Appealing a Decision

Note: The appeal process outlined below is only for determinations about the accuracy and completeness of government data about an individual, under Minnesota Statutes section 13.04 subd. 4. If you have questions or concerns about a government entity's response to a request for data, please contact our office.

If the government entity disagrees with your data challenge and determines that the data are accurate and/or complete, you can appeal that determination to the Commissioner of Administration. The Commissioner will review the appeal for completeness and determine whether the appeal is within the authority under section 13.04. 

Please note: All data submitted to the Commissioner of Administration during the data challenge appeal process are presumptively public unless/until your appeal is referred to the Office of Administrative Hearings and an Administrative Law Judge issues a protective order. A protective order is not granted in every case.

How to File an Appeal

Your appeal must be in writing. Click here for an appeal template you may use to ensure you submit all necessary information. 

You must provide the following information:

• Date
• Your name
• Your mailing address
• Optional – your phone number
• Responsible authority’s (RA) name
• Government entity name (i.e., the entity whose data you challenged)
  

State that you are appealing the determination of [name of RA] from [name of government entity] regarding your challenge to the accuracy and/or completeness of certain data.

Specifically identify the data you challenged as being inaccurate and/or incomplete.

Explain your dispute over the challenged data. State why you disagree with the RA’s determination about your data challenge.

Explain to the Commissioner of Administration what you want to happen because of your appeal. For example: Do you want the entity to delete data or remove data from its files? Do you want the entity to change or add data?

Enclose the following:

• A copy of the disputed data,
• A copy of your data challenge letter,
• A copy of the RA’s determination, and
• Copies of other relevant communication, if any, about your data challenge.
  
  

Where to Send Your Appeal Letter

Send your appeal letter and related documents to:

Commissioner of Administration
c/o Data Practices Office
200 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155

You may also email your data challenge appeal to the Commissioner at info.dpo@state.mn.us.

How the Commissioner will Respond to an Appeal

Upon receiving a data challenge appeal, Data Practices Office staff, on behalf of the Commissioner, will review the submitted documents to determine whether we have all information for our office to proceed with the next steps in the appeal process. DPO staff will ask for more information from individuals who do not submit all documents necessary for an appeal to move forward.

After receiving all necessary documentation, DPO staff will attempt to informally resolve the data challenge dispute between the individual and government entity. If the resolution is unsuccessful, then the Commissioner will issue an order and notice of a contested case hearing before an administrative law judge at the Office of Administrative Hearings. 

However, the Commissioner may dismiss an appeal without first attempting informal resolution or before issuing an order and notice of a contested case hearing if: 

• The individual does not appeal a determination that the challenged data are accurate and complete within 60 days of the responsible authority's notice that the individual has the right to appeal the determination;
• The challenged data were previously presented as evidence in a court proceeding where the data subject was a party; or
• The individual making the appeal is not the subject of the data challenged as inaccurate or incomplete. 

Questions?

If you have questions about the data challenge appeal process, please contact our office.