government
data.
This resolution is adopted by the Otsego City Council this2�.TH day
of July, 1994. Motion for adoption made be Councilperson
Rnn Rlank and seconded by Councilperson Doug Lindenfelser
In favor:' Norman F Freske, Doug Lindenfelser, Floyd Roden, Larry
Fournier, and Ron Black
Opposed: NONE
Norm reske, Mayor
NORMAN F FRESKE, MAYOR
rome Pei Arlt:,City- Clerk
DATA PRIVACY MANUAL
CITY OF OTSEGO
I,
CONTENTS
GENERAL POLICY STATEMENT . . . . . . . . . . . . . . . . . . 1
POLICY MANUAL AUTHORITY AND USE . . . . . . . . . . . . . . . 1
General Requirements . � . 2
Definitions. . . . . . . . . . . . . . . . . 00 2
Public data . . . . . . . . . . . . . . . . 2
Public data on individuals . . . . . . 2
Nonpublic data . . . . . 2
Protected nonpublic data . . 2
Private data on individuals . . 2
Confidential data on individuals . . . 2
Temporary Classification . . . . . . 3
Duty of City . . . . . . . . . . . . . . . . . . . . . . . . 3
DataCategories 0 0 . . 0 . . . . . . . . . . . . . . 3
Standards for Collection and Use . . . . . . . . . . . . 3
Limits on Collection and Use . . . . . . . . . . . . 3
Dissemination of Private Data on Individuals 4
Protection of Private and Confidential Data on individuals 4
Requests for Data . 4
Public Data . . . . . . . . . . . . . . . . . . . . . 4
Private Data 5
Data on Decedents 5
City Attorney Data 6
Benefit Data . . . . . . . . . . . . . . . . . . . . . . . . 6
Public Data . . . . 6
Private Data . . . . . . . . 6
Elected Officials, Correspondence 6
General Nonpublic Data . 7
Security Information 7
Trade secret information 7
Labor relations information 7
Classification . . . . . 7
Public data (7); Nonpublic/private data (7)
Civil Litigation/Investigative Data . . 7
Protected Nonpublic Data . . 8
Public data 0 . 0 0 . . . . . . . . . . 8
Licensing Data . . . . . • . 8
Personnel Data 9
Property Complaint Data . . • 10
Employment and Training Data . . . . . . . . . . . . . . . . 10
Appraisal Data to
Confidential or Protected Nonpublic Data . . . . 10
Public Data . . . . . . . . . . . . . . . . . . 10
Assessor Data . 10
Generally. . . . . . . . . . . . . . . . . . . . . . . 10
Income Property Assessments . . . . . . 10
Date on Income of Individuals . . . . . . 11
Housing Agency Data 11
Deferred Assessment Data . . . 11
Social Recreation Data . . o . . . . . 11
Homestead Application Data 11
Redevelopment Data . . . . . . . . . . . . . 11
Private Data . . . . 11
Nonpublic Data
Elected or Appointed Officials, Financial Disclosure . 11
Economic Assistance Data . . 12
Human Rights Data 12
Opinion by Commissioner of Administration 12
Written Request 12
Cost . . . . 0 13
GENERAL POLICY STATEMENT: It is the policy of the City of Otsego
to conform to the requirements of the Minnesota Government Data
Practices Act, Minnesota Statute 13.01 et seq. to provide a free
flow of public data and to restrict the flow of private and
nonpublic data only where necessary for proper government and
when authorized by the Minnesota Government Data Practices Act.
Government data are presumed public and accessible to the public
unless classified otherwise by federal or state law or some
temporary classification.
POLICY MANUAL AUTHORITY AND USE:
Authority* This manual is a policy guide for the employees
of the City of Otsego to allow the efficient flow of information
with the least restriction possible. It does not constitute an
ordinance or regulation but is intended as a policy guide only.
Use: this manual should be used by employees of the City of
Otsego to guide the release or restriction of information. In
cases where the specific type of information of situation is not
covered by this manual the responsible employee should seek
advice from the City Attorney on the release or restriction of
the information.
a
1
1 General Requirements: All government data collected,
created, received, maintained or disseminated by the City is
public unless classified otherwise by statute or pursuant to
Minnesota Statute 13.06 and the guidelines contained in this
manual. Public data shall be released for inspection or
copied upon request by any party authorized to make such
request. Charges for copying shall be set in accordance
with the actual costs for producing such copies and the
policies contained in this manual.
2 Definitions :
2.1 City: The City of Otsego.
2.2 Responsible Authority: An employee or elected official
of the City who has been designated by resolution of
the City council as the person responsible for control
and management of data collected, created, received,
maintained or disseminated by the City.
3 Classification:
3.1 Classes: All government data collected, created,
received, maintained or disseminated by the City shall
be classified as public, public data on individuals,
nonpublic, protected nonpublic, private data on
individuals or confidential data on individuals.
3.1.1 Public data: Data collected, created,
received, maintained or disseminated by the
City is presumed public unless classified
otherwise according to statute or by
temporary classification pursuant to
Minnesota Statute 13.06.
3.1.2 Public data on individuals: Data accessible
to the public referring to any individual.
3.1.3 Nonpublic data: Data, not on individuals,
which is not public and is accessible to the
subject of the data by any state or federal
statute.
3.1.4 Protected nonpublic data: Data, not on
individuals, which is not public and not
accessible to the subject of the data by any
state or federal statute.
3.1.5 Private data on individuals: Data on
individuals which is not public and is
accessible to the subject�of the data by any
state or federal statute.
3.1.6 Confidential data on individuals: Data on
individuals which is not public and not
accessible to the subject of the data by any
state or federal statute.
2
3.2 Temporary Classification: Data not classified by
statute which the City desires to classify shall be
treated in the manner described in Minnesota Statute
13.06. If the City desires to temporarily classify
data legal advice should be sought as to the
possibility for and advisability of such a
classification. The preference is to make such data
public where possible and such a classification does
not infringe any individual rights of privacy.
4 Duty of City:
4.1 Data Categories. The City must maintain and annually
update a file or register containing: 1) the name of
the City; 2) the name of the responsible authority in
the City; 3) the responsible authority's title and
address; and 4) a description of each category of
record, file or process relating to any private or
confidential data on individuals maintained by the
City. This file or register shall be public data.
Copies of the file or register shall be provided to the
State Commissioner of Administration upon request.
4.2 Standards for Collection and Use of Data on
Individuals: Collection of data on individuals shall
be strictly limited to data necessary for the
administration and management of City government and
programs.
4.3 Limits on Collection and Use of Data on Indduals:
4.3.1 Purpose for collection: The purpose for
collecting any data on individuals must be
stated in full to the subject individual at
the time of collection. Data collected for a
specific purpose can only be used for that
purpose. Summary data may be prepared which,
by its nature, does not release any private
or confidential data on individuals.
4.3.2 Dissemination to authorized parties: Private
of confidential data on individuals may be
disseminated to individuals or agencies
specifically authorized by law to receive
such data. The Responsible Authority shall
verify that the individual or agency is so
authorized by requesting the individual or
agency to provide the source of such
authority and by verifying that authority
prior to release of the data.
4.3.3 Dissemination after consent: Private data on
individuals may be disseminated to any person
or agency if the individual subject or
subjects of the data have given their
consent.
3
5 Dissemination of Private Data on Individuals: No Private
data on individuals shall be disseminated without either
consent or a statutory authorization that has been
demonstrated to the satisfaction of the Responsible
Authority. Consent to disseminate private data on
individuals shall be given by completing an Authorization to
Release Private Data, Form DATA-1, Appendix A, Forms. If an
agency claims statutory authority the basis of that
authority should be cleared through the City Attorney,
6 Protection of Private and Confidential Data on individuals:
All records containing private or confidential data on
individuals must be retained in a locked or controlled
storage area. Access to this storage area should be
controlled by the Responsible Authority and restricted to
authorized parties. An access log should be kept for all
parties provided access to the private records storage area.
See Form DATA-2, Appendix A, Forms.
7 Requests for Data:
7.1 Public Data:
7.1.1 Requests: Requests for public data shall be
made to the Responsible Authority on Form
DATA-3, Appendix A, forms. Data retrieval
may require significant time on the part of
the City staff thus requests should be made a
specifically as possible to limit the
involvement of the staff in data retrieval.
7.1.2 Process: upon receipt of a request for
public data the Responsible Authority shall
review the request an verify that the data is
public. If the data is public the
Responsible Authority shall grant access to
the data at any time during the regular
business hours of the City offices. Access
shall be restricted only by requirements of
safeguarding the data and shall not be
excessively intrusive nor limited.
7.1.3 Access for inspection: Inspection of public
data shall take place at the City offices.
The data must be provided for inspection in
the form and manner in which it is filed.
Data accessed for inspection shall not be
removed from the City offices.
7.1.4 Access for copying: Public data may be
copied by the City staff for dissemination.
Allowable charges include the actual cost of
copies plus the administrative costs, i.e.,
time spent in the search, copying and
collating. Data cannot be removed from the
City offices for reproduction at another
location unless done by a City employee.
19
7.1.5 Refusal to allow access: If the Responsible
Authority determines that the data is not
public the Authority shall orally inform the
requestor of that fact and provide, in
writing, as soon as possible after the
request, the reason for the denial and the
specific statutory section, temporary
classification or specific provision of state
or federal law on which the determination was
based. If there is a question on the status
contact the City Attorney.
7.2 Private Data: A copy of Form DATA-4, Appendix A,
Forms, shall be posted in a prominent location in the
City offices.
7.2.1 Requests: Requests for private data on
individuals shall be made to the Responsible
Authority on Form DATA-5, Appendix A, forms.
Data retrieval may require significant time
on the part of the City staff thus requests
should be made a specifically as possible to
limit the involvement of the staff in data
retrieval.
7.2.2 Access request by subject of data: If the
subject of private data on individuals
requests access to data on themselves the
subject shall initially be informed as to the
classification of the data. Upon further
request on form DATA-5 the subject shall be
shown the requested data. The responsible
Authority shall explain the contents and
npanina of the data file. After an
I
individual has bE
nformed of i
ts n
disclosed to that
after the initial
there is a dispute
Minnesota governn
2) new or additic
has been collectE
private data mayk
individual. The
data are the samc
8 Data on Decedents:
8.1 Classification: Private or
individual who dies becomes
data on a decedent.
5
en shown private data and
eanin
g the data need not be
individual for six months
disclosure unless: 1)
or action pursuant to the
ent Data practices Act; or
na1 data on the individual
d or created. Copies of
e provided to the
charge for copies of private
as public data.
confidential data on an
private or confidential
8.2 Reclassification: Private or confidential data on
decedents becomes public data ten (10) years after the'
death of the subject and 30 years after collection of
the data. Both of these requirements must be met.
8.3 Access to Private or confidential data on Decedents:
The personal representative of the estate of the
decedent shall have the same access to the private or
confidential data that the subject would have if alive
and personally requesting access. The Responsible
Authority should request a copy of the appointment or
Letters Testamentary granting the personal
representative authority to act. A trustee in a
wrongful death action shall have such access to
appropriate data as ordered by a court of competent
jurisdiction. A court of competent jurisdiction may
order release of private or confidential data on
decedents and the information shall be released in
accordance with the order.
9 City Attorney Data: Use, collection, storage and
dissemination of data by the City Attorney is governed by
the rules of professional responsibility. This is limited
to data under the personal control of the City Attorney.
See "Civil Litigation" below.
10 Benefit Data: Benefit data includes data on individuals
collected or created due to a request for information on, or
application for, benefits or services under housing, home
ownership, rehabilitation or community action agency
programs.
10.1 Public Data: The names and addresses of applicants for
and recipients of benefits, aid or assistance through
programs administered by the City that are intended to
assist with the purchase of housing or other real
property are public in nature.
10.2 Private Data: Unless specifically provided for by law
all other benefit data is private data on individuals
and shall not be disclosed except on order of a court
of competent jurisdiction or to an agent of the City or
state acting in an investigation or prosecution of a
criminal or civil proceeding relating to the
administration of the specific program. Such private
data on individuals may be released'to the subject upon
proper request as stated above.
11 Elected Officials, Correspondence: Correspondence between
individuals and elected official is private data on
individuals. This data may be made public by either the
sender or the recipient.
12 General Nonpublic Data.
12.1 Definitions:
12.1.1 Security Information means 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.
12.1.2 Trade secret information means government
data, including formula, pattern,
compilation, program, device, method,
technique or process that. 10 was supplied
by the affected individual or organization;
and 2) is the subject of efforts by the
individual or organization to maintain its
secrecy that are reasonable under the
circumstances; and 3) derives independent
economic value, actual or potential, from
being restricted in distribution.
12.1.3 Labor relations information means management
positions on economic and noneconomic items
that have not been presented during the
collective bargaining process or interest
arbitration.
12.2 Classification:
12.2.1 Public data: all data not classified below
as nonpublic or private data on individuals
is public data.
12.2.2 Nonpublic/private data: The following types
of data are classified as nonpublic data with
regard to data not on individuals and private
data on individuals in regard to individuals
and shall be treated as such: 1) security
information; 2) trade secret information; 3)
sealed absentee ballots prior to opening by
an election judge; 4) sealed bids, to include
the number of bids received, prior to opening
of bids; 5) labor relations information.
13 Civil Litigation/Investigative Data:
13.1 Definition: Pending Civil Legal Action includes but is
not limited to judicial, administrative or arbitration
proceedings. Whether a civil legal action is pending
should be determined by the City Attorney. If a
question arises on the pending nature of civil legal
action request an opinion from the City Attorney.
7
13.2 Protected Nonpublic Data: Data collected by the City
as part of an active investigation undertaken for the
purpose of commencing or defending a pending civil
legal action or which are retained in anticipation of a
pending legal action are classified as protected
nonpublic data in the case of data not on individuals
or confidential in the case of data on individuals.
13.3 Public data: Inactive civil investigative data are
public in nature. This includes records of all data
collected and the amounts expended on the legal matter.
Civil investigative data are inactive when:
13.3.1 a decision has been made not to pursue the
civil action;
13.3.2 the time to file
a
13.3.3 the right to appeal by either party is
exhausted or expired.
13.3.4 the matter is finally determined and the City
has decided not to pursue an appeal.
14 Licensing Data:
14.1 Private Data: The following types of data are
classified as private or nonpublic data.
14.1.1 Data on license applicants other than their
names and addresses,
14.1.2 The identity of complainants who have made
reports concerning licenses or applicants
which appear in inactive complaint data
unless the complainant consents to the
disclosure.
14.1.3 The nature or contents of unsubstantiated
complaints when information is not maintained
in anticipation of legal action.
14.1.4 Inactive investigative data relating to
violations of statutes, rules or ordinances.
14.1.5 The record of disciplinary proceedings.
14.2 Confidential Data: Active investigative data relating
to any investigation of complaints against any licensee
is confidential data. This means that until the
investigation is complete the data need not be shown to
the subject. There is need for care in this area. The
subject has a right to know the reason for the pending
disciplinary actin to prepare a defense. The material
that is confidential is the specific data gathered by
the City during an active investigation, not the
general charges and reasons for the action.
0
14.3 Release of Data: Any data classified as private or
confidential maybe released to an appropriate agency or
person if the Responsible Authority determines that
failure to release the data will create a clear and
present danger to public heath or safety. This will
only occur in isolated circumstances.
15 Personnel Data: Personnel data means data collected on
individuals related to that individuals employment with the
City or application for such employment. It also includes
information on parties who perform professional services,
volunteers and independent contractors.
15.1 Public Data: The following personnel data is public
for all employees:
15.1.1 Name;
15.1.2 actual gross salary;
15.1.3 salary range;
15.1.4 contract fees;
15.1.5 actual gross pensions;
15.1.E value and nature of employee paid fringe
benefits;
15.1.7
15.1.8
15.1.9
15.1.10
15.1.11
15.1.12
basis for and amount of additional
renumeration in addition to salary;
job title;
education and training background;
job description;
dates of first and last employment;
status of complaints and charges against
employees;
final disposition of disciplinary
all supporting documents;
work location;
work telephone number;
6 honors and awards received;
actions
and
payroll time sheets and time cards except
sick or medical leave records;
15.1.18 city and county of residence;
15.1919 veteran status;
15.1.20 relevant test scores;
15.1.21 ranking on eligibility lists;
15.1.22 job history;
15.1.23 work availability.
15.2 Private data: The following data is private data:
15.2.1 Names of applicants unless certified to a
fist of finalists for a job. Finalists are
those selected for interview.
15.2.2 All personnel data not listed above is
private data that may be released on court
order.
15.2.3 All data on undercover law enforcement
officers is private data.
9
basis for and amount of additional
renumeration in addition to salary;
job title;
education and training background;
job description;
dates of first and last employment;
status of complaints and charges against
employees;
final disposition of disciplinary
all supporting documents;
work location;
work telephone number;
6 honors and awards received;
actions
and
payroll time sheets and time cards except
sick or medical leave records;
15.1.18 city and county of residence;
15.1919 veteran status;
15.1.20 relevant test scores;
15.1.21 ranking on eligibility lists;
15.1.22 job history;
15.1.23 work availability.
15.2 Private data: The following data is private data:
15.2.1 Names of applicants unless certified to a
fist of finalists for a job. Finalists are
those selected for interview.
15.2.2 All personnel data not listed above is
private data that may be released on court
order.
15.2.3 All data on undercover law enforcement
officers is private data.
9
15.3 Labor Organizations: Data may be released to labor
organizations as necessary to conduct elections of
notify employees of their fair share of assessments.
16 Property Complaint Data: The identity of individuals
registering complaints with the City concerning violations
of state law or City ordinances concerning the use of real
property are confidential. This includes complaints of the
presence of a nuisance.
17 Employment and Training Data: Data collected on individuals
concerning application or enrollment in a training program
run or administered by the City is private data on
individuals.
18 Appraisal Data:
18.1 Confidential or Protected Nonpublic Data: Estimated or
appraised values of individual parcels of real property
which are made by the City or an independent contractor
working for the City for the purpose of selling or
acquiring land through purchase or condemnation is
confidential or protected nonpublic data.
18.2 Public Data: The above data becomes public if and
when:
18.2.1 negotiating parties exchange appraisals;
18.2.2 data is submitted to a court appointed
condemnation commissioner;
18.2.3 data are presented in court in condemnation
proceedings;
18.2.4 negotiating parties enter into an agreement
for the purchase and sale of property.
19 Assessor Data: this applies to all data collected by the
City or any party contracted with the City to collect such
data.
19.1 Generally: Data contained on sales sheets received
from private multiple listing services is considered
private or nonpublic where the contract with the
private organization requires the City to refrain from
releasing the data.
19.2 Income Property Assessments: The following data are
classified as private or nonpublic:
19.2.1 detailed income and expense figures for the
current year and the previous three years;
19.2.2 average vacancy figures for the previous
three years;
19.2.3 verified net rentable areas or net usable
areas;
19.2.4 anticipated income and expenses for the
current year;
10
19.2.5 projected vacancy rates for the current year.
19.3 Date on Income of Individuals or Businesses:
Information on individuals or businesses gathered to
determine eligibility of property for classification
under Minnesota Statute 273.13, Subdivision 25 (c) as
property used for housing for the elderly or for low
income families is private data on individuals.
20 Housing Agency Data: Income information on individuals
collected and maintained by any housing agency to determine
eligibility for classification Minnesota Statute 273.13,
Subdivision 25 (c) as property used for housing for the
elderly or for low income families is private data on
individuals.
21 Deferred Assessment Data: any data collected by the City
which indicates the amount or location of cash or valuable
property kept in homes of applicants for deferred assessment
are private data.
22 Social Recreation Data:. Any data describing the health or
medical condition of an individual, family relationships and
I living arrangements or opinions as to the
emotional makeup or behavior of an individual which is
collected and maintained by the City for the purpose of
enrolling in any recreational or social program is private
data.
23 Homestead Application Data: The social security account
numbers and detailed financial data submitted by individuals
applying for a class 1b homestead classification is private
data.
24 Redevelopment Data:
24.1 Private Data: The names and addresses of individuals
and legal descriptions collected in surveys conducted
by the City for the purposes of planning, development
or redevelopment are classified as private data.
24.2 Nonpublic Data: The names, addresses and legal
descriptions of business properties and the commercial
use of the property to the extent its disclosure would
identify any particular business which are collected in
surveys conducted by the City for the purposes of
planning, development or redevelopment are classified
as nonpublic data.
25 Elected or Appointed Officials, Financial Disclosure:
Financial disclosure statements of any elected or appointed
official which is required to be filed with the City are
public data.
26 Economic Assistance Data: The following data collected by
the City during its administration of any economic
assistance program are classified as nonpublic data.
26.1 Application data, except company names, addresses and
other data that will identify the applicant until the
application is approved by the City.
26.2 Application data, except company names, addresses and
other data that pertain to companies whose applications
have been denied.
26.3 Attachments to applications including but, not limited
to, business and personal financial records, until the
application is approved,
26.4 Income tax returns, either personal or corporate, that
are filed by applicants.
26.5 Correspondence between program administrators and the
applicant until the application has been approved or
denied,
27 Human Rights Data: Data maintained that referrers to any
human rights investigative data or otherwise maintained by
any Human Rights Department of the City is administered
according to Minnesota Statute 363. If any data of this
type is gathered contact the City Attorney for guidance.
28 General Statutory Guide: See Appendix B for a copy of
Minnesota Statute 13.99, Other government Data Provisions
which provides a cursory guide to some of the statutory
provisions controlling data.
29 Opinion by Commissioner of Administration: The legislature
has directed the Commissioner of Administration to give
written opinions on questions relating to public access to
government data, the rights of subjects of data or
classification of data. There are some limits on the
requests for these opinions. The City Attorney should be
consulted prior to making the request to determine if the
Commissioner may give an opinion in the area desired.
29.1 Written Request: The request must be made in writing
from the City or a person who disagrees with a
determination of the City relative to data
classification.
29.2 Issuance of Opinion: The Commissioner may decline to
give an opinion within 5 days of receipt of the
request. If the request is not denied the Commissioner
is supposed to issue the opinion within 20 days of
receipt of the request. There is provision for one 30
day extension on notice from the Commissioner.
12
29.3 Status of Opinion: The Commissioner's opinions are
secondary to Attorney Generals opinions and are not
binding but they must be given deference by courts.
This provides some protection for the City if it
complies with the opinion. There is also a shield
provided against compensatory and exemplary damages if
the City complies with an opinion of the Commissioner.
29.4 Cost: The cost of a Commissioners opinion is set at
$200.00.
13