What is a Tennessen warning notice and when is it required?
When a government entity collects private/confidential data from an individual about that individual, the entity must give him/her a Tennessen warning notice (see Minnesota Statutes, section 13.04, subdivision 2). The purpose of the notice is to enable an individual to make an informed decision about whether to give data about her/himself to the government entity. A government entity may not collect data on individuals unless the collection is necessary to carry out its duties under a program specifically authorized by the legislature or local governing body or mandated by the federal government (see Minnesota Statutes, section 13.05, subdivision 3).
When does a government entity not have to give a Tennessen warning notice?
· The individual volunteers the data, the entity didn’t ask for it
· The data is not about the individual being asked
· The data about the individual is public
· The individual is asked to provide criminal investigative data to a law enforcement officer under Minnesota Statutes, 13.82