MN Data Practices Advisory Opinions Archive

February 10, 1994 · February 10, 1994; City of Minneapolis

Does Minnesota Statutes Section 13.31 bar the release of the addresses of real property owned by the Minneapolis Public Housing Agency?

Welfare data #Benefit data #Indirect identification of individuals

Advisory Opinion 94-008 94-008

February 2, 1994 · February 2, 1994; School District 276 (Minnetonka)

Educational data

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 94-006 94-006

January 20, 1994 · January 20, 1994; Minnesota Department of Public Safety

Would you state if you agree with Commissioner Jordan's interpretation of the Minnesota Data Practices Act?

Civil investigative data Personnel data #Chief attorney has substantial discretion to determine #Civil investigative data (13.39) #Disciplinary action not taken, data not public #Final disposition of disciplinary action

Advisory Opinion 94-005 94-005

January 10, 1994 · January 10, 1994; Steele County

Was Steele County's response to X's request the response contemplated by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and hereinafter

Response to data requests

Advisory Opinion 94-004 94-004

January 6, 1994 · January 6, 1994; Crow Wing County

Are the long distance telephone billing records of a county employee public data?

Government Data #Telephone records/bills

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 93-012 93-012

December 30, 1993 · December 30, 1993; School District 624 (White Bear Lake)

Must the school district provide X's parents a copy of a report or notes about an incident/dispute involving their child and family which was created by a school district employee? Minn. Stat. Sec. 13.04, Subd. 3.

Educational data #Instructional personnel #Notes, #Parent data

Advisory Opinion 93-011 93-011

December 20, 1993 · December 20, 1993; School District 504 (Slayton)

Whether the identity of the individual, known only to Superintendent Smit and not existing in any physical form, is not classified as

Personnel data #Mental impressions (Keezer v. Spickard, 493 N.W.2d 614) #Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614)

Advisory Opinion 93-010 93-010

December 9, 1993 · December 9, 1993; School District 112 (Chaska)

Upon final disposition of the disciplinary action (receipt of the Arbitrator's decision), does the Notice of Deficiency become public data? Is the decision of the Arbitrator public? If so, must the District remove the n…

Personnel data Redaction #Arbitrator decision or award #Notice of deficiency #Redaction (See also: Multiple data subjects; Separation of data) #Specific reasons and data documenting basis for action

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 93-008 93-008

November 29, 1993 · November 29, 1993; School District 281 (Robbinsdale)

Did School District No. 281 violate the provisions of the Minnesota Government Data Practices Act (Minn. Stat. Sec. 13.03, Subd. 3, 13.04, Subdivision 3, and 13.05, Subd. 8 and Minn. Stat. Sec. 13.32) by its failure to …

Educational data #Harassment claims, investigations

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 93-006 93-006

November 29, 1993 · November 29, 1993; Minnesota Office of Administrative Hearings

Is the Minnesota Government Data Practices Act or FERPA an issue, in your view, that should be heard as part of a due process hearing conducted pursuant to Minn. State. Sec. 120.17, Subd. 3b or does your office concur w…

Educational data #FERPA (Federal Education Rights and Privacy Act) #Office of Administrative Hearings #Office of administrative hearings OAH

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

Advisory Opinion 93-003 93-003

October 15, 1993 · October 15, 1993; University of Minnesota

Do videotapes that trigger an investigation that ultimately leads to discipline of a public employee, and which are referred to as grounds for the disciplinary action, constitute 'public data' under the Minnesota Govern…

Civil investigative data Personnel data Statutory construction (Ch. 645) #Absurd or unreasonable result (645.17) #Civil investigative data (13.39) #Civil investigative data (13.39) #Specific reasons and data documenting basis for action

Advisory Opinion 93-002 93-002

September 9, 1993 · September 9, 1993; St. Louis County

Were the names of the three candidates for the position of St. Louis County Administrator public data on August 11, 1993, the date the Mesabi Daily News requested those names from the County?

Legislative authority and intent Personnel data #Applicants for employment #Candidates for employment #Finalist for public employment (13.43, subd. 3)

Advisory Opinion 93-001 93-001

August 24, 1993 · August 24, 1993; City of Edina

Government Data #Grand jury subpoenas (federal)

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