Facts and Procedural History:

On December 12, 2011, the Information Policy Analysis Division (IPAD) received a letter dated December 5, 2011, from W.L. Hartmann, Executive Director of the Minnesota Board of Animal Health (BAH). In his letter, Dr. Hartmann asked the Commissioner of Administration to issue an advisory opinion regarding the classification of certain data BAH maintains. IPAD asked for additional information/clarification, which Beth Thompson of BAH provided on December 12, 2011, and January 23, 2012.

A summary of the facts as Dr. Hartmann and Dr. Thompson provided them follows. In his opinion request, Dr. Hartmann wrote:

1. The Board of Animal Health is a repository for animal test charts. Test charts generally contain the owner's name, address, and the premises identification number, in addition to individual animal or herd identification and testing results.

2. If the Board receives a request for information on a specific named premises, can additional information be supplied? For example, if a request is made for the type of animals and identification numbers of the animals located on John Doe's premises, premises ID #11111', can the information be supplied?

Dr. Hartmann submitted a sample form, entitled Cooperative State-Federal Tuberculosis Eradication Program, with his request. According to Dr. Thompson, for purposes of this opinion, there is no issue of federal law classifying the data.

Issue:

Based on Dr. Hartmann's opinion request, the Commissioner agreed to address the following issues:

Discussion:

Pursuant to Minnesota Statutes, Chapter 13, government data are public unless otherwise classified. (Minnesota Statutes, section 13.03, subdivision 1.)

Minnesota Statutes, section 13.643, subdivision 6, states:

(a) The following data collected and maintained by the Board of Animal Health related to registration and identification of premises and animals under chapter 35, are classified as private or nonpublic:

(1) the names and addresses;

(2) the location of the premises where animals are kept; and

(3) the identification number of the premises or the animal.

Issue 1. Pursuant to Minnesota Statutes, section 13.643, what is the classification of data in animal test charts that the Minnesota Board of Animal Health (BAH) maintains?

The Cooperative State-Federal Tuberculosis Eradication Program form collects herd owner's name (including signature) and complete address, and animal identification number. Those data are private/nonpublic under Minnesota Statutes, section 13.643. Dr. Thompson wrote that the Board considers that the following data collected on the form constitute all the location of premises where animals are kept data, which are also private/nonpublic: county, township or district, sec[tion], farm no.

The form also contains data in addition to those specifically classified under Minnesota Statutes, section 13.643. For example, reason for test, previous test date, kind of herd, method of test, as well as for practitioner's (veterinarian's) name, telephone number and signature, date/hour of injection and observation, number of and kind of eligible animals in herd, certification for payment, etcetera. Pursuant to Minnesota Statutes, section 13.03, subdivision 1, those data are presumptively public.

Issue 2. May the Board release data in response to a request such as the following: the type and identification numbers of animals located on John Doe's premises, ID #?

In Advisory Opinion 11-007, the Commissioner opined:

Although the registration data the requestor seeks - registration number for a boat, snowmobile or OHV; the type, size and length of the recreational vehicle; a serial number; notice of liens; etcetera - are public when not linked to an individual, once they are connected to an individual, pursuant to Minnesota Statutes, section 84.0874, the registration data cannot be released.

In other words, the effect of Minnesota Statutes, section 84.0874, is that DNR cannot release registration data that are linked to identifying information about the individual registrant, unless the registrant has given his/her informed consent or there is statutory authority permitting the disclosure.

The analysis here is similar. Once the public data on the form are linked to the private/nonpublic data (e.g., name, address, and location and premises identification number), then generally speaking they cannot be released, absent the owner's consent or statutory authority, pursuant to Minnesota Statutes, section 13.643. (However, under section 13.643, subdivision 6 (b), the Board may release data to any person, agency, or to the public if the board determines that the access will aid in the law enforcement process or the protection of public or animal health or safety.)

Opinion:

Based on the facts and information provided, the Commissioner's opinion on the issues Dr. Hartmann raised is as follows:

Signed:

Spencer Cronk
Commissioner

Dated: January 31, 2012