MGDPA and Outside Individuals Participating in the Hiring Process

It is not uncommon for public entities to ask an individual from an outside organization or another public entity (such as a state agency or another county) to assist in the hiring process, particularly the interview stage.

MCIT members asking individuals from outside their public entity to assist in the hiring process should keep the Minnesota Government Data Practices Act (MGDPA) in mind. Individuals who are not employed by the public entity may be limited in what data they are entitled to view without the applicant’s permission.

Sometimes outsiders are asked to assist with hiring because the person being hired will be working closely with the outside entity or organization. Other times it is done to take advantage of expertise that the public entity does not have when interviewing for a technical or specialized position.

MGDPA and Personnel Data

The Minnesota Government Data Practices Act defines personnel data as “government data on individuals maintained because the individual is or was an employee of or an applicant for employment by, performs services on a voluntary basis for, or acts as an independent contractor with a government entity.” (Minn. Stat. § 13.43)

Personnel data is private, unless specifically designated as public under Minnesota Statutes Section 13.43 or another statute.

With respect to job applicants, the MGDPA provides that the following data on current and former applicants (except undercover law enforcement) is public:

• Veteran status
• Relevant test scores
• Rank on eligible list
• Job history
• Education and training
• Work availability

Names of applicants are private except when certified as eligible for appointment to a vacancy or when applicants are considered by the appointing authority to be finalists. “Finalist” means an individual who is selected to be interviewed by the appointing authority prior to selection.

All other data on an applicant is classified as private. Private personnel data is generally only accessible to the data subject; individuals within the entity whose work assignments reasonably require access; entities and agencies who are authorized by Minnesota statute or federal law to gain access to that specific data; and entities or individuals who have the express written permission of the data subject to receive the data.

Determining Access to Private Data

Whether an individual outside the entity who is on the interview team or otherwise participating in the hiring process can have access to any of an applicant’s private data depends on several elements, including:

• Whether there is statutory authority to share private personnel data with the individual;
• A review of the Tennessen (data privacy) notice that was provided to the applicant when the data was collected, and
• Any written releases that may have been signed by the applicant.

This determination may require a case-by-case analysis and an opinion from legal counsel as to specific issues.

MCIT recommends that members consult their legal counsel about what information can be legally provided to individuals involved in the hiring process who are not also employed by the member.