Minnesota Government Data Practices Act
The Minnesota Government Data Practices Act (MGDPA), Minn. Stat. ch. 13 (2012), is the Minnesota version of the federal Privacy Act, which entitles residents to gain access to information kept about them by government, and to challenge the accuracy of it.
The MGDPA creates a private cause of action for residents who are denied access to information about them held by the Minnesota government, or about whom the Minnesota government improperly discloses private information to the public.
Application to private entities
The MGDPA also applies to private entities that contract with the State of Minnesota. Minn. Stat. § 13.05 subdivision 11(a) requires that:
| “ | If a government entity enters into a contract with a private person to perform any of its functions, the government entity shall include in the contract terms that make it clear that all the data created, collected, received, stored, used, maintained, or disseminated by the private person in performing those functions is subject to the requirements of this chapter and that the private person must comply with those requirements as if it were a government entity. | ” |
In addition, Minn. Stat. §13.387 (effective June 30, 2015) requires that health care entities make patient record data available upon request by patients:
| “ | Health Care Contract Data. The provisions of section 13.05, subdivision 11, apply to …providers, or other vendors…contracting with a government entity for health care related services. | ” |
See also
- Margaret Westin, The Minnesota Government Data Practices Act: A Practitioner's Guide and Observations on Access to Government Information, 22 WM. MITCHELL L. REV. 839 (1996).