Privacy of DHS Data Used for Direct Certification - 12/6/2005
DATE: December 6, 2005
TO: Sponsors of School Nutrition Programs
FROM: Becky Leschner
Food and Nutrition Service
SUBJECT: Privacy of DHS Data Used for Direct Certification
This information is provided to clarify the application of data privacy law to a school official’s use of data that the MN Department of Human Services (DHS) provides for the purpose of direct certification for free school meals.
Q: If the parent or guardian of a student challenges the direct certification of their child, may the school official attempt to resolve the eligibility question by providing the student’s parent or guardian with the DHS information that the direct certification was based on, in particular the name and address of the parent or guardian who applied for DHS benefits?
A: No.
On the direct certification data that is available to schools, each record includes both the student enrollment data and the corresponding data from DHS that was matched to the student. DHS data on individuals is private data under the Minnesota Government Data Practices Act. A school official may use the private data from DHS, including the name and address of the parent or guardian who applied for DHS benefits, only to confirm that the DHS data appears to have been accurately matched to their student. A school official may not discuss the DHS data with a student’s parent or guardian.
If a parent or guardian challenges the direct certification of their child, the school official should: (1) Inform the parent or guardian that eligibility status of the student will be corrected on school records and (2) Explain that the direct certification of the student was based on private data from DHS that cannot be shared and may have been matched in error.
If you have any questions about this information, please contact FNS-Policy Team at 651-582-8526, 800-366-8922, or e-mail to fns@state.mn.us.
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