Challenging the Accuracy and Completeness of Data About You

Note: The data challenge process outlined below is only for determinations about the accuracy and completeness of government data about an individual, under Minnesota Statutes section 13.04 subd. 4. If you have questions or concerns about a government entity's response to a request for data, please contact our office.

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.

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.

How to Challenge Data
Your challenge must be in writing to the government entity that maintains the data about you. Contact the government entity to identify the responsible authority (RA) and how to submit your challenge – by U.S. mail or email.

In your letter, include the following information:
- Date
- Name of RA
- Name of government entity
- Street address
- City, state, zip
- Your name
- Your street and/or email address
- Optional – your phone number
When writing your letter, you should take the following steps:
1. Address your challenge to the RA.
2. State that you are challenging the accuracy and/or completeness of certain data about yourself under Minnesota Statutes, section 13.04, subdivision 4.
3. Describe in detail the data that you are challenging.
  - Be very specific.
  - A good way to identify the data is to make a copy and clearly mark the data you are challenging, and enclose the copy with your notice.
  - If you are challenging data that are maintained in more than one office or division within the entity, be very specific about the location of each item of challenged data.
4. State why you think the data are inaccurate and/or incomplete.
  - Under the law, you must show that the data you are challenging are inaccurate and/or incomplete, so be prepared to provide specific reasons. Include as many reasons as you can.
5. State how you think the data should be changed to make them accurate/complete.
  - Explain to the RA what you think should be done to make the data accurate and/or complete.
  - For example, you may ask the RA to add a word (such as add “senior” to your job title), change the data (such as correcting your birth date on your driver’s license), or remove or delete data.
How a Government Entity Must Respond
Section 13.04, subd. 4 requires a government entity's responsible authority to respond within 30 days after receiving a data challenge. The responsible authority must:
- Correct the data found to be inaccurate or incomplete and attempt to notify past recipients of the incorrect data; OR
- Inform the individual that the responsible authority has determined the data are correct.
If the challenged data are determined to be correct, the responsible authority must inform the individual of the right to appeal the determination to the Commissioner of Administration.
Questions?