MN Data Practices Advisory Opinions Archive

May 23, 2003 · May 23, 2003; City of Minneapolis

Pursuant to Minnesota Statutes, Chapter 13, is it appropriate for a government entity to release responses to Requests for Proposals (RFPs) with the informed consent of businesses responding to the RFP?

Business Data Data subjects Data subjects Educational data Educational data Informed consent #Data not on individuals #Informed consent #Organizations #RFP (request for proposals/request for bids

Advisory Opinion 03-012 03-012

May 7, 2003 · May 7, 2003; Hennepin County

Pursuant to Minnesota Statutes, section 13.04, did Hennepin County respond in a timely manner to a January 27, 2003, request to review government data? Pursuant to Minnesota Statutes, Chapter 13, is it appropriate for H…

Data subjects Educational data Informed consent #Informed consent

Advisory Opinion 03-010 03-010

April 23, 2003 · April 23, 2003; School District 284 (Wayzata)

Pursuant to Minnesota Statutes, Chapter 13, are videotapes of School District extracurricular athletic contests and/or school hallways government data, where they are created and maintained by agents of the District? As…

Data subjects Educational data Informed consent Multiple data subjects Personnel data #Implied vs. written #Multiple data subjects #Photos, videotapes #Regardless of physical form #Videotape of public event

+1 more

#Videotapes

Advisory Opinion 03-006 03-006

March 12, 2003 · March 12, 2003; School District 709 (Duluth)

Pursuant to Minnesota Statutes, Chapter 13, does the memorandum contain private personnel data on employees of Independent School District 709, Duluth? Pursuant to Minnesota Statutes, Chapter 13, is the District require…

Educational data Multiple data subjects Personnel data Redaction #Determine data subject case by case #Entity determines redaction #Harassment data (13.43, subd. 8) #Multiple data subjects

Advisory Opinion 02-045 02-045

November 18, 2002 · November 18, 2002; Itasca County

Pursuant to Minnesota Statutes, Chapter 13, did Itasca County inappropriately release private data about employee

Data subjects Data subjects Educational data Educational data Personnel data Tennessen warning Tennessen warning #Applicant data #Attorney-client privilege (595.02) #Employment setting #Finalist for public employment (13.43, subd. 3) #Limitation on collection/use of data (13.05, subd. 4)

+2 more

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

Advisory Opinion 02-044 02-044

November 15, 2002 · November 15, 2002; Lake Minnetonka Conservation District

Pursuant to Minnesota Statutes, Chapter 13, did the Lake Minnetonka Conservation District (LMCD) inappropriately release to a Board member the identity of an individual who complained about possible violations of LMCD r…

Data subjects Educational data Tennessen warning #Property complaint data (13.44) #Volunteering data vs. request to supply data #Work assignment reasonably requires access (1205.0400, 1205.0600)

Advisory Opinion 02-042 02-042

November 12, 2002 · November 12, 2002; Rice County

Pursuant to Minnesota Statutes, Chapter 13, did Rice County respond appropriately to a July 22, 2002, request for access to data?

Data subjects Educational data Legislative authority and intent Multiple data subjects #Access by data subject or parent #Data incidental to the data subject #Parent access to data on child #Parent access to data on other parent #Social services/welfare data

+1 more

#Spouse access to other spouse’s data

Advisory Opinion 02-037 02-037

October 7, 2002 · October 7, 2002; School District 761 (Owatonna)

Pursuant to Minnesota Statutes, Chapters 13 and 245, may Independent School District 761, Owatonna, as part of a grant application for funds related to implementation of a children's mental health collaborative, provide…

Data sharing Educational data #Children mental health collaborative #Children's mental health collaborative #Combining data elements may uniquely identify an individual #MARSS (MN Automated Reporting Student System)

Advisory Opinion 02-033 02-033

September 11, 2002 · September 11, 2002; School District 333 (Ogilvie)

Pursuant to Minnesota Statutes, section 13.04, was Independent School District 333, Ogilvie, required to provide a Tennessen Warning to X and Y when it asked them to submit a complaint in writing? Pursuant to Minnesota …

Closed meetings Educational data Open Meeting Law Tennessen warning #Educational data #Open meeting #Purpose of notice - informed choice

Advisory Opinion 02-027 02-027

July 29, 2002 · July 29, 2002; School District 284 (Wayzata)

Pursuant to Minnesota Statutes, section 13.03, did Independent School District 284, Wayzata, respond appropriately to a request for copies for the following data:

Educational data Response to data requests

Advisory Opinion 02-019 02-019

May 6, 2002 · May 6, 2002; School District 2149 (Minnewaska)

Pursuant to Minnesota Statutes, Chapter 13, does the letter dated January 21, 2002, contain either private personnel data on any employee of Independent School District 2149, Minnewaska, or private educational data on a…

Data subjects Educational data Informed consent #Determination made by entity #Educational data #Parent of dependent adult student #Personnel data included (See also: Personnel data - educational data)

Advisory Opinion 02-018 02-018

April 29, 2002 · April 29, 2002; Washington County

Pursuant to Minnesota Statutes, Chapter 13, would the rights of a data subject be violated if Washington County contacted and disclosed to the Immigration and Naturalization Service private data about the data subject c…

Data subjects Educational data Tennessen warning #Immigration #Immigration status #Limitation on collection/use of data (13.05, subd. 4) #Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614)

Advisory Opinion 02-017 02-017

April 17, 2002 · April 17, 2002; School District 276 (Minnetonka)

Pursuant to Minnesota Statutes, Chapter 13, did School District 276, Minnetonka, respond appropriately to a January 24, 2002, request for access to data when it stated certain data are

Educational data Response to data requests

Advisory Opinion 02-015 02-015

April 5, 2002 · April 5, 2002; School District 1 (Minneapolis)

Does School District 1, Minneapolis, have an obligation to provide teaching staff with the Tennessen warning notice detailed in Minnesota Statutes, section 13.04, subdivision 2, concerning the collection and use of teac…

Data subjects Educational data Legislative authority and intent Tennessen warning #Consent needed for new use of data if notice was not given #Employment setting #Frequency in giving notice #Limitation on collection/use of data (13.05, subd. 4) #Passwords

+3 more

#Tennessen warning and federal Privacy Act notices required #Tennessen warning notice #Volunteering data vs. request to supply data

Advisory Opinion 02-007 02-007

March 11, 2002 · March 11, 2002; School District 276 (Minnetonka)

Pursuant to Minnesota Statutes, Chapter 13, did School District 276, Minnetonka, respond appropriately to a January 11, 2002, request for access to public data about a District employee?

Educational data Personnel data

Advisory Opinion 02-006 02-006

February 28, 2002 · February 28, 2002; School District 728 (Elk River)

Pursuant to Minnesota Statutes, Chapter 13, did Independent School District 728, Elk River, respond appropriately to a request for access to the following data: surveys entitled

Data subjects Educational data Educational data Educational data Elected and appointed officials Tennessen warning #13.601 #Correspondence with elected officials #Educational data #Survey responses #Tennessen warning notice (13.04, subd. 2)

Advisory Opinion 02-002 02-002

January 10, 2002 · January 10, 2002; Metropolitan Council

Pursuant to Minnesota Statutes, Chapter 13, did the Metropolitan Council improperly disclose data about an employee?

Data subjects Educational data Tennessen warning #Employment setting #Promise of confidentiality

Advisory Opinion 02-001 02-001

January 7, 2002 · January 7, 2002; School District 281 (Robbinsdale)

Will Independent School District 281, Robbinsdale, violate FERPA if it releases all documentation, including an investigative report, which contains private education records/educational data regarding the student victi…

Educational data #Department of Education #FERPA (Federal Education Rights and Privacy Act) #Release of education data to Dept of Education

Advisory Opinion 01-088 01-088

October 31, 2001 · October 31, 2001; Minnesota Catholic Conference

Pursuant to Minnesota Statutes, Chapter 13, are Minnesota private/nonpublic schools government entities subject to Chapter 13 regulation and therefore subject to section 13.32, subdivision 5a?

Educational data #Private schools

Advisory Opinion 01-081 01-081

October 5, 2001 · October 5, 2001; School District 194 (Lakeville)

Pursuant to Minnesota Statutes, Chapter 13, may Independent School District 194, Lakeville, provide to the Lakeville Police Department, in connection with a report of a possible crime, the following data, without consen…

Data subjects Data subjects Educational data Educational data Personnel data Tennessen warning Tennessen warning #Criminal charges against employee #Employment setting #Law enforcement #Limitation on collection/use of data (13.05, subd. 4)

Advisory Opinion 01-078 01-078

September 28, 2001 · September 28, 2001; School District 279 (Osseo)

Since Minnesota Statutes section 13.32, subdivision 5a mandates the release of data regardless of whether it is designated as

Educational data Legislative authority and intent #Authority to regulate data practices #Directory information #Educational data #FERPA (Federal Education Rights and Privacy Act) #Military recruiters

Advisory Opinion 01-060 01-060

July 26, 2001 · July 26, 2001; School District 625 (St. Paul)

Pursuant to Minnesota Statutes, Chapter 13, did School District 625, St. Paul, inappropriately disseminate data about student X to X's peers?

Educational data #Entity comments

Advisory Opinion 01-056 01-056

June 28, 2001 · June 28, 2001; School District 11 (Anoka-Hennepin)

Pursuant to Minnesota Statutes, Chapter 13, did Independent School District 11, Anoka-Hennepin, respond appropriately to a May 12, 2001, request for a fee waiver, on the basis of financial hardship, of a photocopy charg…

Copy costs Educational data #Copy charge is optional for entity #Special education/students with disabilities/IDEA

Advisory Opinion 01-053 01-053

June 20, 2001 · June 20, 2001; School District 834 (Stillwater)

Pursuant to Minnesota Statutes, Chapter 13, did School District 834, Stillwater, respond appropriately to a request for the following data regarding school expulsions: age, grade level, sex, home town, race, and the act…

Educational data Summary data #Combining data elements may uniquely identify an individual #Expulsion #Summary data

Advisory Opinion 01-049 01-049

June 4, 2001 · June 4, 2001; School District 11 (Anoka-Hennepin)

Pursuant to Minnesota Statutes, Chapter 13, may Independent School District 11, Anoka-Hennepin, include a $32.00 per hour fee for labor in its charges for copies of government data, as detailed in letters dated April 9,…

Copy costs Educational data

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