When an individual is asked to supply private or confidential information, the city is required to give the individual a Tennessen warning. The warning must include:

• The purpose and intended use of the requested data.
• Whether the individual is legally required to supply the requested data or if they may refuse.
• Any known consequences from supplying or refusing to supply the information.
• The identity of other people or entities authorized to receive the data.

A Tennessen warning is not required when a law enforcement officer requests data during an investigation.

A Tennessen warning may be on a separate form, or incorporated into the same form that requests the data. View an example of the data practices advisory form.

Individual data is classified by law as public, private or confidential.

Public information may be shown or provided to anyone.

Private information about an individual may be shown or provided to:

• The subject, once every six months, during a dispute or if additional data has been collected.
• A person given access by express written consent of the subject via a consent to release private data form or reasonably similar form.
• People authorized by federal, state or local law or court order.
• People about whom the individual was advised via Tennessen warning when the data was collected.
• City staff, city council and outside agents (such as attorneys) whose work reasonably requires access.

Confidential information about an individual may not be given to that individual. It may be shown or given to:

• People authorized by federal, state or local law or court order.
• City staff, city council and outside agents (such as attorneys) whose work reasonably requires access.

Any individual may request public data, records and information. We can’t require you to identify yourself or ask why you’re requesting the information.

Use our online request system (“Public Records Request”) to submit a data request. Requests may also be submitted in writing to:

City Clerk Becky Koosman
14600 Minnetonka Blvd.
Minnetonka, MN 55345

Requests are processed during business hours (Monday–Friday, 8 a.m.–4:30 p.m.). Once a request is submitted the city will take the following action:

• If you’re the data subject, we must respond within 10 business days
• If you’re not the data subject, we must respond within 30 business days

To learn more or ask questions, email City Clerk Becky Koosman or call 952-939-8208.

Fees

• Fees may be charged for copies or electronic transmittal of data according to the city’s standard photocopying policy.
• If significant time is required, the fee may include the cost of preparing and copying or transmitting the data.
• The fee will not include time needed to separate public from non-public data.
• An additional fee may be charged if copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process or system developed with significant expenditure of public funds. The additional fee must relate to the actual development costs of the information.

Summary data includes statistical records and reports derived from individual data, but does not identify an individual by name or other unique characteristics. Summary data derived from public or confidential data is public.

Summary data requests

The city will prepare summary data for a fee upon written request to City Clerk Becky Koosman. When a request is submitted, the city will respond with estimated fees to prepare the data. Once the fee is paid, the city will prepare and supply the data within 10 business days. If the data cannot be prepared within 10 business days, the city will respond with an updated timeline and reasons for the delay.

Outside agencies and individuals

The city may ask an outside agency or individual to prepare the summary data if:

• The specific purpose is given in writing.
• The agency or individual agrees not to disclose private or confidential data.
• The city determines their access will not compromise private or confidential data.

The city may require the outside agency or individual to complete the government data access and nondisclosure agreement.

The following applies to private – not confidential – data about individuals under 18.

Parental access

In addition to those listed under “Access to individual data,” a parent, guardian or someone acting as parent or guardian may have access to a juvenile’s private data, unless prohibited by law, court order or another legally binding document.

Notice to juvenile

The city must notify juveniles that they have the right to request any data they provide not be given to their parents or guardians. View a sample of the notice.

Denial of parental access

Parental access to data may be denied when the juvenile requests it and the city determines withholding the data is the in the juvenile’s best interest. The juvenile must make this request in writing. The city will consider:

• Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences.
• Whether denying access may protect the juvenile from physical or emotional harm.
• Whether there are reasonable grounds to support the juvenile’s reasons.
• Whether the data concerns medical, dental or other health services. If so, data may be released only if failure to inform the parent would seriously jeopardize the juvenile’s health. The city complies with all HIPAA requirements.

Parental access to health records may also be denied without a request from the juvenile per Minnesota statute 144.335.