MN Data Practices Advisory Opinions Archive

January 31, 1997 · January 31, 1997; Carver County

Is it appropriate, pursuant to Minnesota Statutes Section 13.03, subdivision 3, for Carver County to charge a fee for inspection of public data? Has Carver County responded to a request for access to public data within …

Copy costs Litigation #Data involved in litigation #Prepayment

Advisory Opinion 96-054 96-054

December 4, 1996 · December 4, 1996; Douglas County

Would the statutory rights of a data subject be violated if, in upholding the obligation to report health information to an agency, a provider did not document the report in the patient's health record as the report of …

Legislative authority and intent #Health care record, defined #Health records #Patient records (144.335, subd. 3a / 144.293)

Advisory Opinion 96-044 96-044

October 23, 1996 · October 23, 1996; Minnesota Department of Labor and Industry

Does Mr. Lennes, on behalf of his client Builders Staff Corporation, have the right to gain access to Minnesota Department of Labor and Industry data provided by the California Department of Industrial Relations that re…

Civil investigative data Litigation #Civil investigative data (13.39) #Other states' laws #Pending legal actions

Advisory Opinion 96-040 96-040

September 4, 1996 · 09/04/1996; Olmsted County

Does K have the right to gain access to all of the data of which K is the subject, related to K's child support case, maintained by Olmsted County?

Attorney data #Child support #County attorney #Regardless of physical form

Advisory Opinion 96-038 96-038

August 14, 1996 · August 14, 1996; St. Paul Technical College

Has an individual's right to gain access to government data been violated when, in response to a request for access to public data, a government entity takes the position that, because the requestor has initiated a laws…

Attorney data Legislative authority and intent Litigation #Attorney data #Discovery (13.03, subd. 6; 1205.0100, subpart 5) #Request for data through attorney

Advisory Opinion 96-029 96-029

July 12, 1996 · July 12, 1996; Hennepin County

What is the classification of certain data (see numbers 1 through 7 of Rose Farley's April 10, 1996, letter) collected, created, received, or maintained by the Hennepin County Adult Corrections Facility (Hennepin County…

Statutory construction (Ch. 645) #Legislative intent (645.16) #Personal/psychological data defined

Advisory Opinion 96-013 96-013

March 21, 1996 · March 21, 1996; Minnesota Office of Environmental Assistance

Has OEA complied with its obligation, under Minnesota Statutes Chapter 13, to provide Mr. Young with access to the following: any and all data, including reports, correspondence, memoranda, etc., which relate to the Com…

Response to data requests Statutory construction (Ch. 645) #Definition of prompt or reasonable time #Draft documents #Words and phrases construed (645.08)

Advisory Opinion 96-012 96-012

March 14, 1996 · March 14, 1996; Minnesota Department of Natural Resources

Is Mr. Spaulding entitled to gain access to the data he requested? What is DNR's obligation under Minnesota Statutes Chapter 13 to respond to Mr. Spaulding's request?

Data subjects Response to data requests Statutory construction (Ch. 645) #Definition of prompt or reasonable time #Informed of existence/classification #Words and phrases construed (645.08)

Advisory Opinion 96-011 96-011

March 6, 1996 · March 6, 1996; Minnesota Department of Human Services

Pursuant to Minnesota Statutes Section 13.05, subdivision 4, and Minnesota Rules Part 1205.1300, how may DHS use and/or disseminate the data which relate to K's commitment as a minor, contained on the

Data subjects Educational data Law enforcement data Legislative authority and intent Tennessen warning Welfare data #Authority to regulate data practices #Classification at time of request, controls access (13.03, subd. 9) #Commitment pre-petition screening #Firearms background check #Limitation on collection and use of private/confidential data (13.05, subd. 4)

+2 more

#State hospital directory information #Tennessen warning notice (13.04, subd. 2)

Advisory Opinion 96-006 96-006

January 30, 1996 · January 30, 1996; Minnesota Department of Natural Resources

Has the Minnesota Department of Natural Resources complied with the public access requirements of Minnesota Statutes Chapter 13 when a member of the public requested access to government data and, after approximately te…

Inspection Response to data requests Statutory construction (Ch. 645) #Definition of prompt or reasonable time #Reasonable time and place (1205.0300, subp. 3) #Words and phrases construed (645.08)

Advisory Opinion 96-002 96-002

January 16, 1996 · January 16, 1996; City of Mahtomedi

Upon responding to a request for access to data by a data subject, is it appropriate, pursuant to Chapter 13, for a government entity to withhold entire documents because those documents apparently contain private or co…

Educational data Legislative authority and intent Multiple data subjects Personnel data #Complainant identity #Data subject access #Data subject access to personnel data #Harassment data (13.43, subd. 8) #Inextricably intertwined data (See also: Northwest Publications, Inc. v. City of Bloomington, 499 N.W.2d 509)

+2 more

#Multiple data subjects #Public and not public data

Advisory Opinion 95-050 95-050

December 1, 1995 · December 1, 1995; City of Brooklyn Park

What is the classification of data collected and maintained by the City of Brooklyn Park's Housing Inspection Division (e.g. data relating to the Division's enforcement of city ordinances and laws regulating housing mai…

Civil investigative data Licensing data Statutory construction (Ch. 645) #Civil investigative data (13.39) #Housing inspection data #Later enacted statute #Licensing data (13.41)

Advisory Opinion 95-049 95-049

November 29, 1995 · November 29, 1995; Olmsted County

If Olmsted County Community Services maintains data about an individual, are legally authorized representatives of that individual entitled to gain access to those data, upon request, pursuant to Minnesota Statutes Chap…

Attorney data Data subjects Educational data #County attorney #Informed consent

Advisory Opinion 95-045 95-045

November 9, 1995 · November 9, 1995; School District 792 (Long Prairie-Grey Eagle)

Is the District obligated to release to the public its attorney's investigator's report concerning alleged misconduct by a District employee?

Attorney data Personnel data #Investigator/interview notes #Notice of deficiency #Specific reasons and data documenting basis for action #Work product

Advisory Opinion 95-042 95-042

October 31, 1995 · October 31, 1995; Minnesota Department of Children, Families and Learning

Are the following data public: A

Inspection Response to data requests Statutory construction (Ch. 645) #Definition of prompt or reasonable time #Reasonable time and place (1205.0300, subp. 3) #Words and phrases construed (645.08)

Advisory Opinion 95-040 95-040

September 21, 1995 · September 21, 1995; Tri-County Solid Waste Commission

Is a written proposal for settlement of litigation, which has been submitted to the Tri-County Solid Waste Commission, government data? If the settlement proposal is government data, is it classified as not public by an…

Attorney data Civil investigative data Litigation #Attorney data #Civil investigative data (13.39) #Government data (13.02, subd. 7) #Joint powers agreements/entities (471.59) #Settlement proposals

+1 more

#Statewide system

Advisory Opinion 95-039 95-039

September 12, 1995 · September 12, 1995; University of Minnesota

Does the

Personnel data Statutory construction (Ch. 645) #Promise of confidentiality #Settlement agreements #Words and phrases construed (645.08)

Advisory Opinion 95-033 95-033

July 27, 1995 · July 27, 1995; Minnesota Office of Administrative Hearings

Must the Office of Administrative Hearings provide Mr. Vail with access to data that provide the basis for the issuance of an

Litigation #Office of administrative hearings OAH #Traveling data #Workers' compensation

Advisory Opinion 95-030 95-030

June 26, 1995 · June 26, 1995; City of Roseau

Pursuant to Minnesota Statutes Section 13.03, what is the City's obligation to provide public access to three-year-old City council meeting minutes? Pursuant to Section 13.08, must a person who is denied access to publi…

Legislative authority and intent #Administrative remedies - exhaustion #Public access procedures #Responsible authority

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 95-018 95-018

April 18, 1995 · April 18, 1995; City of Bigfork

Are the data contained in the Bigfork Municipal Liquor Store's inventory and sales report classified as trade secret data pursuant to Minnesota Statutes Section 13.37, subdivision 1 (b), and therefore, not public data?

Legislative authority and intent Trade secret #Supplied by the affected individual or organization #Trade secrets

Advisory Opinion 95-017 95-017

April 13, 1995 · April 13, 1995; City of Moorhead

Are the data on pages 2, 6, 7, 12, 14-19, 21, 22, and 25-56 of the Deloitte-Touche Financial Feasibility Study, and also the data in the November 1994 Financial Statements for Envirosys, classified as trade secret infor…

Legislative authority and intent Trade secret #Economic development assistance data(13.594 / 13.62); (13.5951 / 13.621); (13.5952 / 13.622); (13.5953 / 13.671); (13.596 / 13.76) #Efforts to maintain secrecy (subd. 1(b)) #Purpose of process #Temporary classifications

Advisory Opinion 95-013 95-013

March 13, 1995 · March 13, 1995; School District 270 (Hopkins)

Are data contained in a school board member's telephone log, which pertain to school board business, public government data?

Elected and appointed officials Legislative authority and intent #13.601 #Accountability of government #Correspondence with elected officials #Location of data #Location of data

+2 more

#Presumption of openness #Telephone records/bills

Advisory Opinion 95-006 95-006

February 2, 1995 · February 2, 1995; City of Bloomington

Has the City of Bloomington violated provisions of Minnesota law that require government entities to respond to requests for access to data within a certain time frame?

Response to data requests Statutory construction (Ch. 645) #Definition of prompt or reasonable time #Public and not public data #Public document/annual report (13.05, subd. 1 and 1205.1200) #Words and phrases construed (645.08)

Advisory Opinion 95-004 95-004

January 26, 1995 · January 26, 1995; Dakota County

May detention photos (

Law enforcement data Legislative authority and intent Statutory construction (Ch. 645) #Advisory Opinions #Booking photos #Mug shots #Purpose #Words and phrases construed (645.08)

Advisory Opinions Library