August 18, 2004; Hennepin County
8/18/2004 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:On July 9, 2004, IPAD received a letter from Mr. and Mrs. X, in which they asked the Commissioner to issue an advisory opinion regarding a possible violation of their rights under Minnesota Statutes, Chapter 13, by the Hennepin County Children, Family and Adult Services Department (CFASD.) In response to the Xs' request, IPAD, on behalf of the Commissioner, wrote to Sue Zuidema, Acting Director of CFASD. The purposes of this letter, dated July 14, 2004, were to inform her of the Xs' request and to ask her to provide information or support for CFASD's position. CFASD did not submit any comments in response. A summary of the facts of this matter follows. According to the Xs, in a letter dated February 17, 2004, they wrote to Ms. Zuidema to challenge the accuracy and completeness of certain data maintained by CFASD, pursuant to Minnesota Statutes, section 13.04, subdivision 4. Ms. Zuidema did not respond. In a letter dated June 16, 2004, the Xs wrote again to Ms. Zuidema, asking for a response to their February data challenge. Ms. Zuidema did not respond. Issue:In their request for an opinion, Mr. and Mrs. X asked the Commissioner to address the following issue:
Discussion:Pursuant to Minnesota Statutes, section 13.04, subdivision 4, an individual subject of government data has the right to challenge the accuracy and/or completeness of the data. According to the procedures set forth at section 13.04, subdivision 4(a): To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (2) notify the individual that the authority believes the data to be correct. In a letter dated February 17, 2004, the Xs wrote to Ms. Zuidema, the responsible authority for CFASD, to challenge the accuracy and completeness of data about them. Pursuant to the requirements of section 13.04, subdivision 4, Ms. Zuidema was required, within 30 days of receipt of that letter, either to correct the data or to notify the Xs that she believes the data are accurate and complete. Ms. Zuidema did not respond either to the Xs' data challenge dated February 17, 2004, or to their follow-up letter dated June 16, 2004. Therefore, Ms. Zuidema has not made a determination about the data challenge presented by the Xs, as is required by section 13.04, subdivision 4. Opinion:Based on the facts and information provided, my opinion on the issue raised by Mr. and Mrs. X is as follows:
Signed:
Brian J. Lamb
Dated: August 18, 2004 |
Data subjects
Challenge accuracy and completeness of data
