MN Data Practices Advisory Opinions Archive

August 12, 1997 · August 12, 1997; Minnesota Department of Transportation

Has the Minnesota Department of Transportation responded properly, pursuant to Minnesota Statutes Section 13.04, to a data subject's request for access to data?

Educational data Personnel data #Civil investigative data (13.39) #Data subject access to personnel data #Harassment data (13.43, subd. 8) #Labor/union access (13.43, subd. 6)

Advisory Opinion 97-032 97-032

August 1, 1997 · August 1, 1997; School District 273 (Edina)

Has School District #273, Edina, failed to comply with the requirements of Minnesota Statutes Section 13.04, subdivision 2, because it did not provide a Tennessen Warning notice to H and H's parents upon collection of d…

Data subjects Educational data Informed consent Tennessen warning Tennessen warning #Educational data #Frequency in giving notice #Volunteering data vs. request to supply data

Advisory Opinion 97-028 97-028

July 3, 1997 · July 3, 1997; Minnesota Department of Children, Families, Learning

Is the MARSS database, with student names and social security numbers removed, summary data under Minn. Stat. 13.01, subd. 19? If the MARSS database, with student names and social security numbers removed, is not summar…

Educational data Summary data #Combining data elements may uniquely identify an individual #Combining data elements may uniquely identify an individual #Costs #MARSS (MN Automated Reporting Student System) #Summary data

Advisory Opinion 97-020 97-020

May 7, 1997 · May 7, 1997; School District 0001 (Minneapolis)

Has Special School District No. 1, Minneapolis, responded appropriately, pursuant to Minnesota Statutes Chapter 13, to Ms. Morrison's request for access to the private data about her child? Has Special School District N…

Copy costs Data subjects Educational data Existence of data Requests for data Response to data requests #Curriculum materials #Data revealed in request determines entity response #Education data #Limit on frequency of access to data #Requestor must be informed

Advisory Opinion 97-018 97-018

May 5, 1997 · May 5, 1997; School District 278 (Orono)

Pursuant to Minnesota Statutes Chapter 13, must School District 278, Orono, disclose to the subject of the complaint the contents of a harassment complaint and its investigation notes detailing the allegations where the…

Educational data Multiple data subjects Personnel data #Complainant identity #Data subject access to personnel data #Harassment data (13.43, subd. 8) #Multiple data subjects #Witness identity or statement

Advisory Opinion 97-015 97-015

April 4, 1997 · April 4, 1997; Hennepin County

Were the data collected by Dr. Seymour Gross, a Hennepin County employee, from

Data subjects Educational data Tennessen warning #Commitment pre-petition screening #Limitation on collection/use of data (13.05, subd. 4)

Advisory Opinion 97-011 97-011

March 11, 1997 · March 11, 1997; Moorhead State University

Has MSU complied with Minnesota Statutes Section 13.04, subdivision 3, in responding to a request for access to data made by the data subject on May 15, 1996? Has MSU improperly disseminated private educational data abo…

Educational data Responsible authority #Data subject rights of access procedures (13.05, subd. 8)/(13.025, subd. 3) #Designee appointed by Responsible Authority #Legitimate educational interest #Public document/annual report (13.05, subd. 1 and 1205.1200) #Work assignment reasonably requires access

+1 more

#Work assignment reasonably requires access (1205.0400, 1205.0600)

Advisory Opinion 96-063 96-063

December 31, 1996 · December 31, 1996; Southwest Family Services

Is L entitled to gain access to the medical records of L's two minor children that are maintained by Southwest Family Services?

Data subjects Educational data Welfare data #Patient records (144.335, subd. 3a / 144.293) #Rule 29 facilities #Social services/welfare data

Advisory Opinion 96-062 96-062

December 26, 1996 · December 26, 1996; City of Oakdale

Pursuant to Minnesota Statutes Section 13.04, subdivision 2, was J entitled to receive a

Data subjects Educational data Personnel data Tennessen warning #Open at employee request #Tennessen warning notice (13.04, subd. 2)

Advisory Opinion 96-061 96-061

December 18, 1996 · December 18, 1996; School District 2144 (Chisago Lakes)

Did Chisago Lakes Independent School District 2144 violate A's rights, pursuant to Minnesota Statutes Section 13.32, by improperly disseminating educational data about A?

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

Advisory Opinion 96-048 96-048

November 12, 1996 · November 12, 1996; School District 721 (New Prague)

Did District 721 violate Minnesota Statutes Chapter 13 when a District employee disseminated data contained in a Rice County Suspected Child Abuse/Neglect Form about a student and his/her father to the student's mother?…

Data subjects Educational data Records management/retention #Complete and current 13.05 #Data access to data subject #Education data #Instructional personnel #Notes,

+3 more

#Parent of dependent adult student #Records retention schedule #Security safeguards (13.05, subd. 5)

Advisory Opinion 96-042 96-042

September 18, 1996 · September 18, 1996; University of Minnesota

Pursuant to Minnesota Statutes Chapter 13, did Dr. Willard Miller inappropriately gain access to private data about K, a University of Minnesota student? Did Dr. Willard Miller violate a provision of Minnesota Statutes …

Data subjects Educational data Electronic data Informed consent #Email #Email/internet #FERPA (Federal Education Rights and Privacy Act) #Implied vs. written #Legitimate educational interest

+2 more

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

Advisory Opinion 96-039 96-039

August 27, 1996 · August 27, 1996; School District 701 (Hibbing)

Did Hibbing Independent School District 701 violate M's rights, pursuant to Minnesota Statutes Section 13.32, by improperly disseminating educational data about M?

Educational data #County attorney

Advisory Opinion 96-027 96-027

July 8, 1996 · July 8, 1996; Nicollet County

Has Nicollet County met its obligation, under Minnesota Statutes Chapter 13, to provide R, through R's attorney, access to its data about S, R's minor child?

Data subjects Educational data #Minor request to withhold data

Advisory Opinion 96-025 96-025

June 14, 1996 · June 14, 1996; Minnesota Department of Children, Families and Learning

Can the MDCFL provide the data requested by the Star Tribune in a manner that will not violate the rights provided for individual students under state and federal law?

Educational data #Grade book or testing data

Advisory Opinion 96-024 96-024

June 10, 1996 · June 10, 1996; School District 834 (Stillwater)

Is Mr. O'Connor entitled to a copy of the District memorandum he referred to in his letter dated April 16, 1996? Is he entitled to a copy of the

Educational data Response to data requests

Advisory Opinion 96-023 96-023

June 5, 1996 · June 5, 1996; School District 696 (Ely)

Has School District #696, Ely, complied with the requirements of Minnesota Statutes Section 13.04, subdivision 3, regarding access to data by a data subject?

Data subjects Educational data

Advisory Opinion 96-019 96-019

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 96-015 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 96-011 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 96-009 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 96-007 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 96-002 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 95-049 95-049

November 29, 1995 · November 29, 1995; Olmsted County

If Olmsted County Community Services maintains data about an individual, are legally authorized representatives of that individual entitled to gain access to those data, upon request, pursuant to Minnesota Statutes Chap…

Attorney data Data subjects Educational data #County attorney #Informed consent

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