4.36 Data Privacy for Employees
Purpose
Riverland Community College is committed to protecting the privacy of users in accordance with Minnesota Statute section 13, the Minnesota Government Data Practices Act.
Applicability
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). The MGDPA sets out certain requirements relating to the right of the public to access government data and the rights of individuals who are the subjects of government data.
Briefly, the MGDPA regulates:
- What information can be collected
- Who may see or have the information
- Classification of specific types of government data
- Duties of government personnel in administering the provisions of the MGDPA
- Procedures for access to the information
- Procedures for classifying information
- Civil penalties for violation of the MGDPA
- Charging fees for copies of government data
This policy applies to all personnel records and information on current and former employees, applicants for employment, volunteers, independent contractors, and members of advisory boards or commissions.
Scope
Members of the public who want access to public data should do so in accordance with the Access to Public Data Procedure; Riverland Policy 4.35.
Definitions
Data: All data collected, created, received, maintained, or disseminated by a state agency regardless of its physical form, storage media, or conditions of use.
Personnel data: All data collected because an individual is or was an employee or applicant for employment, a volunteer, an independent contractor, or a member of or applicant for an advisory board or commission.
Does This Policy Have a Procedure?
The following chart describes accessibility to data maintained by Riverland Community College.
| Category of Data | Classification | Description | Definition | Authorized Recipients |
|---|---|---|---|---|
| Security data | Private or confidential | Data that would substantially jeopardize the security of information, possessions, individuals, or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury, if released to the public | Minn. Stat. 13.37 | Employees with a need to know |
| Social Security numbers | Private | Social Security numbers assigned to individuals | Minn. Stat. 13.355 | Employees with a need to know |
| Personnel data | Public, private, or confidential | Data about employees, applicants, volunteers, and independent contractors | Minn. Stat. 13.43 | Employees with a need to know |
| Labor relations information | Public, private, or confidential | Data related to collective bargaining agreements and related processes | Minn. Stat. 13.67 | Employees with a need to know |
| Employee expense reports | Public or private | Employee reimbursement requests | Minn. Stat. 13.43 | Employees with a need to know |
| Employee personnel records | Private or public | Record of prior and current employment history; data relating to hiring, assessments, promotion, discipline, and related administrative personnel actions | Minn. Stat. 13.43 | Employees with a need to know |
| Category of Data | Classification | Description | Definition | Authorized Recipients |
|---|---|---|---|---|
| Employment applicant records | Public or private | Completed assessments and results, related documentation, and application forms | Minn. Stat. 13.43 | Employees with a need to know |
| Computer use and access data | Private | Electronic access data and cookies as defined in Minn. Stat. 13.15 | Minn. Stat. 13.15 | Employees with a need to know |
| Personal contact and online account information | Private | Data collected for subscriptions, notifications, and list-servs | Minn. Stat. 13.356 | Employees with a need to know |
Related Policies, Procedures, or Forms
Riverland Community College — Accessing Public Information (Policy 4.35)
Minnesota Statutes § 13.03 — Access to Government Data
Minnesota State — Data Access Procedures
Minnesota Management and Budget — Data Request Form (for non-subjects)
Date Implemented: 2/13/2014
Responsible Division / Author: Human Resources Officer / Human Resources Department
Date Revised: 12/2020