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Advisory Opinion 96-008

February 5, 1996; Minnesota Department of Public Safety

2/5/1996 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 government entity that requested this opinion is presented in summary form. Copies of the complete submissions are on file at the offices of PIPA and, with the exception of any data that are not public, are available for public access.

On November 7, 1995, PIPA received a letter from Michael Jordan, Commissioner of the Minnesota Department of Public Safety, hereinafter MDPS. In his letter, Commissioner Jordan requested that the Commissioner issue an advisory opinion regarding the classification of certain data maintained by the Capitol Complex Security Division of MDPS. (Commissioner Jordan's request was not processed until January, 16, 1996, because that is the date PIPA received the fee required, pursuant to Minnesota Statutes Section 13.072, for requests by government entities.)

A summary of the facts surrounding this matter is as follows. Commissioner Jordan stated, The Capitol Complex Security Division has received a request for a copy of the dispatch tape recording the request of a state legislator for a ride. We wish to ascertain the data practices status of the entire recording of that event. Commissioner Jordan asserted that data collected and maintained by the Capitol Complex Security Division, hereinafter Capitol Security, appear to be classified under Minnesota Statutes Section 13.861. Section 13.861 classifies certain data as public and provides that any remaining data collected and maintained by security services are private.

Commissioner Jordan wrote:

Thus, the request for a ride appears to be a request for service, comparable to the data referenced in Minn. Stat. section 13.82, subd. 3. Therefore, four items of data are public: 1) the nature of the request or the activity complained of; 2) the name and address of the individual making the request unless the identity qualifies for protection under Minn. Stat. section 13.82, subd. 10 (which does not appear applicable here); 3) the time and date of the request or complaint; and 4) the response initiated.

Acknowledging that public access must be granted to any data on the tape similar to those data described in Section 13.82, subdivision 3, Commissioner Jordan further stated:

Although in this particular instance, the request for service was denied due to the location of the caller outside Capitol Security's jurisdiction, the response by Capitol Security is one of the four pieces of data made public by Minn. Stat. section 13.82, subd. 3. It does not appear that the classification of the data should be dependent upon Capitol Security's response to the request for service or the physical location of the caller. Thus, an argument can be made that all portions of the tape beyond the four items referenced in Minn. Stat. section 13.82, subd. 3 are private security information pursuant to Minn. Stat. section 13.37.

Issue:

In his request for an opinion, Commissioner Jordan asked the Commissioner to address the following issue:

What is the classification of data collected and maintained by the Capitol Complex Security Division of the Minnesota Department of Public Safety relating to a request from an individual for an automobile ride?

Discussion:

There is no dispute that data collected, created, or maintained by Capitol Security are classified pursuant to Minnesota Statutes Section 13.861, security service data. In relevant part, Section 13.861, subdivision 2, states, Security service data that are similar to the data described as request for service data and response or incident data in section 13.82, subdivisions 3 and 4, are public....All other security service data are security information pursuant to section 13.37. (Section 13.37, subdivision 2, classifies security information as private, with regard to data on individuals, or nonpublic, with regard to data not on individuals.)

Section 13.82, subdivision 3, provides that certain data (see clauses (a) through (d)) created or collected by law enforcement agencies which document requests by the public for law enforcement services are public. Section 13.82, subdivision 4, provides that certain data (see clauses (a) through (m)) created or collected by law enforcement agencies which document the agencies' responses to requests for service are public.

In the current situation, an individual contacted Capitol Security and requested an automobile ride, a service provided by Capitol Security. This is clearly a request for service. Therefore, as Commissioner Jordan concluded, pursuant to Section 13.861, subdivision 2, any of the data contained on the tape which are similar to the data elements described in Section 13.82, subdivision 3, (a) through (d), are public. Specifically, any or all of the following data which document the individual's request to Capitol Security are public: (1) the nature of the request or the activity complained of; (2) the name and address of the individual making the request, unless the identity of the individual qualifies for protection under subdivision 10 (this qualification does not appear to apply in the present situation); (3) the time and date of the request or complaint; and (4) the response initiated and the response or incident report number. (See Section 13.82, subdivision 3, (a) through (d)).

Commissioner Jordan suggests the only data on the tape that may be public are request for service data. However, it is possible, depending on the content of the conversation on the tape, that the tape may contain some additional public data. Section 13.861 also classifies as public those data described in Section 13.82, subdivision 4 (response or incident data). Accordingly, if any of the data contained on the tape document Capitol Security's response to the individual's request for service, and are similar to the data elements described in clauses (a) through (m), those data are public.

Given Commissioner Jordan's description of the content of the dispatch tape, it appears that the tape might contain data similar to those described in clauses (a), (b), and (f), of Section 13.82, subdivision 4. Clause (a) makes public the date, time, and place of the action ( action in this case being Capitol Security's response). Clause (b) makes public the agencies, units of agencies and individual agency personnel participating in the action, unless the identities of agency personnel qualify for protection under subdivision 10. Clause (f) makes public a brief factual reconstruction of events associated with the action. Thus, if the dispatch tape contains any of the above data documenting Capitol Security's response to the individual's request for an automobile ride, those data are public under Section 13.82, subdivision 4.

Opinion:

Based on the correspondence in this matter, my opinion on the issue raised by Commissioner Jordan is as follows:

Any data contained in the Capitol Security dispatch tape which are similar to the data described in Section 13.82, subdivision 3, (request for service data) and to the data described in Section 13.82, subdivision 4, (response or incident data) are public data.

Signed:

Elaine S. Hansen
Commissioner

Dated: February 5, 1996

Law enforcement data

Security information

Request for service data (13.82, subd. 3)

Response or incident data (13.82, subd. 6 / subd. 4)

Security service data/Capitol Security (13.861)

Security information (13.37, subds. 1(a), 2)

Security service data (13.861)