Note: The Commissioner considers all applications on a case by case basis. Applications received between January 1 and the end of a legislation session are less likely to meet the “compelling need for immediate temporary classification,” as the matter can be brought before the legislature. Any entity wishing to submit an application for a temporary classification is encouraged to contact the Data Practices Office to discuss the classification before submitting an application.
Once the Commissioner receives the application, the data are no longer public. However, if the Commissioner determines the application was not properly submitted the application is rejected, and the data revert to their original classification. Temporary classifications are made pursuant to Minnesota Statutes, section 13.06.
Copies of accepted applications are linked below.
Once an application is accepted, the Commissioner has 45 calendar days to decide whether to grant the request and 90 days if it is determined that the request applies to similar government entities.
If the Commissioner does not grant the request, the data revert to public classification 20 calendar days after the date of the decision.
If the Commissioner grants the request, the Attorney General's office must review the application within 25 calendar days.
| If... | Then... |
|---|---|
| the Attorney General's office disagrees with the Commissioner's decision | the data revert to public five business days after the date of the decision |
| the Attorney General's office agrees with the Commissioner's decision | the Commissioner must submit the approved classification to the Legislature by January 15 of the year following the approval |
As an example, assume a temporary classification is granted between January 1, 2015, and December 31, 2015. If the Legislature does not pass a law by August 1, 2017 making the classification permanent, the temporary classification expires and the data revert to public.
