Each entity must identify, designate or appoint one individual as its RA. The RA is the person who ultimately is responsible for the collection, use, and dissemination of all entity data, and for all of the entity’s data practices decisions. The RA also must make sure the entity complies with all of the requirements of the Act and the Rules. Both the entity and the RA are liable for violations of Chapter 13. (Minnesota Statutes, sections 13.02, subdivision 16; 13.05; Minnesota Rules 1205.0200, subparts 12-15, and 1205.0800-1500)
- State agency: the RA is the commissioner, the chief executive officer, or an agency official appointed by the agency’s governing body. (Minnesota Rules 1205.0200, subpart 13)
- Constitutional officer: the constitutional officer is the RA for his/her office. (Minnesota Rules 1205.0200, subpart 13)
- Elected official: the elected official is the RA for his/her office.
- Data outside of offices of elected officials: an individual appointed by the governing body. Until such time the RA will be the county coordinator or administrator, if the county does not have a coordinator or administrator, then the county auditor.
- County social services agency: the RA is the director of the agency.
- City: an individual appointed by the governing body, or until such time, the RA will be the city clerk, if no city clerk, the chief clerical officer for filing and record keeping.
- School district: an individual appointed by the governing body, or until such time, the superintendent.
- All other political subdivisions: an individual appointed by the governing body, or until such time, the chief clerical officer in charge of filing and record keeping.
If your entity is not one described above, look to Minnesota Rules 1205 and Chapter 13 for guidance.