___________________________________________________________________ Detroit Lakes Police Department General Order 54.1.1 ___________________________________________________________________ SUBJECT: Data Practices Date Effective: March 4, 1997 ___________________________________________________________________ PURPOSE The purpose of this policy is to ensure that the Detroit Lakes Police Department (DLPD) and its members comply with the requirements of Minnesota State Statute, Chapter 13 (commonly referred to as the "Minnesota Government Data Practices Act") while remaining committed to informing the community and news media of events that involve our community or are investigated by our agency. POLICY It is the policy of the DLPD to convey information accessible to the public accurately, candidly and as timely as possible given the limited resources at our disposal. This goal will be achieved in part through issuance of news releases, public service announcements, broadcast facsimile and allowing access to records for purposes of public inspection when permitted by and as governed by the "Minnesota Government Data Practices Act". The DLPD embraces the philosophy that government data are public and are accessible by the public for both inspection and copying unless there is federal law, a state statute or a temporary classification that provides that certain data are not public. PROCEDURE The Minnesota Government Data Practices Act establishes a comprehensive system for the gathering, storage and dissemination of data used by the DLPD. All data collected and maintained by the DLPD is considered public except if classified as private, confidential, non-public or protected non-public in accordance with federal and state laws. A general records retention schedule is maintained by the City Administrator of the City of Detroit Lakes and governs the disposal of this data. The City Administrator is the "Responsible Authority" for the City of Detroit Lakes and the Chief of Police is the designee for the DLPD. Only those personnel of the DLPD currently trained in the specifics of the Minnesota Government Data Practices Act and authorized by the Chief of Police are allowed to release or permit the inspection of data maintained by the DLPD. 54.1.1 1. PUBLIC DATA Individuals may obtain public information by either coming to the DLPD in person, writing to the DLPD or calling. The DLPD is located at 106 East Holmes Street, Detroit Lakes, Minnesota 56501. The phone number is (218) 847-4222 and the facsimile number is (218) 847-2382. Requestor required to complete Form A "Request for Information". Any time a question exists regarding a request for access to data, inquiries should be directed to the Responsible Authority or to his/her designee. If any individual wishes to visit the DLPD for the purpose of inspecting specified public data, the DLPD will schedule a convenient time between the hours of 8 a.m. and 5 p.m., Monday through Friday (except legal holidays) for the purposes of reviewing such data. If an individual desires to have certain public information copied, whether before or after inspection, the DLPD reserves the right to charge the individual reasonable cost for: 1. Materials, including paper to be used to provide the copies at twenty five cents (.25) per page; 2. Labor required to prepare the copies; 3. Mailing of the copies; 4. Other unique production-type expenses if micro-film, machine based recording systems or computers are involved. (See Form B "Copy Cost Estimate" and Form C "Receipt for Copies") The DLPD will attempt to respond to all reasonable requests for public data promptly. If the data requested is classified as either confidential, private, non-public or protected non-public, the DLPD shall inform the requesting individual orally, at the time of the request, and if requested in writing as soon thereafter as possible, citing the applicable statute or regulation prohibiting the DLPD from releasing the data. Any complaint or dispute regarding the gathering, storage or dissemination of public information by the DLPD should be directed, in writing, to the Responsible Authority. 2. PRIVATE OR NON-PUBLIC DATA Private or Non-public data contains information which, pursuant to state or federal law, is accessible only to the individual subject of the data and to employees of the DLPD whose work necessitates access to the data, to other entities or agencies who are authorized by statute to obtain such data and to entities or individuals given access by the express written consent of the subject of the data. (See Form D "Consent for the Release of Information") Individuals seeking access to private or non-public data from the DLPD may obtain the data by completing a Request for Information Form. The completed form should then be sent to the Responsible Authority or DLPD designee. Request forms are available from the clerical staff at the DLPD. Within five (5) working days, after seeking a request for the review of private or non-public data, the DLPD will schedule a convenient time for the individual to visit the DLPD in order to review the data. The DLPD may require reasonable identification from the individual who seeks review of the data, in order to ensure that the individual is either the subject of the data or a person authorized to review the data pursuant to an informed consent by the subject of the data. After an individual has been given the opportunity to review the private data and been informed of its meaning, the data need not be disclosed to him/her for six (6) months thereafter, unless a dispute or action is pending, or additional data on the individual has been collected or created. If an individual desires to have copies of certain private or non-public information, the DLPD reserves the right to charge the individual the reasonable cost for: 1. Materials, including paper to be used to provide the copies at twenty five cents (.25) per page; 2. Labor required to prepare the copies; 3. Mailing of the copies; 4. Other unique production-type expenses if micro-film, machine based recording systems or computers are involved. (See Forms B and C) Pursuant to Minnesota Rules Chapter 1205, minors are to be advised of their right to request that their parents be denied access to private data. However, in honoring said request, the best interests of the child are to be considered by the Responsible Authority or designee. Any complaint or dispute regarding the processing of private or non-public information by the DLPD will be directed, in writing, to the Responsible Authority. CONFIDENTIAL OR PROTECTED NON-PUBLIC DATA Confidential or protected non-public data maintained by the DLPD shall not be made available to the public or to any other individual or person who are subjects of the data. Such data is only available to employees of the DLPD whose work assignments reasonably require access to the data and to other entities or agencies authorized by statute to gain access to the data. However, an individual may be informed whether or not any confidential data concerning himself is maintained by the DLPD. Such a request shall be directed, in writing, to the Responsible Authority or designee. Within five (5) working days after receiving a request from an individual concerning the existence of confidential data, the DLPD will inform the requesting individual if such data exists or will request an additional five (5) working days in which to respond to the individual. Any complaint or dispute regarding the processing of confidential or protected non-public data maintained by the DLPD shall be directed, in writing, to the Responsible Authority. SUMMARY DATA The preparation and use of summary data derived from private or confidential data on individuals is permitted provided that the summary data presented cannot uniquely identify any individual. Request for the preparation and use of summary data shall be made in writing and directed to the Responsible Authority or designee. (See Form E "Non-Disclosure Agreement") If an individual desires the preparation of summary data, the DLPD reserves the right to charge the individual the actual reasonable costs for: 1. Materials, including paper to be used to provide the copies at twenty five cents (.25) per page; 2. Labor required to prepare the copies; 3. Mailing of the copies; 4. Other unique production-type expenses if micro-film, machine based recording systems or computers are involved. (See Forms B and C) An estimate of charges and the amount of the time required to prepare the summary data will be furnished in writing by the Responsible Authority or his/her designee to the individual making the request within ten (10) working days of the request by the Responsible Authority or designee. The DLPD shall be reimbursed for the actual and reasonable costs of preparing the summary data before the summary data will be supplied to the requestor. Any complaint or dispute regarding the processing of summary data by the DLPD shall be directed, in writing, to the Responsible Authority. --------------------------------- DETROIT LAKES POLICE DEPARTMENT B REQUEST FOR INFORMATION Minnesota Government Data Practices Act A. REQUESTOR COMPLETE (ITEMS 1-4) 1. __________________________________________ Date and Time of Request 2. __________________________________________ ____________ Requestor Name (last, first, MI) Phone 3. Description of the Information Requested:_______________ ________________________________________________________ ________________________________________________________ 4. __________________________________________ Signature of Requestor (if needed) 5. Proof of Identity (if data classified private):__________ _________________________________________________________ B. DEPARTMENT USE 6. Request type: ____ In Person ____ Mail ____ Phone 7. Request handled by:______________________________________ 8. Request by:____Subject of the data____Not subject of data 9. The information is classified: ____Public ____Private ____Confidential ____Non-Public ____Protected Non-Public 10. Request: ____Approved ____Denied ____Approved in part (explain in 12) 11. Authorized Signature:____________________________________ 12. Action Taken: (If requested data is classified so as to deny access to the requestor, cite authority or reason. Also enter any remarks, comments appropriate)____________ _________________________________________________________ _________________________________________________________ 13. I have been permitted to inspect the data described above. ________________________________ ______________________ Signature Date --------------------------------- DETROIT LAKES POLICE DEPARTMENT C COPY COST ESTIMATE Minnesota Government Data Practices Act INSTRUCTIONS: Use this SPECIAL RATE form when determining the cost of providing copies. ________________________________ Description of Information Date and Time of Request ________________________________ Requestor Name ________________________________ ________________________________ Address (if needed) ================================================================== The following calculations represent the estimated and/or actual cost of providing copies. The requestor must pay the estimated costs before compiling, certifying and/or making copies can occur. ================================================================== SPECIAL RATE Estimate Actual Cost Cost A. Photocopy _________ x _________ ________ ______ B. Labor _________ x _________ ________ ______ _________ x _________ ________ ______ C. Mailing________________________ ________ ______ D. Publication Printing Cost _________ ________ ______ E. Other costs, describe: (to include computer time, programming time, terminal access, microfilming systems and any other costs not listed above) 1.___________________________ ________ ______ 2.___________________________ ________ ______ 3.___________________________ ________ ______ 4.___________________________ ________ ______ TOTAL CHARGES $________ $______ AMOUNT TO BE PREPAID $________ $______ AMOUNT DUE $________ $______ __________________________________ _____________________ Preparer Name Date --------------------------------- DETROIT LAKES POLICE DEPARTMENT RECEIPT FOR COPIES Minnesota Government Data Practices Act A. COMPLETE WHEN FEES ARE ASSESSED (a receipted copy of this form is to be provided to the requestor each time money is received) 1.____Fees: Flat Rate (.25) per copy x _________ = $_________ No. of pgs Total Due 2.____Fees: Special Rate (complete & attach Form B when other than the flat rate or standard fee schedule is used). 3.TOTAL AMOUNT DUE: $_______ ______________________ __________ Received by Date 4.Amount to be Prepaid $_______ ____________________ _________ Received by Date 5.Balance Due $_______ ____________________ _________ Received by Date B. REQUESTOR PLEASE NOTE ITEMS CHECKED 1. ____ Make check/money order payable to:___________________ __________________________________________________________ 2. ____ Additional Instructions:_____________________________ __________________________________________________________ __________________________________________________________ Copies provided by: Date: _______________________________ _______/_______/______ Signature of City Employee Above copies received by: Date: _______________________________ _______/_______/______ Signature of Requestor --------------------------------- DETROIT LAKES POLICE DEPARTMENT D CONSENT FOR THE RELEASE OF INFORMATION I, ___________________________________ DOB: ____/___/____ Authorize_________________________________________________________ (name of individual, entity or person holding record) to disclose to____________________________________________________ (name of individual, entity or person to receive information) the following information_________________________________________ (description of information) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ I understand that my records are protected under state and/or federal privacy laws and cannot be disclosed without my written consent unless otherwise provided for by state or federal law. I also understand that I may revoke this consent at any time except to the extent that action has been taken in reliance on it and that in any event this consent expires automatically as described below. Specification of the date, event, or condition upon which this consent expires:___________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Executed this ____ day of _________________, 19____. _____________________________________ (signature of individual authorizing) _____________________________________ (signature of witness) _____________________________________ (signature of parent, guardian or authorized representative when required) NOTE TO DLPD PERSONNEL USING THIS FORM: The consequences of giving informed consent must be communicated to the individual prior to affixing his/her signature. --------------------------------- DETROIT LAKES POLICE DEPARTMENT E NON-DISCLOSURE AGREEMENT Minnesota Government Data Practices Act I, ______________________________________________, hereby acknowledge receipt of the following private or confidential data: _______________________________________________________________________ _______________________________________________________________________ This information will be used to prepare the following summary data: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ___________________________________________ I, ________________________________ understand that I may be subject to the civil or criminal penalty provisions of the Data Practices Act in the event that the private or confidential data is disclosed sufficiently to uniquely individual data subjects. Executed this ____ day of __________________, 19____. ____________________________________ (signature of individual authorizing release) ____________________________________ (signature of witness)