MN Data Practices Advisory Opinions Archive

November 12, 2003 · November 12, 2003; School District 832 (Mahtomedi)

Pursuant to Minnesota Statutes, Chapter 13, is Independent School District 832, Mahtomedi, required to respond to multiple requests for data from an individual who is requesting data of which the individual or his/her c…

Copy costs Litigation Requests for data Standing requests Tennessen warning #Burdensome or harassing #Copy inspection hybrid #Data involved in litigation #Standing requests for data

Advisory Opinion 03-045 03-045

November 10, 2003 · November 10, 2003; School District 271 (Bloomington)

Pursuant to Minnesota Statutes, Chapter 13, did Independent School District 271, Bloomington, respond appropriately to a request for public data related to a complaint made against a District employee?

Personnel data #Disciplinary action not taken, data not public #Status

Advisory Opinion 03-044 03-044

November 4, 2003 · November 4, 2003; City of Little Falls

Is the City of Little Falls' charge of $272.50 for copies of data allowable under Minnesota Statutes, Chapter 13?

Copy costs #Data held by private contractor

Advisory Opinion 03-043 03-043

October 29, 2003 · October 29, 2003; Minnesota State Department of Transportation

Do the following data that the Minnesota Department of Transportation collects and maintains meet the definition of

Security information #Security information (13.37, subds. 1(a), 2)

Advisory Opinion 03-042 03-042

October 13, 2003 · October 13 2003; Koochiching County

Pursuant to Minnesota Statutes, Chapter 13, did the Koochiching County Sheriff respond appropriately to a request for the name of an alleged victim of a certain incident under investigation?

Law enforcement data #Juveniles (260.161 / 260B.171) #Physical data access (13.82, subd. 16 / subd. 9) #Protected identities (13.82, subd. 17 / subd. 10) #Temporary withholding of data (13.82, subd. 14)

Advisory Opinion 03-041 03-041

October 1, 2003 · October 1, 2003; Minnesota Department of Corrections

Pursuant to Minnesota Statutes, Chapter 13, did the Minnesota Department of Corrections respond appropriately to a request for access to the following data: booking data that previously were accessible to the public as …

Response to data requests #Corrections (299C.147) #No change in classification (13.03, subd. 4(c))

Advisory Opinion 03-040 03-040

October 1, 2003 · October 1, 2003; Minnesota Department of Public Safety

Are data in the Bureau of Criminal Apprehension's Minnesota Repository of Arrest Photos database classified under Minnesota Statutes, section 13.87, subdivision 1(a), as criminal history data and therefore private data?

Electronic data #Criminal history/justice data (13.87) #Electronic data

Advisory Opinion 03-039 03-039

September 24, 2003 · September 24, 2003; School District 276 (Minnetonka)

Pursuant to Minnesota Statutes, Chapter 13, is it appropriate for Independent School District 276, Minnetonka, to charge an individual to inspect government data in a situation where the District's architect is in posse…

Inspection #Location of data

Advisory Opinion 03-038 03-038

September 19, 2003 · September 19, 2003; School District 832 (Mahtomedi)

Pursuant to Minnesota Statutes, Chapter 13, did Independent School District 832, Mahtomedi, respond appropriately to a July 30, 2003, request for access to the following government data: appointment order(s) for respons…

Responsible authority #Designee appointed by Responsible Authority #Training required

Advisory Opinion 03-037 03-037

September 15, 2003 · September 15, 2003; City of Brainerd

Pursuant to Minnesota Statutes, Chapter 13, did the City of Brainerd respond appropriately to a July 30, 2003, request by a data subject for the City to explain the meaning of certain data?

Response to data requests #Explanation of data

Advisory Opinion 03-036 03-036

September 15, 2003 · September 15, 2003; City of La Crescent

Pursuant to Minnesota Statutes, Chapter 13, did the City of La Crescent respond appropriately to a request for access to all public data about an employee?

Personnel data #Settlement agreements #Status

Advisory Opinion 03-035 03-035

September 9, 2003 · September 9, 2003; City of Saint Paul

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data that the City of St. Paul maintains: interview notes collected from or about a volunteer concerning a complaint about a member…

Personnel data #Complainant identity #Employee name

Advisory Opinion 03-034 03-034

September 5, 2003 · September 5, 2003; Office of the Minnesota Attorney General

Whether the information sought in the information request attached hereto as Exhibit B is public data that must be disclosed under Minnesota Statutes, section 13.03? Whether the information sought in the information req…

Copy costs Existence of data Records management/retention Response to data requests #Data does not exist #Records Management Act statute (138.17) (See also: Official Records Act)

Advisory Opinion 03-033 03-033

September 2, 2003 · September 2, 2003; School District 625 (St. Paul)

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data that Independent School District 625, Saint Paul, maintains: the names of school bus drivers provided by the bus companies?

Contracts/privatization #Clause to be inferred #Driver’s Privacy Protection Act (DPPA) #National Labor Relations Act (NLRA) #Private party contracts with government (13.05, subd. 11; see also: Helmberger v. Johnson Controls, Inc., 839 N.W.2d 527 (Minn. 2013).)

Advisory Opinion 03-032 03-032

August 18, 2003 · August 18, 2003; City of Minneapolis

The City of Minneapolis requires certain individuals to provide the name of the source of a loan as part of a statement of economic interest. Pursuant to Minnesota Statutes, Chapter 13, how are the data classified for t…

Elected and appointed officials Legislative authority and intent Statutory construction (Ch. 645) Statutory construction (Ch. 645) Statutory construction (Ch. 645) #Absurd or unreasonable result (645.17) #Campaign finance and public disclosure (Chapter 10A) #Conflicting or irreconcilable provisions (645.26) #Financial disclosure #Financial disclosure statements

+1 more

#Later enacted statute

Advisory Opinion 03-031 03-031

August 7, 2003 · August 7, 2003; School District 832 (Mahtomedi)

Pursuant to Minnesota Statues, Chapter 13, did Independent School District 832, Mahtomedi, respond appropriately to a June 27, 2003, request to inspect private data?

Data subjects Response to data requests #Timely response required, access immediately or within ten business days

Advisory Opinion 03-030 03-030

August 7, 2003 · August 7, 2003; School District 832 (Mahtomedi)

Pursuant to Minnesota Statutes, Chapter 13, did Independent School District 832, Mahtomedi, respond appropriately to a June 5, 2003, request for copies of the following data about a student's order and payment for a hig…

Educational data Response to data requests

Advisory Opinion 03-029 03-029

August 7, 2003 · August 7, 2003; School District 916 (Northeast Metropolitan Intermediate)

Pursuant to Minnesota Statutes, Chapter 13, and related federal law, would Northeast Metropolitan Intermediate School District 916 violate the rights of a student if, after reporting a crime committed by the student, th…

Copy costs Educational data Educational data #FERPA (Federal Education Rights and Privacy Act) #Law enforcement/juvenile justice system #Special education/students with disabilities/IDEA

Advisory Opinion 03-028 03-028

August 7, 2003 · August 7, 2003; City of Farmington

Is the City of Farmington in compliance with the provisions of Minnesota Statutes, Chapter 13, and Minnesota Rules, Chapter 1205, with regard to the appointment of a responsible authority? Pursuant to Minnesota Statutes…

Response to data requests Responsible authority #Name, title, and address #Public document/annual report (13.05, subd. 1 and 1205.1200) #Untimely, generally

Advisory Opinion 03-027 03-027

August 7, 2003 · August 7, 2003; City of Grant

Pursuant to Minnesota Statutes, Chapter 13, did the City of Grant respond appropriately to a May 16, 2003, request for access to government data?

Contracts/privatization Records management/retention Records management/retention #Contracts are public #Official Records Act (15.17) See also: Records management #Records retention schedule

Advisory Opinion 03-026 03-026

August 1, 2003 · August 1, 2003; School Disrict 832 (Mahtomedi)

Pursuant to Minnesota Statutes, section 13.04, did Independent School District 832, Mahtomedi, respond appropriately to a March 7, 2003, request for access to data?

Data subjects Educational data Requests for data #Education data #Entity responsibility

Advisory Opinion 03-025 03-025

July 31, 2003 · July 31, 2003; Nobles County

Pursuant to Minnesota Statutes, Chapter 13, are the following components of the Nobles County policy regarding public access to the

Commercial value Copy costs Requests for data #Commercial value #Easily accessible for convenient use (13.03, subd. 1) #Reason/justify request and identity not required (13.05, subd. 12) #Written requests, procedures may require

Advisory Opinion 03-024 03-024

July 29, 2003 · July 29, 2003; City of Brainerd

Pursuant to Minnesota Statutes, section 13.04, did the City of Brainerd respond appropriately to a March 12, 1997, request for access to data?

Response to data requests

Advisory Opinion 03-023 03-023

July 29, 2003 · July 29, 2003; Minnesota Department of Education

Is the Minnesota Department of Education's inclusion of a $30.00 per hour charge for copies of public government data allowable under Minnesota Statutes, Chapter 13?

Copy costs Educational data

Advisory Opinion 03-022 03-022

July 10, 2003 · July 10, 2003; City of St. Paul

If a law enforcement agency responds to a request by the public for law enforcement services or takes action on its own initiative, and the request or action relates to a property-damage-only accident where the apparent…

Law enforcement data #Investigation, defined #Reports #Traffic accidents (169.09)

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