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29 <br /> <br />Data can be classified by the MGDPA as public data, private or nonpublic data, and confidential or protected <br />nonpublic data. How data is classified dictates who can or cannot have access to it. Government data can also <br />“change classifications in certain circumstances. For example, in the competitive bidding process, sealed bids <br />are nonpublic data but become public once the bids are opened.” (p. 5) <br /> <br />Penalties <br /> <br />“It is important to remember, there are significant administrative remedies and civil penalties for willfully re- <br />leasing private and confidential data and for willfully refusing to release public data, including attorney’s fees. <br />In addition, a city that violates any provision of the MGDPA is liable for any damage as a result of the viola- <br />tion. The person damaged may bring an action against the city to cover any damages, plus costs and reasonable <br />attorney fees. “ (MN Mayor’s Handbook p. 13) <br /> <br />Additionally, a person who intentionally violates the MGDPA can be found guilty of a misdemeanor. (MN <br />State Statutes Section 13.09) <br /> <br />Commissioner MGDPA Responsibilities <br /> <br />“Cities are required to make records “necessary for a full and accurate knowledge of their official activities.” <br />Additionally, “cities must preserve records based on their administrative, legal, fiscal and historical value. The <br />specific length of time any record must be maintained depends on the information contained and the General <br />Records Retention Schedule for MN Cities.” (p. 80) Commissions do not have to store or maintain records that <br />are also maintained by the City. However, each commissioner is responsible for securely storing government <br />data in their possession (such as emails, social media posts etc) that have not been provided to the City for rec- <br />ord-keeping purposes. <br /> <br />Since the data an individual commissioner collects, creates, receives, maintains, or disseminates is government <br />data, it is recommended that every commissioner be thoughtful about where that data is created, collected and <br />stored as it is both public and subject to a retention schedule. It is also recommended that commissioners take <br />care in what they say in their official capacity within e-mails and text messages. <br /> <br />Most of the data volunteer commissioners collect, create, receive, or maintain are classified as public data. On <br />occasion, volunteer commissioners may have access to private data. It is expected that each commission com- <br />ply with the MGDPA and ensure that private data is protected and released only to City staff . <br /> <br />The City also has a Data Practices Policy that must be followed when an individual requests to view or have a <br />copy of data. If someone asks to view or obtain a copy of any government data in your possession, please direct <br />them to your staff liaison. Your staff liaison will work with the City Clerk, who is New Brighton’s MGDPA <br />Responsible Authority, to appropriately respond to the request for public information in a timely fashion. Pub- <br />lic data may be viewed at City Hall during regular office hours free of charge. However, there is a small fee to <br />obtain a copy of data.