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December 31, 1997; University of Minnesota
12/31/1997 10:15:43 AM
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data Practices Act. It is based on the facts and information available to the Commissioner as described below.
Facts and Procedural History:For purposes of simplification, the information presented by the person who requested this opinion and the response from the government entity with which the person disagrees are presented in summary form. Copies of the complete submissions are on file at the offices of PIPA and, with the exception of any data classified as not public, are available for public access.On November 20, 1997, PIPA received a letter from Odessa Shonoiki. In her letter, Ms. Shonoiki requested that the Commissioner issue an opinion regarding her rights to gain access to certain data maintained by the University of Minnesota. Ms. Shonoiki enclosed copies of related correspondence. In response to Ms. Shonoiki's request, PIPA, on behalf of the Commissioner, wrote to Tracy M. Smith, Associate General Counsel for the University. The purposes of this letter, dated November 25, 1997, were to inform Ms. Smith of Ms. Shonoiki's request, and to ask her to provide information or support for the University's position. On December 15, 1997, PIPA received a response from Susan McKinney, Responsible Authority for the University. A summary of the detailed facts of this matter follows.
In a letter to Ms. McKinney dated October 13, 1997, Ms. Shonoiki requested access to inspect the following data on all University Math Department employees:
As of November 14, 1997, the date of her opinion request, Ms. Shonoiki had not received a response from the University. In her response to the Commissioner, Ms. McKinney wrote: [a]s responsible authority under the Data Practices Act, I took Ms. Shonoiki's request and put it in line with the other data requests that have been received. I have not heard from Ms. Shonoiki since her initial letter of request. At this time, we have not yet finalized gathering the information that Ms. Shonoiki requested. We believe that we are acting in a reasonable time period to gather this data on 209 employees.
Issue:
In her request for an opinion, Ms. Shonoiki asked the Commissioner to address the following issue:
Discussion:
Pursuant to Minnesota Statutes Section 13.43, subdivision 2, the data requested by Ms. Shonoiki are public personnel data. Pursuant to Section 13.03, subdivision 1, [t]he responsible authority in every state agency, political subdivision and statewide system shall keep records containing government data in such an arrangement and condition as to make them easily accessible for convenient use. According to Section 13.03, subdivision 2, and Minnesota Rules Part 1205.0300, subpart 3, government entities must respond to requests for access to data, respectively, in an appropriate and prompt manner, and within a reasonable time.
As of November 14, 1997, the date of her opinion request, Ms. Shonoiki had not received any response from the University to her October 13, 1997 request for access to data. According to Ms. McKinney, as of December 4, 1997, the University had not provided Ms. Shonoiki with access to the data she requested. According to Ms. McKinney, Ms. Shonoiki requested data on 209 University employees. Although Chapter 13 does not provide definitions of prompt and reasonable, whether a government entity has responded to a data request in accordance with its statutory obligation must be gauged by the nature of the request. Given the extent of Ms. Shonoiki's request, it would be appropriate for the University to communicate to her that it would take some time to compile the data she requested, and to give her an approximation of when she might be provided access. Instead, the University has not responded for at least four weeks, and has not provided her with access more than seven weeks after receipt of her request. For those reasons, the Commissioner is of the opinion that the University's response is neither prompt nor reasonable. Opinion:Based on the facts and information provided, my opinion on the issue raised by Ms. Shonoiki is as follows:
Signed:
Elaine S. Hansen
Dated: December 31, 1997 |
Inspection
Reasonable time and place (1205.0300, subp. 3)