MN Data Practices Advisory Opinions Archive

June 29, 1995 · June 29, 1995; Steele County

When an individual supplies private data about her/himself to a government entity and one of the entity's employees disseminates that data to another employee whose work assignment does not reasonably require access to …

Data subjects #Work assignment reasonably requires access (1205.0400, 1205.0600)

Advisory Opinion 95-028 95-028

June 15, 1995 · June 15, 1995; University of Minnesota

Is a

Data subjects Educational data Legislative authority and intent Tennessen warning #Internal audit #Limitation on collection and use of private/confidential data (13.05, subd. 4) #Limitation on collection/use of data (13.05, subd. 4) #Security safeguards (13.05, subd. 5) #Tennessen warning notice

+1 more

#Tennessen warning notice (13.04, subd. 2)

Advisory Opinion 95-026 95-026

June 6, 1995 · June 6, 1995; School District 458 (Truman)

Is a parent of one of the students involved in the incident entitled to a copy of the sexual harassment report? If so, must any portions of the document be redacted? If so, which specific portions?

Data subjects Educational data Personnel data #Education data #Harassment claims, investigations #Volunteers #Volunteers

Advisory Opinion 95-020 95-020

May 3, 1995 · May 3, 1995; University of Minnesota

Did the University of Minnesota Program in Human Sexuality release private data it maintained about X without his consent, and if so, was that release authorized by Minnesota Statutes Chapter 13, or other applicable law?

Data subjects Educational data Informed consent #Consent to release #Informed consent #Patient records (144.335, subd. 3a / 144.293)

Advisory Opinion 95-010 95-010

March 8, 1995 · March 8, 1995; Olmsted County

Is X entitled to gain access to data maintained about him by the Olmsted County Community Services Department?

Data subjects Tennessen warning #Informed of existence/classification #Tennessen warning notice (13.04, subd. 2) #Vulnerable adults

Advisory Opinion 95-008 95-008

February 15, 1995 · February 15, 1995; City of Brooklyn Park

When an employee, or former employee, or an agent, or former agent, of an entity subject to Minnesota Statutes Chapter 13 possesses work-related data outside of the workplace, are those data government data as defined i…

Data subjects #Complete and current 13.05 #Location of data #Location of data #Security safeguards (13.05, subd. 5)

Advisory Opinion 95-007 95-007

February 15, 1995 · February 15, 1995; Bemidji State University

Does Bemidji State University have the authority to require faculty members to provide their Social Security numbers and birth dates for the purposes of student registration, or is this a violation of Minnesota Statutes…

Data subjects Tennessen warning #Limitation on collection and use of private/confidential data (13.05, subd. 4) #Tennessen warning and federal Privacy Act notices required #Tennessen warning notice

Advisory Opinion 94-055 94-055

December 14, 1994 · December 14, 1994; Crow Wing County

As the parent of the five minor children, does the mother have the legal right to the files in Crow Wing County Child Protection? Does the mother have the rights to see any data regarding the father, exclusive of the na…

Data subjects Educational data #Advocates - access to data #Alcohol and drug treatment records (42 C.F.R. Part 2) #Data access to data subject #Social services/welfare data #Spouse access to other spouse’s data

Advisory Opinion 94-053 94-053

November 23, 1994 · November 23, 1994; Anoka County

Whether he has the right to gain access to data that has been blanked out by his probation officer.

Data subjects Redaction Response to data requests #Court services data (13.84)

Advisory Opinion 94-052 94-052

November 16, 1994 · November 16, 1994; Beltrami County

Is X entitled to gain access to data maintained by Beltrami County Social Services concerning the welfare of her minor child, including but not limited to data maintained by child protection? In failing to respond to Ms…

Data subjects Educational data #Social services/welfare data

Advisory Opinion 94-044 94-044

October 20, 1994 · October 20, 1994; School District 877 (Buffalo)

By not supplying the custodial parent with the Activity Tracker Record that was supplied to Dr. DeSanctis (the psychologist) which was requested on 6 June 94 and the authorization for release of information which was re…

Data subjects Educational data #Education data

Advisory Opinion 94-041 94-041

October 7, 1994 · October 7, 1994; School District 877 (Buffalo)

When Buffalo High School Psychologist, Paula Dietz, and Assistant Principal, Mary Loberg, coerced the minor child into believing that in order to be readmitted to school, a psychological evaluation would been to be cond…

Data subjects Educational data #Informed consent

Advisory Opinion 94-040 94-040

October 5, 1994 · October 5, 1994; City of Buffalo

When an employee of the City of Buffalo didn't know what the classification of a piece of private data was, did that constitute a violation of the minor child's rights by impeding access to government data and not apply…

Copy costs Data subjects Educational data Law enforcement data #Challenge accuracy and completeness of data #Flat or standard fee #Juveniles (260.161 / 260B.171) #Law enforcement data #Operating expenses excluded

Advisory Opinion 94-039 94-039

October 5, 1994 · October 5, 1994; Wright County

When the Wright County Attorney's Office issued the petition on May 18, 1994, which included the Buffalo Police Report and not the custodial parent's Minnesota Data Practices Act Request of May 6, 1994, did that office …

Copy costs Data subjects #Challenge accuracy and completeness of data #No charge to search/retrieve/redact

Advisory Opinion 94-024 94-024

June 14, 1994 · June 14, 1994; University of Minnesota

Is the Program in Human Sexuality improperly denying X access to data maintained about him?

Data subjects Response to data requests #Commissioner of Administration #Patient records (144.335, subd. 3a / 144.293)

Advisory Opinion 94-017 94-017

April 7, 1994 · April 7, 1994; Ramsey County

Whether your office is required by Minnesota Statutes Sections 13.03 and 13.04 to provide her with access to data concerning the County's collection and payment of child support to her?

Data subjects Response to data requests #Child support

Advisory Opinion 94-012 94-012

February 22, 1994 · February 22, 1994; Minnesota Health Data Institute

As to the non-government providers and facilities which have to supply data on individual patients pursuant to the rules, is any relationship created which would require them to give the Tennessen Warning? In light of c…

Data subjects Educational data Tennessen warning #Consent to release #Health care providers (Chapter 62J) #Tennessen warning notice (13.04, subd. 2)

Advisory Opinion 94-007 94-007

January 27, 1994 · January 27, 1994; Ridgeview Medical Center

Are data about the births of children public data in a public hospital? In his response, Mr. Melchert makes it clear that Ridgeview's position on the release of birth data is not a function of an interpretation of the 1…

Data subjects Government Data

Advisory Opinion 94-003 94-003

January 4, 1994 · January 4, 1994; City of Waseca

Did the police department violate Minnesota Statute Section 13.04, Subdivision 3 by refusing to provide Y all of the records regarding X within the five day timeline, which began to run on October 9, 1992? Was the polic…

Data subjects Educational data Law enforcement data #Data access to data subject #Informed of existence/classification #Subject's right to know #Victim access to active investigative data (13.82, subd. 13 / subd. 6)

Advisory Opinion 94-002 94-002

January 4, 1994 · January 4, 1994; School District 829 (Waseca)

Did ISD 829 or its attorney(s) violate the provisions of Minnesota Statutes Section 13.04, Subd. 3 by denying X's parent his full educational records within the timelines required by law? Did ISD 829 violate the provisi…

Data subjects #Challenge accuracy and completeness of data

Advisory Opinion 94-001 94-001

January 4, 1994 · January 4, 1994; School District 829 (Waseca)

Did ISD 829 violate the rights of Mr. Hay by denying him immediate access to the school records of the children without, in any way, on the date when he requested the records, stating any reason for the denial. Minnesot…

Data subjects Response to data requests #Advocates - access to data

Advisory Opinion 93-009 93-009

December 3, 1993 · December 3, 1993; Minnesota Department of Education

In your view, was it a responsibility of the Minnesota Department of Education to review compliance with Chapter 13, as well as compliance with FERPA? Did the Minnesota Department of Education violate the law by failing…

Data subjects Policies and Procedures Response to data requests #Data subject rights of access procedures (13.05, subd. 8)/(13.025, subd. 3) #Department of Education

Advisory Opinion 93-007 93-007

November 29, 1993 · November 29, 1993; Minnesota Department of Education

Did the Minnesota Department of Education violate the Minnesota Government Data Practices Act by failing to provide the contents of a closed investigative file within the timelines required by the Act? (Minn. Stat. Sec.…

Data subjects Response to data requests #Commissioner of Administration

Advisory Opinion 93-005 93-005

November 12, 1993 · November 12, 1993; School District 287 (Hennepin Intermediate)

Do the actions of either District, in failing to ensure that parents received a copy of the records within the timelines of Chapter 13, constitute a violation of that law, including a failure to explain access procedure…

Data subjects Policies and Procedures Response to data requests #Data subject rights of access procedures (13.05, subd. 8)/(13.025, subd. 3)

Advisory Opinion 93-004 93-004

November 12, 1993 · November 12, 1993; Minnesota River Valley Special Education Cooperative

Did the school district violate Minnesota Statutes Section 13.04, Subd. 3 by failing to provide a copy of the statement to X's parents after their verbal and written requests for same? Does the state Department of Admin…

Data subjects Educational data Tennessen warning #Commissioner of Administration #Purpose of notice - informed choice

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