Responsible Authorities

Each entity must identify, designate, or appoint one person as its responsible authority (RA). The RA is the person who ultimately is responsible for the collection, use, and dissemination of all entity data, and for all the entity’s data practices decisions. The RA must also make sure the entity complies with the requirements of the Data Practices Act and the Administrative Rules. If an entity violates the Act, both the entity and the RA are liable.

Which person is the RA depends on the type of entity: 

• State agency
  • For state agencies, the RA is the commissioner, the constitutional officer, the chief executive officer, or an agency official appointed by the agency's governing body. 
  • (Minnesota Rules 1205.0200, subp. 13; Minnesota Statutes, section 13.02, subd. 16)
• County
  • A county-level elected official is the RA for their office. 
  • For data outside the elected official's office, the RA is an individual appointed by the county board. Until that time, the RA is the county coordinator or administrator or, if the county does not have a coordinator or administrator, the county auditor. 
  • For county social services agencies, the RA is the director of the agency. 
  • (Minnesota Rules, 1205.0200, subp. 14; Minnesota Statutes, section 13.02, subd. 16; Minnesota Statutes, section 13.46, subd. 10)
• City
  • For cities, the RA is an individual appointed by the city council. Until that time, the RA is the city clerk or, if there is no city clerk, the chief clerical officer for filing and record keeping. 
  • (Minnesota Rules, 1205.0200, subp. 14; Minnesota Statutes, section 13.02, subd. 16)
• School district
  • For school districts, the RA is an individual appointed by the school board. Until that time, the RA is the superintendent.
  • (Minnesota Rules, 1205.0200, subp. 14; Minnesota Statutes, section 13.02, subd. 16)
• All other political subdivisions
  • For all other political subdivisions, the RA is an individual appointed by the governing body. Until that time, the RA is the chief clerical officer in charge of filing and recording keeping. 
  • (Minnesota Rules, 1205.0200, subp. 14; Minnesota Statutes, section 130.02, subd. 16)

If your entity is not one described above, look to Minnesota Rules, Chapter 1205 and Minnesota Statues, Chapter 13 for guidance.

Note that the Rules require each entity to include the RA's name, job title, and business address in a document that is available to the public. The document must also identify the RA or designees as the persons responsible for answering questions from the public about the Act and the Rules. An entity may include this information its public data access policy. (Minnesota Rules, 1205.1200, subp. 2)

Resources:

Responsibilities of the Responsible Authority, Designee, and Data Practices Compliance Official (pdf)

Data Practices Act: What All Responsible Authorities Need to Know (YouTube video) 

If you have questions about RAs, please contact our office.