Law Enforcement Overview

Classification of Certain Law Enforcement Data

*Section 13.82 classifies other data not listed in chart above.

Active Criminal Investigative Data

Active criminal investigative data that are classified as not public may be released by a law enforcement agency under certain conditions set out in Minnesota Statutes, section 13.82:

• To another law enforcement agency to initiate or aid in an investigation (subd. 24)
• To any person, agency, or the public to aid law enforcement process, promote public safety, or dispel widespread rumor/unrest (subd. 15).
• To crime victims/legal representatives (subd. 13; Advisory Opinion 11-015)

Inactive Criminal Investigative Data

Most active criminal investigative data becomes public when the investigation becomes inactive.

A criminal investigation becomes inactive when the first of the following occurs:

• A decision is made not to pursue the case
• Time to bring a charge expires (i.e. statute of limitations reached)
• Appeal rights become exhausted, or a not guilty verdict reached 
• (Minn. Stat. sec. 13.82, subd. 7)

Exceptions

Under section 13.82, the following data retain a not public classification, and require redaction before public release, even when part of an inactive investigation:

• 911 Call audio records (subd. 4)
• Images clearly offensive to common sensibilities (subd. 7)
• Data that would jeopardize another ongoing investigation (subd. 7)
• Certain financial account or transaction information (subd. 30)
• Certain child abuse data (subd. 8 & 9)
• Certain vulnerable adult data (subd. 10 & 11)
• Protected identities (subd. 17):
  • Undercover officers (Advisory Opinion 12-013)
  • Criminal sexual conduct victims
  • Informants if threat to personal safety
  • Adult witness/victim, upon request, unless no threat to safety (Advisory Opinion 01-069)
  • Juvenile victim, upon request, unless no threat to safety (Advisory Opinion 03-042)
  • Juvenile witness where subject matter justifies protection (Advisory Opinion 18-002)
  • Mandated reporters
  • 911 caller if agency believes release would threaten personal safety or property; or if reason for call is a mental health emergency (Advisory Opinion 01-050, Advisory Opinion 05-031)
  • Deceased person whose body was unlawfully removed from a cemetery

Please note: Minnesota Statutes, section 260B.171, subdivision 5 classifies active or inactive data on delinquent or alleged delinquent juveniles as private. For more information, please see our Law Enforcement Data on Juveniles webinar recording.

Classification of Dates of Birth (DOB) at Law Enforcement Agencies

Generally, DOB data in police reports are presumptively public. However, the Legislature used different terms when it classified age-related data in Minnesota Statutes, section 13.82. The Legislature specified that the "age" of an arrestee and the "date of birth" of parties to a traffic accident are public when there is an active investigation (subd. 2(j); subd. 6(k)). This data 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.

Arrestees (adult and juvenile)

Active or inactive investigation:

• LEAs may provide either the full DOB, or just the year, as the age of an arrestee. 

Parties involved in a traffic accident

Active or inactive investigation:

• Adult: full date of birth is public
• Juvenile: full date of birth is public, unless classified as private under Minnesota Statutes, sec. 260B.171, subd. 5(d).

Witnesses/victims (adult and juvenile)

• Active investigation: all date of birth data are confidential
• Inactive investigation: all date of birth data are public, unless the identity is private as protected under subdivision 17.

For further guidance, see Advisory Opinion 17-002, which addresses various DOB data at a law enforcement agency.