November 16, 1994; Beltrami County
11/16/1994 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 provided by the citizen who requested this opinion is presented in summary form. The entity whose data are the subject of this opinion did not file a response to the notification of the citizen's request for an opinion. Copies of the detailed submission of the citizen are on file at the offices of PIPA and are available for public inspection.On October 28, 1994, PIPA received a letter from Elizabeth Dunn, attorney for X, in which Ms. Dunn outlined her efforts, on behalf of X, to gain access to certain data maintained about X's minor child by Beltrami County Social Services, hereinafter County. Ms. Dunn, through a Release of Information form signed by her client, sought access to the data, beginning in April, 1994, and continuing into October, 1994. According to her, she made numerous attempts to gain access to the data, each of which was unsuccessful. Ms. Dunn first contacted personnel at the social services department, and was told that her request must be directed to Timothy Faver, attorney for Beltrami County. Her subsequent attempts to gain access to the data were directed both to Mr. Faver and to personnel in social services. According to Ms. Dunn, as of October 25, 1994, she had received no response to her inquiries from Mr. Faver, and had not gained access to the data. Ms. Dunn then requested an opinion of the Commissioner, concerning the issues enumerated in the Issues section below. In response to this request, PIPA, on behalf of the Commissioner, wrote to Mr. Larry Ellingson, acting director of Beltrami County Social Services. The purposes of this letter were to inform Mr. Ellingson of Ms. Dunn's opinion request, to provide a copy of the request to him, to ask Mr. Ellingson or the County's attorney to provide information or support for the County's position, and to inform him of the date by which the Commissioner was required to issue this opinion. The County did not respond to PIPA's letter, and therefore this opinion is based solely upon the information provided by Ms. Dunn. Issues:
Discussion:
Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act, hereinafter Act , confers specific rights upon parents to have access to government data about their minor children. Minnesota Statutes Section 13.02, subdivision 8, states that In the case of a minor...'individual' includes a parent...except that the responsible authority shall withhold data from parents...upon request by the minor if the responsible authority determines that withholding the data would be in the best interest of the minor.
Minnesota Rules Section 1205.0500 also governs access to private data on minors. Subpart 2 (B) states that For purposes of this part, the responsible authority shall presume the parent has the authority to exercise the rights inherent in the act unless the responsible authority has been provided with evidence that there is a state law or court order governing such matters as divorce, separation, or custody, or a legally binding instrument which provides to the contrary. Nothing was provided to the Commissioner to indicate that X's rights to gain access to government data concerning her minor child have been abrogated. Pursuant to Minnesota Statutes Section 13.46, most data maintained by an agency which is part of the welfare system, as is the County, are private government data. There is some indication in Ms. Dunn's letter that the data may involve child protection data. If this is the case, Minnesota Statutes Section 626.556 specifically governs those data. However, other than the identity of a reporter of maltreatment, data collected, created or maintained by child protection agencies are classified under Section 626.556 as private data. Access to child protection data is specifically governed by Minnesota Statutes Chapter 13. (See Minnesota Statutes Section 626.556, subdivision 11.) Ms. Dunn, in her letter requesting an opinion, enumerated her many attempts, beginning in April, 1994, and continuing into October, 1994, to gain access, on behalf of her client and with a written consent, to private data maintained by the County about X's minor child. Private data about a minor child are accessible by the parent of that child. (See Minnesota Statutes Section 13.02, subdivisions 8 and 12.) Minnesota Rules Section 1205.0400, subpart 2, also identifies entities and individuals who may have access to private government data, including ... individuals given access by the express written direction of the data subject. For purposes of this rule provision, X functions as a subject of the data because the data are about her minor child. Minnesota Statutes Section 13.04, subdivision 3, outlines the rights individuals have to gain access to private government data, and states that The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request...if immediate compliance is not possible. If unable to comply with the request within that time, the responsible authority shall inform the individual, and may have an additional five days within which to comply with the request.... Ms. Dunn has not been provided access to the data she has the right to gain access to on behalf of her client. Access to the data requested not only has not been provided within five days, access to these data has not been provided. Opinion:Based on the correspondence provided in the matter, my opinion on the issues raised by Ms. Dunn is as follows:
Signed:
Debra Rae Anderson
Dated: November 16, 1994
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Data subjects
Educational data
Social services/welfare data
