Data Practices Act Remedies

If there is a violation of the Data Practices Act, it is up to the individual harmed by the violation to seek enforcement of the Act through state court or the Court of Administrative Hearings (CAH). The remedies available under the Data Practices Act depend on whether an action is filed in district court or with CAH. More information about available remedies is provided below and can also be found in our informational video on the topic.

Please note: neither the Data Practices Office nor the Department of Administration has the power to enforce the requirements of the Data Practices Act. However, the Commissioner of Administration does have authority to issue non-binding advisory opinions to parties seeking resolution of disputes related to the Data Practices Act. For more information about the advisory opinion process see our page on Advisory Opinions.

Civil lawsuit in district court
The following remedies are available to a plaintiff who brings a civil lawsuit in district court under Minnesota Statutes, section 13.08:
- Damages
  A plaintiff can recover any damages they sustained because of a violation of the Data Practices Act, plus costs and reasonable attorney fees (subd. 1). If the violation is willful, the government entity shall also be liable for exemplary damages ranging from $1,000-$15,000 for each violation (subd. 1).
- Injunction
  The court can issue an order requiring the Responsible Authority or government entity to stop violating the Data Practices Act (subd. 2).
- Compel Compliance
  The court can order the Responsible Authority or government entity to comply with the Data Practices Act (subd. 4).
- Civil Penalty
  If the court issues an order to compel compliance, the court may impose a civil penalty of up to $1,000 on a government entity (subd. 4).
- Costs & Attorney Fees
  Costs and reasonable attorney fees are recoverable in an action for damages and may be awarded in an action to compel compliance (subd. 4).
Action with the Court of Administrative Hearings
The following remedies are available to a person who files a complaint with the Court of Administrative Hearings under Minnesota Statutes, section 13.085:
- Compel Compliance
  The administrative law judge (ALJ) can order the Responsible Authority or government entity to comply with the Data Practices Act (subd.5).
- Civil Penalty
  The ALJ may impose a civil penalty up to $300 (subd. 5).
- Refer for Criminal Prosecution
  The ALJ may refer the complaint to the prosecuting authority for consideration of criminal charges (subd. 5).
- Attorney Fees
  The ALJ may award the complainant reasonable attorney fees, not to exceed $5,000 (subd. 6).
- Filing Fee Refund
  The complainant shall receive a partial refund of the filing fee unless the ALJ determines that the complaint was frivolous or brought for purposes of harassment (subd. 6).
More information on filing an action at the Court of Administrative Hearings is available on its website.
Other Penalties
There are other penalties that may be imposed on individuals who violate the data practices act under Minnesota Statutes, section 13.09:
- Misdemeanor
  A willful violation of the Data Practices Act is a misdemeanor. Only a prosecuting authority can bring an action charging someone with a misdemeanor for violating the Data Practices Act. A member of the public cannot file an action seeking this penalty.
- Suspension or Dismissal
  A willful violation of the Data Practices Act by a public employee is just cause for suspension without pay or dismissal.