Under Minnesota Statutes, section 13.82, law enforcement data are data created, collected, or maintained by entities which carry on a law enforcement function, including municipal police, county sheriff and fire departments, the Minnesota State Patrol and the Department of Public Safety. Data collected by other agencies that merely work with law enforcement, such as prosecutors or probation authorities, are not covered by the provisions of section 13.82.
Adult witness/victim, upon request, unless no threat to safety
Juvenile victim, upon request, unless no threat to safety
Juvenile witness where subject matter justifies protection
Delinquent/alleged delinquent juvenile
911 caller if agency believes would threaten personal safety or property; or reason for call is mental health emergency Advisory Opinion 01-050, Advisory Opinion 05-031
Classification of Dates of Birth (DOB) at Law Enforcement Agencies
Generally, DOB data are presumptively public in police reports. However, in classifying age-related data in two circumstances, the Legislature used separate terms. Under Minnesota Statutes, section 13.82, the Legislature specified that “age” of an arrestee (subdivision 2(j)), and “date of birth” of parties to a traffic accident (subdivision 6(k)), are explicitly public when there is an active investigation (and may not be protected under subdivision 7). The following guidance can assist law enforcement agencies (LEA) in responding to requests for age-related data in police reports.