Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General.
Pursuant to Minnesota Statutes, sections
13.02, subdivisions 8 and 12;
and 13.05, the responsible authority shall comply with the following rules
concerning access.
In addition to the particular requirements of this part,
access to private data concerning a minor data subject shall be subject to the
requirements of part 1205.0400
concerning access to all private data.
Subp. 2.
Who may see private data concerning minors.
Access to private data concerning minors shall be available
only to the following:
A. Those
parties identified as having access to private data under part
1205.0400, subpart
2.
B. Subject to the provisions of Minnesota
Statutes, section 13.02, subdivision 8, any other
applicable statute, and the exception set out at subpart
3, item A, the parents of the
minor data subject. For purposes of this part, the responsible authority shall
presume the parent has the authority to exercise the rights inherent in the act
unless the responsible authority has been provided with evidence that there is
a state law or court order governing such matters as divorce, separation, or
custody, or a legally binding instrument which provides to the
contrary.
Subp. 3.
Access procedures for parents.
Pursuant to the provisions of Minnesota Statutes, section
13.02, subdivision 8, the
responsible authority shall establish procedures to provide access by the
parents of a minor data subject to private data concerning that minor, subject
to the following:
A. The responsible
authority may deny parental access to private data when the minor, who is the
subject of that data, requests that the responsible authority deny such access.
The responsible authority shall provide minors from whom the entity collects
private or confidential data with a notification that the minor individual has
the right to request that parental access to private data be denied. The
responsible authority may require the minor data subject to submit a written
request that the data be withheld. The written request shall set forth the
reasons for denying parental access and shall be signed by the minor.
B. Upon receipt of such a request, the
responsible authority shall determine if honoring the request to deny parental
access would be in the best interest of the minor data subject. In making the
determination, the responsible authority shall be guided by at least the
following:
(1) whether the minor is of
sufficient age and maturity to be able to explain the reasons for and to
understand the consequences of the request to deny access;
(2) whether the personal situation of the
minor is such that denying parental access may protect the minor data subject
from physical or emotional harm;
(3) whether there is ground for believing
that the minor data subject's reasons for precluding parental access are
reasonably accurate;
(4) whether
the data in question is of such a nature that disclosure of it to the parent
could lead to physical or emotional harm to the minor data subject;
and
(5) whether the data concerns
medical, dental, or other health services provided pursuant to Minnesota
Statutes, sections 144.341 to
144.347. If so, the data may be
released only if failure to inform the parent would seriously jeopardize the
health of the minor.
Subp. 4.
Parents' access to educational records.
The responsible authority shall not deny access by parents
to data that is considered an "education record," as that term is defined in
Code of Federal Regulations, title 45, part 99, section 99.3, unless the minor
to whom the data pertains is enrolled as a full-time student in a postsecondary
educational institution or the student has attained the age of 18. As of the
date of the adoption of these rules, the term "education records" was defined
by Code of Federal Regulations, title 45, part 99, section 99.3 as
follows:
(a) "Education records" means
those records which:
(1) are directly related
to a student; and
(2) are
maintained by an educational agency or institution or by a party acting for the
agency or institution.
(b) The term does not include:
(1) Records of instructional, supervisory,
and administrative personnel and educational personnel ancillary thereto which:
(i) are in the sole possession of the maker
thereof; and
(ii) are not
accessible or revealed to any other individual except a substitute. For the
purpose of this definition, a "substitute" means an individual who performs on
a temporary basis the duties of the individual who made the record, and does
not refer to an individual who permanently succeeds the maker of the record in
his or her position.
(2)
Records of a law enforcement unit of an educational agency or institution which
are:
(i) maintained apart from the records
described in paragraph (a) of this definition;
(ii) maintained solely for law enforcement
purposes; and
(iii) not disclosed
to individuals other than law enforcement officials of the same jurisdiction;
provided that education records maintained by the educational agency or
institution are not disclosed to the personnel of the law enforcement
unit.
(3)
(i) Records relating to an individual who is
employed by an educational agency or institution which:
(A) are made and maintained in the normal
course of business;
(B) relate
exclusively to the individual in that individual's capacity as an employee;
and
(C) are not available for use
for any other purpose.
(ii) This paragraph does not apply to records
relating to an individual in attendance at the agency or institution who is
employed as a result of his or her status as a student.
(4) Records relating to an eligible student
which are:
(i) created or maintained by a
physician, psychiatrist, psychologist, or other recognized professional or
paraprofessional acting in his or her professional or paraprofessional
capacity, or assisting in that capacity;
(ii) created, maintained, or used only in
connection with the provision of treatment to the student; and
(iii) not disclosed to anyone other than
individuals providing the treatment; provided that the records can be
personally reviewed by a physician or other appropriate professional of the
student's choice. For the purpose of this definition, "treatment" does not
include remedial educational activities or activities which are part of the
program of instruction at the educational agency or institution.
(5) Records of an educational
agency or institution which contain only information relating to a person after
that person was no longer a student at the educational agency or institution.
An example would be information collected by an educational agency or
institution pertaining to the accomplishments of its alumni.
Subp. 5.
Denying access without a request from a minor.
Without a request from a minor, the responsible authority
may deny parental access to private data on a minor, pursuant to the provisions
of Minnesota Statutes, sections
144.291 to
144.298 or any other statute or
federal law that allows or requires the responsible authority the authority to
do so, if such state statute or federal law provides standards which limit the
exercise of the discretion of the responsible authority.
Statutory Authority: MS s
13.07
