Challenges and Appeals
If a Minnesota government entity has public or private data about you and you think the data may be inaccurate and/or incomplete, you have the right to “challenge” those data. Minnesota Statutes, section 13.04, subdivision 4 and Minnesota Rules 1205.1600 govern the process.
If the government entity determines that the data are accurate or complete, you can appeal that determination to the Commissioner of Administration. The Commissioner will determine if the appeal is within her authority under section 13.04.
- You can challenge only data about you.
- You can challenge data about your child if your child is a minor (under age 18).
- You can challenge data on behalf of a person for whom you have been appointed legal guardian.
- The law does not allow you to challenge data about someone else’s thoughts, impressions, perceptions or opinions because those are data about the other person, even if they relate to you. (Example: “It is Jane’s opinion that Joe is not qualified.” Here the data are about Jane not Joe; Joe cannot challenge this statement.)
- The law also does not allow you to challenge the results of how the government uses the data, such as the process or procedures an entity uses to give or deny you a benefit. (Example: “Based on her application, Jane is not eligible for this program.” Jane cannot challenge this statement.)