MN Data Practices Advisory Opinions Archive

April 29, 1996 · April 29, 1996; School District 876 (Annandale)

Are the terms of an agreement between the parent of a student and a school district settling a dispute and lawsuit arising out of that student's special educational program considered

Educational data #Definition (13.02, subd. 5) #Settlement agreements

Advisory Opinion 96-018 96-018

April 15, 1996 · April 15, 1996; Minnesota Department of Human Services

Can DHS deny K access to data maintained about K on the basis of the six-month limitation stated in Minnesota Statutes Section 13.04, subdivision 3, when, according to K, a dispute or action is pending that involves the…

Data subjects Welfare data #Directory information #Limit on frequency of access to data #State hospital directory information

Advisory Opinion 96-017 96-017

April 3, 1996 · April 3, 1996; Becker County

May data specifically documenting the final disposition of a disciplinary action be withheld on the basis of the investigative data exceptions in Minnesota Statutes Sections 13.39 or 13.82, subdivision 5?

Personnel data #Criminal charges against employee #Disciplinary action not taken, data not public #Specific reasons and data documenting basis for action

Advisory Opinion 96-016 96-016

April 1, 1996 · April 1, 1996; Moorhead State University

Upon a request for access to data by a data subject, does a government entity have authority, pursuant to Minnesota Statutes Chapter 13, to require the data subject to provide the following data: date of request; studen…

Data subjects Tennessen warning #Challenge accuracy and completeness of data #Location of data #Necessary to administer a program authorized by law (13.05, subd. 3) #Tennessen warning and federal Privacy Act notices required

Advisory Opinion 96-015 96-015

March 29, 1996 · March 29, 1996; School District 001 (Minneapolis)

Are the first and last names of Minneapolis Public School students public data? Are the first and last names of the parents/legal guardians of Minneapolis Public School students public data?

Educational data #Directory information

Advisory Opinion 96-014 96-014

March 29, 1996 · March 29, 1996; City of Virginia

Has the City of Virginia complied with the requirements of Minnesota Statutes Section 13.04, subdivision 3, regarding access to data by a data subject? Does a copy charge of $.25 per page represent the

Data subjects Educational data Tennessen warning #Complete and current 13.05 #Security safeguards (13.05, subd. 5) #Tennessen warning notice (13.04, subd. 2)

Advisory Opinion 96-013 96-013

March 21, 1996 · March 21, 1996; Minnesota Office of Environmental Assistance

Has OEA complied with its obligation, under Minnesota Statutes Chapter 13, to provide Mr. Young with access to the following: any and all data, including reports, correspondence, memoranda, etc., which relate to the Com…

Response to data requests Statutory construction (Ch. 645) #Definition of prompt or reasonable time #Draft documents #Words and phrases construed (645.08)

Advisory Opinion 96-012 96-012

March 14, 1996 · March 14, 1996; Minnesota Department of Natural Resources

Is Mr. Spaulding entitled to gain access to the data he requested? What is DNR's obligation under Minnesota Statutes Chapter 13 to respond to Mr. Spaulding's request?

Data subjects Response to data requests Statutory construction (Ch. 645) #Definition of prompt or reasonable time #Informed of existence/classification #Words and phrases construed (645.08)

Advisory Opinion 96-011 96-011

March 6, 1996 · March 6, 1996; Minnesota Department of Human Services

Pursuant to Minnesota Statutes Section 13.05, subdivision 4, and Minnesota Rules Part 1205.1300, how may DHS use and/or disseminate the data which relate to K's commitment as a minor, contained on the

Data subjects Educational data Law enforcement data Legislative authority and intent Tennessen warning Welfare data #Authority to regulate data practices #Classification at time of request, controls access (13.03, subd. 9) #Commitment pre-petition screening #Firearms background check #Limitation on collection and use of private/confidential data (13.05, subd. 4)

+2 more

#State hospital directory information #Tennessen warning notice (13.04, subd. 2)

Advisory Opinion 96-010 96-010

February 14, 1996 · February 14, 1996; School District 720 (Shakopee)

What is the classification of the data in the letter, dated December 18, 1995, sent by the District to B?

Personnel data #Final decision regarding disciplinary action #Reprimand #Resignation

Advisory Opinion 96-009 96-009

February 14, 1996 · February 14, 1996; School District 577 (Willow River)

Is a parent entitled to gain access to the educational records of her/his eighteen year old child?

Educational data #Parent of dependent adult student

Advisory Opinion 96-008 96-008

February 5, 1996 · February 5, 1996; Minnesota Department of Public Safety

What is the classification of data collected and maintained by the Capitol Complex Security Division of the Minnesota Department of Public Safety relating to a request from an individual for an automobile ride?

Law enforcement data Security information #Request for service data (13.82, subd. 3) #Response or incident data (13.82, subd. 6 / subd. 4) #Security information (13.37, subds. 1(a), 2) #Security service data (13.861) #Security service data/Capitol Security (13.861)

Advisory Opinion 96-007 96-007

February 5, 1996 · February 5, 1996; School District 834 (Stillwater)

Are the first and last names of Stillwater Public School ninth grade (1995 school year) students and their parents/legal guardians public data? Is a school district required, by Chapter 13, to provide requested data in …

Educational data #Directory information

Advisory Opinion 96-006 96-006

January 30, 1996 · January 30, 1996; Minnesota Department of Natural Resources

Has the Minnesota Department of Natural Resources complied with the public access requirements of Minnesota Statutes Chapter 13 when a member of the public requested access to government data and, after approximately te…

Inspection Response to data requests Statutory construction (Ch. 645) #Definition of prompt or reasonable time #Reasonable time and place (1205.0300, subp. 3) #Words and phrases construed (645.08)

Advisory Opinion 96-005 96-005

January 25, 1996 · January 25, 1996; Minnesota Joint Underwriting Association

What is the classification of the names and addresses of persons or entities who currently are insured, for Dram Shop liquor liability, by the Minnesota Joint Underwriting Association (JUA)?

Government Data #Minnesota Joint Underwriting Association (MJUA) (Superseded by MJUA v. Star Tribune, A13-2112, April 8, 2013 (Minn.))

Advisory Opinion 96-004 96-004

January 25, 1996 · January 25, 1996; City of Victoria

With respect to the termination of the employment of the city employee, does simply citing the three sections of the City's code of ordinances satisfy the

Personnel data #Final decision regarding disciplinary action #Specific reasons and data documenting basis for action

Advisory Opinion 96-003 96-003

January 23, 1996 · January 23, 1996; City of Minneapolis

Does the Minnesota Government Data Practices Act require the MPHA to keep records containing government data in such an arrangement and condition as to make them easily accessible for convenient use? If so, has the MPHA…

Response to data requests #Definition of prompt or reasonable time

Advisory Opinion 96-002 96-002

January 16, 1996 · January 16, 1996; City of Mahtomedi

Upon responding to a request for access to data by a data subject, is it appropriate, pursuant to Chapter 13, for a government entity to withhold entire documents because those documents apparently contain private or co…

Educational data Legislative authority and intent Multiple data subjects Personnel data #Complainant identity #Data subject access #Data subject access to personnel data #Harassment data (13.43, subd. 8) #Inextricably intertwined data (See also: Northwest Publications, Inc. v. City of Bloomington, 499 N.W.2d 509)

+2 more

#Multiple data subjects #Public and not public data

Advisory Opinion 96-001 96-001

January 9, 1996 · January 9, 1996; School District 191 (Burnsville)

Independent School District 191, Burnsville, provided the Commissioner with two documents, each of which relates to a specific District 191 employee. The District asked the following question: do either or both of the d…

Personnel data #Policy or contract determines #Reprimand

Advisory Opinion 95-055 95-055

December 28, 1995 · December 28, 1995; Minnesota Department of Human Services

Minnesota Statutes Section 518.575 authorizes the publication of certain data on individuals that would otherwise be classified as private data by Minnesota Statutes Section 13.46. If the Minnesota Department of Human S…

Statutory responsibilities government Welfare data #Child support

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 95-053 95-053

December 11, 1995 · December 11, 1995; Minnesota Pollution Control Agency

Is a government entity authorized, under Chapter 13, to charge sales tax as part of the

Copy costs #Sales tax excluded

Advisory Opinion 95-052 95-052

December 7, 1995 · December 7, 1995; School District 777 (Benson)

Was the dissemination of data about T, by a school psychologist to a school secretary, consistent with the requirements of Minnesota Statutes Chapter 13, Minnesota Rules Chapter 1205, and 20 United States Code 1232g (th…

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

Advisory Opinion 95-051 95-051

December 6, 1995 · December 6, 1995; School District 166 (Cook County)

Did the District violate D's rights to receive access to private data under Minnesota Statutes Sections 13.04 and 13.43, with regard to the time frame in which it provided D with copies of the data requested? Did the Di…

Personnel data #Data subject access to personnel data

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)

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