September 27, 2007; Teachers Retirement Association
9/27/2007 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.
Note: In 2014, the Legislature amended Minnesota Statutes, section 13.05, subd. 11(a), related to government contracts.
Facts and Procedural History:
On August 8, 2007, IPAD received a memorandum dated same from Lori Fiori Hacking, Executive Director of the Teachers Retirement Association (TRA). In her memorandum, Ms. Hacking asked the Commissioner to issue an advisory opinion regarding the classification of certain data TRA maintains. A summary of the facts is as follows. In her opinion request, Ms. Hacking wrote: TRA occasionally receives requests from external organizations to facilitate mailings to teachers and/or retirees. One example is a committee that would like to contact a particular group of teachers for a class reunion. Another is an employer who would like to contact a group of their former employees, but have lost current addresses for these individuals. While no formal policy exists to address these requests, TRA has generally declined to participate in such mailings. However, TRA has worked with retiree groups in the past to facilitate mailing of TRA-related materials, but has concluded that a new policy has to be formulated . . . Under the policy, TRA staff may continue to work with constituency groups to conduct mailings in which the Executive Director deems are directly related to TRA's mission and purpose in furthering the interest of its members and benefit recipients. The TRA Executive Director will evaluate these situations on a case-by-case basis. No mailings will be facilitated by TRA that involve promoting political activities or the solicitation of goods and services. In all cases, the names and addresses of the members and/or retirees will not be released in any form to the constituent group. TRA will contract with a third party mailing vendor to facilitate mailing of TRA-related material. TRA shall obtain written certification from the vendor that the membership data transmitted to facilitate the mailing remains confidential and not provided to or used by the constituent group or the third party vendor for any other purposes.
Issue:
Based on Ms. Hacking's opinion request, the Commissioner agreed to address the following issue:
Discussion:
Pursuant to Minnesota Statutes, section 13.03, subdivision 1, government data are public unless otherwise classified. Pursuant to section 13.63, subdivision 2, the addresses of beneficiaries and survivors of Teachers Retirement Association (TRA) members are private. In addition, pursuant to section 13.05, subdivision 3, the use . . . of private and confidential data on individuals shall be limited to that necessary for the administration and management of programs specifically authorized by the legislature or local governing body or mandated by the federal government. In her opinion request, Ms. Hacking discusses that TRA wishes to mail information that is directly related to TRA's mission and purpose in furthering the interest of its members and benefit recipients. This appears to be consistent with what the Legislature contemplated when it enacted section 13.05, subdivision 3. Government entities (subject to Chapter 13) contract with non-government organizations (not subject to Chapter 13) to perform functions on their behalf. Chapter 13 discusses these contractual relationships in several provisions, the most recently-enacted of which is section 13.05, subdivision 11. It states, in part: If a government entity enters into a contract with a private person to perform any of its functions, the government entity shall include in the contract terms that make it clear that all of the data created, collected, received, stored, used, maintained, or disseminated by the private person in performing those functions is subject to the requirements of this chapter and that the private person must comply with those requirements as if it were a government entity. Thus, in the contract between TRA and the mailing vendor, TRA must include language clarifying that the private addresses in the hands of the vendor remain subject to the requirements of Chapter 13. Opinion:Based on the facts and information provided, my opinion on the issue that Ms. Hacking raised is as follows:
Signed:
Dana B. Badgerow
Dated: September 27, 2007 |
Contracts/privatization
Teachers Retirement Association (TRA)
