Personal Information Released Without Consent In Minnesota
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The Minnesota Government Data Practices Act and the Freedom of Information Act (FOIA) are similar but distinct laws that provide access to government information.
The Minnesota Government Data Practices Act (Minnesota Statutes Chapter 13) is a state law that creates both rights and obligations around government data.
§ 144.293, subdivision 4) Existing law provides that a consent for the release of health records from a patient or the patient's representative is valid for a period provided by law. This provision may mean state or federal law. This section clarifies that the consent is valid for a period provided by Minnesota law.
Minnesota Rules 1205.1400, subpart 3, requires that individuals giving informed consent have sufficient mental capacity to understand the consequences of their decision to give consent. Minnesota Rules 1205.1400, subpart 4, requires that a valid informed consent must: Be voluntary and not coerced.
On , Minnesota became the 18th State in the U.S. to enact comprehensive data privacy legislation with Minnesota Governor, Tim Walz, signing HF 4757, the Minnesota Consumer Data Privacy Act (the Minnesota Consumer Data Privacy Act or MCDPA).
The Minnesota Government Data Practices Act (MGDPA), Minn. Stat. § 13, is a state law that controls how government data are collected, created, stored (maintained), used and released (disseminated).
Official Records Act, Minnesota Statutes section 15.17 The Official Records Act requires government entities to, "make and preserve all records necessary to a full and accurate knowledge of their official activities." (Minn. Stat. 15.17, subd. 1.)
