October 28, 2004; Lake County
10/28/2004 10:14:43 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:On October 11, 2004, IPAD received a letter from Russ Conrow, County Attorney for Lake County, in which he asked the Commissioner to issue an advisory opinion regarding the classification of certain data maintained by the County. A summary of the facts of this matter follows. Mr. Conrow asked the Commissioner to address the classification of certain criminal investigative material maintained by the Lake County Sheriff's Office. According to Mr. Conrow: The material concerns the disappearance of [an] individual on May 12, 1985. The material gives the investigative file of the sheriff's department from that time period. Two local individuals have subsequently begun their own investigation into the disappearance. They have obtained large amounts of information, however [they] would like to review the sheriff's files. We have told them that under . . . Minnesota Statute 13.82, Subd. 7, the investigation is still open and, therefore, is confidential or non-public protected information. However, one of the individuals had access to the materials during a previous sheriff's administration. He believes that since he already had access to the information, it is no longer confidential or non-public information. Issue:In his request for an opinion, Mr. Conrow asked the Commissioner to address the following issue:
Discussion:Pursuant to Minnesota Statutes, section 13.82, subdivision 7, criminal investigative data, i.e., data collected or created by a law enforcement agency in order to prepare a case against a person, whether known or unknown, for the commission of a crime or other offense for which the agency has primary investigative responsibility is confidential or protected nonpublic while the investigation is active. Inactive investigative data is public [with exceptions]. Further, an investigation becomes inactive upon the occurrence of any of the following events:
(a) a decision by the agency or appropriate prosecutorial authority not to pursue the case;
Section 13.82, subdivision 7, also states: [d]ata determined to be inactive under clause (a) may become active if the agency or appropriate prosecutorial authority decides to renew the investigation. According to Mr. Conrow, one of the data requestors had obtained access to the data in question during a previous sheriff's administration. He stated that the investigation is still open. Regardless whether a previous sheriff reached a different conclusion, the current Lake County Sheriff is the responsible authority for the data in question, and, accordingly, has the responsibility to provide proper access to those data. Mr. Conrow stated the investigation is still active; therefore, pursuant to section 13.82, subdivision 7, the data are confidential or protected nonpublic, and not accessible to the public. Opinion:Based on the facts and information provided, my opinion on the issue raised by Mr. Conrow is as follows:
Signed:
Dana Badgerow
Dated: October 28, 2004 |
Law enforcement data
Criminal investigative data (13.82, subd. 7)
