MN
Data Practices Archive Minnesota Advisory Opinions
Not legal advice. This is an independent research archive, not affiliated with or endorsed by the State of Minnesota, the Department of Administration, or its Data Practices Office. Content here is for informational and educational purposes only — its creator is not an attorney, and no content has been reviewed by one. Always contact your own attorney before making a decision based on anything here. Full disclaimer · About this site · Report an issue
← Back to opinion list
← Opinion 02-042 Opinion 02-044 →
02-043

Advisory Opinion 02-043

November 14, 2002; McLeod County

Published November 14, 2002
Government Data
Opinion Brief AI-Generated

Background & Issues

McLeod County compiled a digital catalog of photographs of homes in the county taken from public roadways. The county GIS director asked how these photographs are classified and whether they could be shared with county offices, released to the general public, or posted on the internet.

Commissioner Decision

The Commissioner decided that the digital photographs of homes maintained by the county are public data.

Automated synopsis generated for quick reference only — it has not been reviewed word-for-word against the official record and is not legal advice. Always review the full opinion text below for the Commissioner's actual determination, or see the original document on mn.gov. Think this summary misstates the opinion? Report it.

Full Text of Advisory Opinion 02-043 Reproduced as published by the Minnesota Department of Administration · retrieved from mn.gov on August 21, 2026
Excerpted Ruling / Conclusion
Based on the facts and information provided, my opinion on the issue that Mr. Christensen raised is as follows:
Pursuant to Minnesota Statutes, Chapter 13, the following data that McLeod County maintains are public: digital photographs of homes in McLeod County.
Advisory Opinion 02-043

November 14, 2002; McLeod County

11/14/2002 10:14:43 AM

This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data Practices Act. It is based on the facts and information available to the Commissioner as described below.


Facts and Procedural History:

On November 4, 2002, IPAD received a letter dated same from Christian Christensen, the McLeod County GIS Director. In his letter, Mr. Christensen asked the Commissioner to issue an advisory opinion regarding the classification of certain data the County maintains.

A summary of the facts is as follows. Mr. Christensen wrote:

McLeod County is assembling a digital catalog of photos of the homes in McLeod County. The photos have been taken from the public roadway as to not create a physical trespass issue. I am requesting an advisory opinion regarding the release of these photos to offices of McLeod County, the general public, and possibly making them accessible through the internet.

Issue:

In his request for an opinion, Mr. Christensen asked the Commissioner to address the following issue:

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data that McLeod County maintains: digital photographs of homes in McLeod County?

Discussion:

Pursuant to Minnesota Statutes, section 13.03, subdivision 1, all government data are public unless otherwise classified by state or federal law.

In the case at hand as Mr. Christensen presented it, the Commissioner is not aware of any provision in Chapter 13 or another statute classifying the data in question. Therefore, the photographs are public.

Opinion:

Based on the facts and information provided, my opinion on the issue that Mr. Christensen raised is as follows:

Pursuant to Minnesota Statutes, Chapter 13, the following data that McLeod County maintains are public: digital photographs of homes in McLeod County.

Signed:

David F. Fisher
Commissioner

Dated: November 14, 2002