Tennessen
Warning
On your
application, the Minnesota Department of Commerce will ask you for information,
like your Social Security number, that is classified as “private data” under the
Minnesota Government Data Practices Act (Minnesota Statutes, chapter 13). The
Data Practices Act requires any governmental entity asking an individual to
supply private data to inform the individual of:
(a) the purpose
and intended use of the requested data;
(b) whether the individual may refuse to supply the requested data or is
legally required to supply it;
(c) any known consequence of supplying or refusing to supply private data; and
(d) the identity of other persons or entities authorized by state or federal
law to receive the data.
The information
contained in (a)-(d) is called a “Tennessen Warning”
and is set forth below. The Tennessen Warning also
satisfies the federal notice requirement under 5 U.S.C. § 552a Note, which is
triggered by our request for your Social Security number in the application.
If the Commissioner of Commerce issues a license to you, all information
contained in your application, except your Social Security number and nondesignated addresses, will be public pursuant to Minnesota
Statutes, section 13.41, subdivision 5.
Individual Tennessen
Warning:
(a) Purpose and Intended Use of the Data
The data you
give us about yourself is needed to:
a) identify you;
b) enable us to contact you when
required;
c) assist us in determining your
qualifications and eligibility for the license you are applying for;
d) comply with certain federal and state
reporting requirements; and
e) evaluate the administration and
management of this licensing/registration program.
(b) Disclosure:
Mandatory or Voluntary?
You are legally
required to supply all of the data required on the Uniform Application pursuant
to Minnesota Statutes, section 60K.37, subdivision 2 (if you are a producer) or
Minnesota Statutes, section 72B.04, subdivision 3 (if you are an adjuster). In
particular, you must provide your Social Security number pursuant to 42 U.S.C.
§ 666(a)(13) and
(c) Consequences
of Supplying or Refusing to Supply Requested Data
If you supply
all of the requested data, your application will be processed. If you refuse to
supply data requested on the application, your application will not be
processed. Whatever information you do supply to the Department will be
maintained by us, whether or not your application is approved.
(d) Others
Authorized to Receive the Data
The information
about you that is collected on the application will be classified as either
public or private data. Public data will be accessible to the public. Private
data about you will be accessible only to:
a) you;
b) state personnel who determine your
eligibility for licensure;
c) employees of license database vendors;
d) the Minnesota Department of Revenue
(Minnesota Statutes, section 270C.72, subd. 4);
e) the public authority responsible for
child support in
f) any appropriate person(s) or agency,
if the Commissioner of Commerce determines that failure to make the data
accessible is likely to create a clear and present danger to public health or
safety;
g) person(s) authorized by a court order;
or
h) any other person authorized by state
or federal law.