MN Data Practices Advisory Opinions Archive

May 18, 1995 · May 18, 1995; Minneapolis Fire Department Relief Association

Are itemizations of expense accounts public data pursuant to Minnesota Statutes Section 13.32, subdivision 2? Are the bylaws of the Minneapolis Fire Department Relief Association in conformity with Minnesota Statutes Ch…

Personnel data Responsible authority #Duties, generally #Fire relief associations - subject to Chapter 13 #Remuneration

Advisory Opinion 95-023 95-023

May 15, 1995 · May 15, 1995; City of Duluth

Must the City of Duluth retain the oral examination score sheets for two years after the oral examination of prospective firefighters? Do X's oral examination score sheets constitute private data available to him, or pu…

Personnel data Records management/retention Responsible authority #Data destruction #Data subject access to personnel data #Examination data (13.34) #Responsible authority (RA)

Advisory Opinion 95-022 95-022

May 11, 1995 · May 11, 1995; Minnesota Department of Public Safety

Are certain data (see Mr. Anfinson's letter for particulars), collected and maintained by the Minnesota Department of Public Safety, public data?

Law enforcement data #Traffic accidents (169.09)

Advisory Opinion 95-021 95-021

May 10, 1995 · May 10, 1995; City of Coon Rapids

At what point do materials, which are public government data, created or collected for the purpose of a city council meeting, become public data?

Response to data requests #Minutes, personal notes

Advisory Opinion 95-020 95-020

May 3, 1995 · May 3, 1995; University of Minnesota

Did the University of Minnesota Program in Human Sexuality release private data it maintained about X without his consent, and if so, was that release authorized by Minnesota Statutes Chapter 13, or other applicable law?

Data subjects Educational data Informed consent #Consent to release #Informed consent #Patient records (144.335, subd. 3a / 144.293)

Advisory Opinion 95-019 95-019

April 27, 1995 · April 27, 1995; Solid Waste Management Coordinating Board

What is the proper classification of the data collected on the

Trade secret #Determination made by entity #Pollution Control Agency

Advisory Opinion 95-018 95-018

April 18, 1995 · April 18, 1995; City of Bigfork

Are the data contained in the Bigfork Municipal Liquor Store's inventory and sales report classified as trade secret data pursuant to Minnesota Statutes Section 13.37, subdivision 1 (b), and therefore, not public data?

Legislative authority and intent Trade secret #Supplied by the affected individual or organization #Trade secrets

Advisory Opinion 95-017 95-017

April 13, 1995 · April 13, 1995; City of Moorhead

Are the data on pages 2, 6, 7, 12, 14-19, 21, 22, and 25-56 of the Deloitte-Touche Financial Feasibility Study, and also the data in the November 1994 Financial Statements for Envirosys, classified as trade secret infor…

Legislative authority and intent Trade secret #Economic development assistance data(13.594 / 13.62); (13.5951 / 13.621); (13.5952 / 13.622); (13.5953 / 13.671); (13.596 / 13.76) #Efforts to maintain secrecy (subd. 1(b)) #Purpose of process #Temporary classifications

Advisory Opinion 95-016 95-016

April 5, 1995 · April 5, 1995; City of Bloomington

Is the City of Bloomington Fire Department a government entity subject to Minnesota Statutes Chapter 13? If the answer to Issue 1 is affirmative, does the City have an obligation to recover records which were

Government Data Records management/retention #Data destruction #Fire relief associations - subject to Chapter 13 #Includes data not created by maintaining entity

Advisory Opinion 95-015 95-015

March 30, 1995 · March 30, 1995; School District 227 (Chatfield)

Are the data describing grievances submitted by a teachers' union to a school district, including documentation, public data? If so, at what point do the data become public?

Government Data #Grievance #Grievance filed by union

Advisory Opinion 95-014 95-014

March 28, 1995 · March 28, 1995; City of Virginia

By releasing information regarding discussions between Mr. Dragisich and the president of the City Council about his proposed termination and possible severance package, did the City violate provisions of Minnesota Stat…

Closed meetings Open Meeting Law Personnel data #Employee evaluation summary #Employee evaluation summary #Government data (13.02, subd. 7) #Mental impressions (Keezer v. Spickard, 493 N.W.2d 614) #Recorded

+1 more

#Security safeguards (13.05, subd. 5)

Advisory Opinion 95-012 95-012

March 13, 1995 · March 13, 1995; City of Bloomington

Under Minnesota Statutes Chapter 13, may the City deny access to public data based on its claim that the data are involved in litigation between the requestors and an entity which is not part of the City? In accordance …

Responsible authority #Designee appointed by Responsible Authority #Fire relief associations - subject to Chapter 13 #Includes data not created by maintaining entity

Advisory Opinion 95-013 95-013

March 13, 1995 · March 13, 1995; School District 270 (Hopkins)

Are data contained in a school board member's telephone log, which pertain to school board business, public government data?

Elected and appointed officials Legislative authority and intent #13.601 #Accountability of government #Correspondence with elected officials #Location of data #Location of data

+2 more

#Presumption of openness #Telephone records/bills

Advisory Opinion 95-011 95-011

March 10, 1995 · March 10, 1995; City of Blaine

Does a member of the public have the right, under Minnesota Statutes Chapter 13, to inspect free of charge, records of a city relating to pending and levied assessments?

Commercial value Copy costs Inspection #Commercial value #Free of charge

Advisory Opinion 95-010 95-010

March 8, 1995 · March 8, 1995; Olmsted County

Is X entitled to gain access to data maintained about him by the Olmsted County Community Services Department?

Data subjects Tennessen warning #Informed of existence/classification #Tennessen warning notice (13.04, subd. 2) #Vulnerable adults

Advisory Opinion 95-009 95-009

March 2, 1995 · March 2, 1995; School District 877 (Buffalo)

Whether the dissemination of data about X's son was in violation of Minnesota Statutes Chapter 13?

Educational data #Work assignment reasonably requires access #Work assignment reasonably requires access (1205.0400, 1205.0600)

Advisory Opinion 95-008 95-008

February 15, 1995 · February 15, 1995; City of Brooklyn Park

When an employee, or former employee, or an agent, or former agent, of an entity subject to Minnesota Statutes Chapter 13 possesses work-related data outside of the workplace, are those data government data as defined i…

Data subjects #Complete and current 13.05 #Location of data #Location of data #Security safeguards (13.05, subd. 5)

Advisory Opinion 95-007 95-007

February 15, 1995 · February 15, 1995; Bemidji State University

Does Bemidji State University have the authority to require faculty members to provide their Social Security numbers and birth dates for the purposes of student registration, or is this a violation of Minnesota Statutes…

Data subjects Tennessen warning #Limitation on collection and use of private/confidential data (13.05, subd. 4) #Tennessen warning and federal Privacy Act notices required #Tennessen warning notice

Advisory Opinion 95-006 95-006

February 2, 1995 · February 2, 1995; City of Bloomington

Has the City of Bloomington violated provisions of Minnesota law that require government entities to respond to requests for access to data within a certain time frame?

Response to data requests Statutory construction (Ch. 645) #Definition of prompt or reasonable time #Public and not public data #Public document/annual report (13.05, subd. 1 and 1205.1200) #Words and phrases construed (645.08)

Advisory Opinion 95-005 95-005

January 31, 1995 · January 31, 1995; School District 112 (Chaska)

Must Chaska permit public access to the Notice of Claim, to information concerning the existence and status of a sexual harassment claim, whether a student is the alleged perpetrator, and the damages (if any) that have …

Civil investigative data Requests for data #Data revealed in request determines entity response #Notice of claim #Notice of Claim (466.04 - Tort liability)

Advisory Opinion 95-004 95-004

January 26, 1995 · January 26, 1995; Dakota County

May detention photos (

Law enforcement data Legislative authority and intent Statutory construction (Ch. 645) #Advisory Opinions #Booking photos #Mug shots #Purpose #Words and phrases construed (645.08)

Advisory Opinion 95-003 95-003

January 16, 1995 · January 16, 1995; City of Saint Paul

A member of the public asked whether the St. Paul Police Department responded appropriately for a request for a videotape of an interview between an individual and police officers. The Police Department argued that the …

Law enforcement data Statutory construction (Ch. 645) #Deliberative processes (13.82, subd. 25 / subd. 16) #Interrogation/investigative technique, defined #Words and phrases construed (645.08)

Advisory Opinion 95-002 95-002

January 10, 1995 · January 10, 1995; School District 709 (Duluth)

Does ISD #709's failure to deliver this memorandum to X within five (5) days of his 7/15/94 request violate Minn. Stat. §13.04, subd. 3? Does ISD #709's failure to deliver this memorandum to X within five (5) days of hi…

Legislative authority and intent Personnel data Records management/retention #Data destruction #Data subject access to personnel data #Labor and Industry Department #Personnel data #Supervisor file

Advisory Opinion 95-001 95-001

January 4, 1995 · January 4, 1995; Dodge County

Does a member of the public have the right to gain access to government data about a public employee that describe specific institutions of learning attended and specific places of employment?

Legislative authority and intent Personnel data #Access to actual data #Education/training background, job history, previous work experience #Public data, no restrictions on use

Advisory Opinion 94-060 94-060

December 30, 1994 · December 30, 1994; City of Champlin

May access to certain law enforcement data be denied pursuant to Minnesota Statutes Section 13.82, subdivisions 7 and 10, if those data have been disseminated in a briefing to members of the public by the law enforcemen…

Law enforcement data #Protected identities (13.82, subd. 17 / subd. 10)

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