2019.08.13 CC Packet - Laserfiche WebLink

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10 Responsible Authority to withhold the data and withholding the data would be in the best interest of the minor, or unless the Responsible Authority has been given evidence that there is a state law, court order, or other legally binding document, that restricts the Parent’s exercise of this right. 4.9B Notice to Minor and Incapacitated Persons. Before requesting private data from minors or incapacitated persons, City personnel must notify the minors and incapacitated persons that they may request that the information not be given to their parent or guardian(s). (Exhibit 6) 4.9C Denial of Parent or Guardian Access. The Responsible Authority may deny parent or guardian access to private data when the individual requests this denial and the Responsible Authority determines that withholding the data would be in the best interest of the individual. The request from the individual must be in writing, stating the reasons for the request. In determining the best interest of the individual, the Responsible Authority will consider: 4.9C1Whether the individual is of sufficient age and maturity to explain the reasons and understand the consequences, 4.9C2 Whether denying access may protect the individual from physical or emotional harm, 4.9C3 Whether there are reasonable grounds to support the individual’s reasons, and 4.9C4 Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the parent or guardian would seriously jeopardize the health of the individual. The Responsible Authority may also deny parental access without a request from the juvenile or incapacitated person under Minnesota Statutes Section 144.335, or under any other state or federal statute that allows or requires denial of parental access and that provides standards for denying parental access. 5.0 Access to Private and Confidential Data on Decedents. Private data on decedents means data which, prior to the death of the data subject, were classified by statute, federal law, or temporary classification as private data. Confidential data means data which, prior to the death of the data subject, were classified by statute, federal law, or temporary classification as confidential data. A list of the private and confidential information maintained by the City is contained in Appendix A. Information about individuals who are deceased will be treated the same as data that is about individuals who are living except: 5.0A Private and confidential data on decedents will become public data ten years after the death of the data subject and 30 years after the creation of the data in accordance with Minnesota Statutes Section 13.10, subdivision 2. An individual is presumed dead if