MN Data Practices Advisory Opinions Archive

May 30, 2019 · May 30, 2019; Office of Higher Education

The Office of Higher Education (OHE) asked about the classification of certain program review data it maintained on a private/out-of-state university. The Commissioner opined that while the OHE is conducting the review …

Civil investigative data Educational data Trade secret #Civil investigative data (13.39) #Classification at time of request, controls access (13.03, subd. 9) #Classification of data #Education data #Educational data

+2 more

#Trade secrets #Trade secrets (13.37)

Advisory Opinion 15-007 15-007

December 22, 2015 · December 22, 2015, Washington County

a county asked whether it could classify certain appraisal data as confidential or protected nonpublic under Minnesota Statutes, section 13.39. A county prepared a second appraisal for a condemnation/eminent domain acti…

Civil investigative data #Appraisals (13.44) #Civil investigative data (13.39)

Advisory Opinion 06-024 06-024

August 17, 2006 · August 17, 2006; Metropolitan Airports Commission

Did the Metropolitan Airports Commission comply with Minnesota Statutes, Chapter 13, regarding several requests, beginning April 19, 2002, for access to certain invoices for legal fees?

Attorney data Civil investigative data #Chief attorney has substantial discretion to determine #Work product

Advisory Opinion 06-019 06-019

June 9, 2006 · June 9, 2006; Minnesota Department of Labor and Industry

Did the Minnesota Department of Labor and Industry comply with Minnesota Statutes, Chapter 13, regarding a December 13, 2005, request for access to data?

Civil investigative data #Labor and Industry Department #Taxation data

Advisory Opinion 06-006 06-006

February 24, 2006 · February 24, 2006; Minnesota Department of Revenue

Did the Minnesota Department of Revenue comply with Minnesota Statutes, Chapter 13, in responding to a June 5, 2005, request for access to data relating to an investigation?

Civil investigative data Response to data requests

Advisory Opinion 05-041 05-041

December 28, 2005 · December 28, 2005; City of Hopkins

Did the City of Hopkins comply with Minnesota Statutes, Chapter 13, in responding to a data request for the 2004 study of the

Attorney data Civil investigative data #Statute of limitations expiration #Work product

Advisory Opinion 04-006 04-006

February 27, 2004 · February 27, 2004; Minnesota Board of Pharmacy

Pursuant to Minnesota Statutes, Chapter 13, did the Minnesota Board of Pharmacy respond appropriately to a December 22, 2003, request for access to the following data:

Civil investigative data Licensing data Requests for data #Chief attorney has substantial discretion to determine #Data request vs. question/inquiry #Only regulates data on individuals

Advisory Opinion 03-004 03-004

January 29, 2003 · January 29, 2003; Minnesota Board of Accountancy

Pursuant to Minnesota Statutes Chapter 13, what is the classification of the following data that the Minnesota Board of Accountancy maintains: data about an accounting firm relating to a complaint that the Board dismiss…

Civil investigative data Licensing data #Chief attorney has substantial discretion to determine #Licensing data (13.41) #Only regulates data on individuals

Advisory Opinion 01-041 01-041

May 1, 2001 · May 1, 2001; School District 281 (Robbinsdale)

Pursuant to Minnesota Statutes, Chapter 13, did Independent School District 281, Robbinsdale, respond appropriately to a data subject's request for access to data?

Attorney data Civil investigative data Data subjects Educational data #Attorney data #Civil investigative data (13.39) #Civil investigative data (13.39) #Education data #FERPA (Federal Education Rights and Privacy Act)

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#Harassment claims, investigations

Advisory Opinion 01-038 01-038

April 16, 2001 · April 16, 2001; School District 2169 (Murray County Central)

Pursuant to Minnesota Statutes, Chapter 13, did Murray County Central Schools respond appropriately to an April 12, 2000, request for access to data?

Civil investigative data Personnel data #Chief attorney has substantial discretion to determine #Civil investigative data (13.39) #Data subject rights of access procedures (13.05, subd. 8)/(13.025, subd. 3) #Teacher Tenure law (122A.40)

Advisory Opinion 01-022 01-022

February 7, 2001 · February 7, 2001; City of Maplewood

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data that the City of Maplewood maintains: data in a letter regarding a former city employee?

Civil investigative data Personnel data #Civil investigative data (13.39) #Notice of claim #Settlement agreements

Advisory Opinion 00-023 00-023

June 29, 2000 · June 29, 2000; Pope County

Pursuant to Minnesota Statutes, Chapter 13, did Pope County respond appropriately to an April 27, 2000, request for the following data: copies of correspondence from or to Enron Gas Company concerning the exposed gas li…

Civil investigative data #Civil investigative data (13.39)

Advisory Opinion 00-003 00-003

February 15, 2000 · February 15, 2000; Minnesota Department of Labor and Industry

Would X's rights be violated if the Minnesota Department of Labor and Industry (DOLI) disseminated to the public, data about him/her contained in the following documents: 1) an Amended Order to Comply and Penalty Assess…

Civil investigative data #Civil investigative data (13.39)

Advisory Opinion 99-029 99-029

September 10, 1999 · September 10, 1999; University of Minnesota

Pursuant to Minnesota Statutes, Chapter 13, did the University of Minnesota properly withhold from the public certain data contained in a report entitled

Civil investigative data Educational data #Chief attorney has substantial discretion to determine #Civil investigative data (13.39) #Personnel data included (See also: Personnel data - educational data)

Advisory Opinion 99-016 99-016

June 18, 1999 · June 18, 1999; Minnesota State College and University System

Pursuant to Minnesota Statutes, Chapter 13, did the Minnesota State Colleges and Universities (MnSCU) appropriately deny access to data based on section 13.39, civil investigative data?

Civil investigative data Personnel data #Civil investigative data (13.39) #Identification of chief attorney

Advisory Opinion 98-042 98-042

September 2, 1998 · September 2, 1998; Minnesota Pollution Control Agency

Pursuant to Minnesota Statutes Chapter 13 and Section 181.932, would the rights of certain Koch Refining Company employees be violated if the Minnesota Pollution Control Agency released, to the public, data contained in…

Civil investigative data Data subjects Educational data Statutory construction (Ch. 645) Tennessen warning Tennessen warning #Absurd or unreasonable result (645.17) #Individual vs. person (13.02, subd. 4, 5 and 10) #Law enforcement agencies exempt #Limitation on collection/use of data (13.05, subd. 4) #Pollution Control Agency

+2 more

#Tennessen and whistleblower law #Whistleblowers (181.932)

Advisory Opinion 98-017 98-017

April 17, 1998 · April 17, 1998; City of Eagan

Was an individual's right to gain access to public data, pursuant to Minnesota Statutes Chapter 13, violated because the City of Eagan denied her access to the following data: appraisals prepared for the Oak Chase Addit…

Civil investigative data #Chief attorney has substantial discretion to determine #Relationship to Chapter 13

Advisory Opinion 97-025 97-025

May 30, 1997 · May 30, 1997; University of Minnesota

Has the University of Minnesota responded appropriately, pursuant to Minnesota Statutes Chapter 13, to Mr. Lamphere's December 23, 1996, request for access to data? Has the University of Minnesota responded appropriatel…

Civil investigative data Copy costs Existence of data Response to data requests #Civil investigative data (13.39) #Internal audit #Requestor must be informed

Advisory Opinion 97-014 97-014

April 1, 1997 · April 1, 1997; City of Northfield

What is the classification of the data contained in a letter from the Rice County Attorney to the City of Northfield Police Chief regarding the City's handling of a recent murder investigation?

Civil investigative data Law enforcement data

Advisory Opinion 96-057 96-057

December 11, 1996 · December 11, 1996; Minnesota Department of Labor and Industry

Pursuant to Minnesota Statutes Chapter 13, is Mr. Claypatch entitled to gain access to copies of the certified payroll records of Total Fire Protection, Inc., on the Byrne and Neil elementary school projects?

Civil investigative data Records management/retention #Civil investigative data (13.39) #Labor and Industry Department #Records retention schedule

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 95-054 95-054

December 20, 1995 · December 20, 1995; City of Minneapolis

May the Minneapolis Public Housing Authority treat the survey of family housing project residents as civil investigative data, pursuant to Minnesota Statutes Section 13.39?

Civil investigative data #Civil investigative data (13.39)

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 95-048 95-048

November 20, 1995 · November 20, 1995; City of Lauderdale

Are the data contained in the itemized legal bills, from January 1995 to the present, from the law firm of Holmes and Graven [sic] to the City of Lauderdale, public data?

Civil investigative data #Billing statements #Chief attorney has substantial discretion to determine

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

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