MN Data Practices Advisory Opinions Archive

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

Is it reasonable and justifiable for Rosemount to charge Mr. Walsh for copies of data he did not request? Is a copy charge of $.50 per page reasonable and justifiable?

Copy costs #Operating expenses excluded #Sales tax excluded

Advisory Opinion 94-058 94-058

December 28, 1994 · December 28, 1994; Hennepin County

Is Hennepin County Collections Services Division, a government entity that collects and distributes child support on behalf of custodial parents, required to provide child support accounting information requested by the…

Inspection Multiple data subjects #Child support #Multiple data subjects #Reasonable time and place (1205.0300, subp. 3)

Advisory Opinion 94-057 94-057

December 28, 1994 · December 28, 1994; Minnesota Department of Natural Resources

Is the position of the Department of Natural Resources that it can limit Mr. Boe's use of public data in compliance with the Minnesota Government Data Practices Act?

Commercial value Copy costs Legislative authority and intent #Commercial value #Copyright #Intellectual property (See also: Proprietary information) #Intellectual property/copyright

Advisory Opinion 94-056 94-056

December 14, 1994 · December 14, 1994; Minnesota Department of Labor and Industry

Are members of the public entitled to gain access to files relating to workers' compensation through use of a company name as the search criterion? Is the public entitled to gain access to those data in the worker's com…

Redaction Requests for data #Public and not public data #Rehabilitation data (13.791) #Workers' compensation

Advisory Opinion 94-055 94-055

December 14, 1994 · December 14, 1994; Crow Wing County

As the parent of the five minor children, does the mother have the legal right to the files in Crow Wing County Child Protection? Does the mother have the rights to see any data regarding the father, exclusive of the na…

Data subjects Educational data #Advocates - access to data #Alcohol and drug treatment records (42 C.F.R. Part 2) #Data access to data subject #Social services/welfare data #Spouse access to other spouse’s data

Advisory Opinion 94-054 94-054

November 30, 1994 · November 30, 1994; City of Willmar

When a 16- or 17-year-old juvenile has been arrested on suspicion of, and/or charged with, an offense that if committed by an adult would be a felony, are the juvenile's name and age, and other identifying information m…

Law enforcement data #Arrest data #Juveniles (260.161 / 260B.171) #Physical data access (13.82, subd. 16 / subd. 9) #Request for service data (13.82, subd. 3) #Response or incident data (13.82, subd. 6 / subd. 4)

Advisory Opinion 94-053 94-053

November 23, 1994 · November 23, 1994; Anoka County

Whether he has the right to gain access to data that has been blanked out by his probation officer.

Data subjects Redaction Response to data requests #Court services data (13.84)

Advisory Opinion 94-052 94-052

November 16, 1994 · November 16, 1994; Beltrami County

Is X entitled to gain access to data maintained by Beltrami County Social Services concerning the welfare of her minor child, including but not limited to data maintained by child protection? In failing to respond to Ms…

Data subjects Educational data #Social services/welfare data

Advisory Opinion 94-051 94-051

November 16, 1994 · November 16, 1994; Minnesota Department of Public Safety

For which files have there been

Personnel data #Collective bargaining agreements #Personnel files #Settlement agreements #Specific reasons and data documenting basis for action

Advisory Opinion 94-050 94-050

November 10, 1994 · November 10, 1994; School District 834 (Stillwater)

What data are public about a public employee after an investigation into a complaint against that employee results in a determination that no disciplinary action will be taken.

Educational data Personnel data

Advisory Opinion 94-049 94-049

November 3, 1994 · November 3, 1994; Beltrami County

When a government agency (such as Beltrami County) and its insurance carrier have settled claims, charges or causes of action against the agency, by means of an agreement that incorporates a confidentiality covenant, ma…

Contracts/privatization Personnel data #13.03 subdivision 11 #Contracts #Privatization #Settlement agreements

Advisory Opinion 94-048 94-048

November 3, 1994 · November 3, 1994; Martin County

If an inactive criminal investigative file contains both public and private data, is a government entity required by Chapter 13 to separate the two types of data and make the public data available to the public? How are…

Educational data Law enforcement data #Deceased victim #Decedents (13.10) #Law enforcement data connection

Advisory Opinion 94-047 94-047

October 28, 1994 · October 28, 1994; Minnesota Attorney General

For purposes of simplification, the information presented by the citizen who requested this opinion and the response from the government entity with which the citizen disagrees is presented in summary form. Copies of th…

Trade secret #Attorney general data (13.65) #Trade secrets (13.37)

Advisory Opinion 94-046 94-046

October 21, 1994 · October 21, 1994; Minnesota Department of Commerce

What is the classification of data maintained by the Department concerning a certain insurance company and a wholly owned subsidiary of that company?

Response to data requests #Commissioner of Administration #Insurance companies

Advisory Opinion 94-045 94-045

October 20, 1994 · October 20, 1994; School District 777 (Benson)

Are government data, provided to a school district, that consist of a financial profit and loss statement, commodities inventory list, and summary of purchases list, accessible to the public? NOTE: The identification of…

Contracts/privatization Requests for data Trade secret #13.03 subdivision 11 #Contracts #Privatization #Trade secrets (13.37) #Written requests, procedures may require

Advisory Opinion 94-044 94-044

October 20, 1994 · October 20, 1994; School District 877 (Buffalo)

By not supplying the custodial parent with the Activity Tracker Record that was supplied to Dr. DeSanctis (the psychologist) which was requested on 6 June 94 and the authorization for release of information which was re…

Data subjects Educational data #Education data

Advisory Opinion 94-043 94-043

October 14, 1994 · October 14, 1994; Bloomington Fire Department Relief Association

Are data maintained by the Bloomington Fire Department Relief Association accessible by the public under the provisions of Chapter 13 of Minnesota Statutes?

Response to data requests #Fire relief associations - subject to Chapter 13

Advisory Opinion 94-042 94-042

October 14, 1994 · October 14, 1994; City of Hibbing

Is the identity of a governmental employee who has been disciplined, and the nature of the discipline imposed on that employee, public data prior to a final disposition of the disciplinary action.

Legislative authority and intent Personnel data #Names of employees #Personnel data #Specific reasons and data documenting basis for action

Advisory Opinion 94-041 94-041

October 7, 1994 · October 7, 1994; School District 877 (Buffalo)

When Buffalo High School Psychologist, Paula Dietz, and Assistant Principal, Mary Loberg, coerced the minor child into believing that in order to be readmitted to school, a psychological evaluation would been to be cond…

Data subjects Educational data #Informed consent

Advisory Opinion 94-040 94-040

October 5, 1994 · October 5, 1994; City of Buffalo

When an employee of the City of Buffalo didn't know what the classification of a piece of private data was, did that constitute a violation of the minor child's rights by impeding access to government data and not apply…

Copy costs Data subjects Educational data Law enforcement data #Challenge accuracy and completeness of data #Flat or standard fee #Juveniles (260.161 / 260B.171) #Law enforcement data #Operating expenses excluded

Advisory Opinion 94-039 94-039

October 5, 1994 · October 5, 1994; Wright County

When the Wright County Attorney's Office issued the petition on May 18, 1994, which included the Buffalo Police Report and not the custodial parent's Minnesota Data Practices Act Request of May 6, 1994, did that office …

Copy costs Data subjects #Challenge accuracy and completeness of data #No charge to search/retrieve/redact

Advisory Opinion 94-038 94-038

September 29, 1994 · September 29, 1994; School District 625 (St. Paul)

Is he entitled to gain access to data that existed on the District's computer on or before October 21, 1993? Has X actually received the information that existed in the District's computer on or before October 21, 1993?…

Electronic data Personnel data Requests for data #Data request vs. question/inquiry #Data subject access to personnel data #Electronic data

Advisory Opinion 94-037 94-037

September 23, 1994 · September 23, 1994; Minnesota Department of Health

Do any of the data contained in the capital expenditure reports, and particularly, the dollar amounts reported for individual capital expenditures, qualify for protection as trade secret information under Minnesota Stat…

Trade secret #Freedom of Information Act (FOIA)

Advisory Opinion 94-036 94-036

September 2, 1994 · September 2, 1994; City of Brooklyn Center

Personnel data Statutory construction (Ch. 645) #Legislative intent (645.16) #Undercover law enforcement officer

Advisory Opinion 94-035 94-035

September 2, 1994 · September 2, 1994; Anoka County

Are the consultant's reports and materials, prepared for the County, available to him as he requested?

Legislative authority and intent #Consultants #Location of data #Obligation to maintain and preserve records #Presumption of openness

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