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12-012

Advisory Opinion 12-012

July 11, 2012; Wabasha County

Published July 11, 2012
Data subjects Government Data
Opinion Brief AI-Generated

Background & Issues

An anonymous donor sent a check to Wabasha County for a specific purpose, and an individual later requested a copy of the check or the donor's identity. The county asked the Commissioner whether the donor's name and the information on the check are classified as public data.

Commissioner Decision

The Commissioner decided that both the donor's name and the details contained on the check are public data, despite the donor's request to remain anonymous.

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 12-012 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, the Commissioner's opinion on the issue Mr. Plante raised is as follows:

Pursuant to Minnesota Statutes, Chapter 13, the following data maintained by Wabasha County are presumptively public: the name of a donor to the County, who wishes to remain anonymous, and data contained in the donor's check.
Advisory Opinion 12-012

July 11, 2012; Wabasha County

7/11/2012 10:14:43 AM

This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2011). It is based on the facts and information available to the Commissioner as described below.

Facts and Procedural History:

On May 24, 2012, the Information Policy Analysis Division (IPAD) received a letter from Michael Plante, attorney for Wabasha County. In his letter, Mr. Plante asked the Commissioner to issue an advisory opinion regarding the classification of certain data the County maintains.

A summary of the facts follows. According to Mr. Plante, a donor, who wished to remain anonymous, sent a check to the County for a specific purpose. Subsequently, an individual made a data request for the donor's identity or a copy of the check.

Issue:

Based on Mr. Plante's opinion request, the Commissioner agreed to address the following issue:

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data maintained by Wabasha County?

  • The name of a donor to the County, who wishes to remain anonymous, and data contained in the donor's check

Discussion:

Pursuant to Minnesota Statutes, section 13.03, subdivision 1, government data are public unless otherwise classified. Mr. Plante wrote:

The County has also reviewed Advisory Opinion 10-018 which, in part, reviews the applicability of Minnesota Statutes [section] 13.792. That Statute classifies, as not public, certain gift data maintained by several specific organizations, i.e., the Minnesota Zoological Garden, the University of Minnesota, the Minnesota State Colleges and Universities, the Twin Cities Regional Parks Foundation, and State Services for the Blind. The statute also specifically states that names of donors and gift ranges are public data. However, it is Wabasha County's belief that is [sic] not one of the entities that was intended to be covered by section 13.792.

Additionally, the County recognizes that Minnesota Statutes, section 15.17, requires that government entities create and maintain records that document their official activities. Under section 15.17, these data are records necessary to a full and accurate knowledge of [the entity's] official activities and, as such, should be maintained by the County.

With this information in mind it is the County's belief that the data in question is presumptively a public document. However, the County is requesting an opinion as to whether the County is subject to Minnesota Statute 13.792 and whether or not it can accept a donation from a donor that is requesting to remain anonymous.

As Mr. Plante noted, Minnesota Statutes, section 13.792, classifies certain data maintained by several specific entities; Wabasha County is not one of them. Accordingly, the data in question are presumptively public. However, given that some of the data relate to the donor's checking account and bank routing numbers, the County might want to consider whether Minnesota Statutes, section 13.37, subdivision 1(a), applies to those data.

Opinion:

Based on the facts and information provided, the Commissioner's opinion on the issue Mr. Plante raised is as follows:

Pursuant to Minnesota Statutes, Chapter 13, the following data maintained by Wabasha County are presumptively public: the name of a donor to the County, who wishes to remain anonymous, and data contained in the donor's check.

Signed:

Spencer Cronk
Commissioner

Dated: July 11, 2012