June 29, 2000; Kandiyohi County
6/29/2000 10:17:43 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: See note to Advisory Opinion 94-031. Facts and Procedural History:For purposes of simplification, the information presented by the person who requested this opinion are presented in summary form. Copies of the complete submissions are on file at the offices of IPA and, except for any data classified as not public, are available for public access. On May 2, 2000, IPA received a letter dated April 27, 2000, from Ronald Wilson, Chief Correctional Officer of the Kandiyohi County Jail. In his letter, Mr. Wilson requested that the Commissioner issue an opinion regarding the classification of certain data that the Kandiyohi County Jail/Kandiyohi Sheriff maintains. Issue:In his request for an opinion, Mr. Wilson asked the Commissioner to address the following issue:
Discussion:The Kandiyohi County Sheriff's Office could apply one, or both, of two different provisions in Minnesota Statutes, Chapter 13, to the issues of data classification raised in this opinion. One is section 13.82, law enforcement data. The other is section 13.85, corrections and detention data. Section 13.82, subdivision 2, arrest data, classifies data created or collected by law enforcement agencies which documents any actions taken by them to cite, arrest, incarcerate or otherwise substantially deprive an adult individual of liberty... Section 13.82, subdivision 4, response or incident data, classifies data created or collected by law enforcement agencies which documents the agency's response to a request for service including, but not limited to, responses to traffic accidents, or which describes actions taken by the agency on its own initiative... Subdivisions 2 and 4 of section 13.82 set forth the types of arrest and response or incident data, respectively, that are always public. If the agency is conducting a criminal investigation regarding the arrest or incident, any data, other than those listed in subdivisions 2, 3, or 4 of section 13.82, that the agency collected or created in order to prepare a case are confidential. See section 13.82, subdivision 5. However, once the investigation becomes inactive, any data previously protected become public. There are several exceptions to this general rule. One is subdivision 10 of section 13.82 which requires that the agency protect the identities of certain involved parties, e.g., undercover agents, victims of criminal sexual conduct, informants. In addition, subdivisions 5a and 5b protect data relating to child abuse cases. In the case of this opinion, several of the types of data in question most likely originated at the Sheriff's Office as arrest, or response or incident data: name; race; date of birth; address of inmate; booking number; height and weight; eye color; offenses; scars/marks/tattoos; and victims' names, addresses, and phone numbers. Pursuant to section 13.82, in all likelihood, these types of data would be public with one possible exception - the names, addresses, and phone numbers of victims. The Sheriff's Office will have to make a determination as to whether those data need to be protected pursuant to subdivision 10, or any of the other provisions in section 13.82 that classify specific data as not public. Because the Commissioner is not privy to the details of each particular case, he is not in a position to determine the data classification. One additional note related to section 13.82 is as follows. Language in subdivision 5 of section 13.82, provides, Any investigative data presented as evidence in court shall be public. The Kandiyohi County Sheriff's Office must consider this provision in determining data classifications. The remaining types of data at issue were most likely created or collected because the individual involved was confined at the Kandiyohi jail. Such data are classified at section 13.85, corrections and detention data, and are defined as data on individuals created, collected, used or maintained because of their lawful confinement or detainment in state reformatories, prisons, and correctional facilities, municipal or county jails, lockups, work houses, work farms and all other correctional and detention facilities. Of relevance to this opinion are subdivisions 2, 3, 4 and 5: Subdivision 2. Private data. Unless the data are summary data or arrest data, or a statute specifically provides a different classification, corrections and detention data on individuals are classified as private pursuant to section 13.02, subdivision 12, to the extent that the release of the data would either (a) disclose medical, psychological, or financial information, or personal information not related to their lawful confinement or detainment or (b) endanger an individual's life. Subdivision 3. Confidential data. Corrections and detention data are confidential, pursuant to section 13.02, subdivision 3, to the extent that release of the data would: (a) endanger an individual's life, (b) endanger the effectiveness of an investigation authorized by statute and relating to the enforcement of rules or law, (c) identify a confidential informant, or (d) clearly endanger the security of any institution or its population. Subdivision 4. Public data. After any presentation to a court, any data made private or confidential by this section shall be public to the extent reflected in court records. Subdivision 5. Public benefit data. The responsible authority or its designee of any agency that maintains corrections and detention data may release private or confidential corrections and detention data to any law enforcement agency, if necessary for law enforcement purposes, or to the victim of a criminal act where the data are necessary for the victim to assert the victim's legal right to restitution. In determining the classification of data about specific inmates, the Sheriff's Office must evaluate whether a release of those data would (1) disclose medical, psychological, or financial information, or personal information not related to the inmate's confinement; (2) endanger an individual's life; (3) endanger the effectiveness of an investigation; or (4) clearly endanger the security of any institution or its population. Several of the data types at issue do not appear to fit one of the private or confidential exceptions listed above: work release status; inmate's employer and work schedule; previous dates, times, and offenses inmate had while incarcerated; violations that occurred while inmate was incarcerated; and photos other than mug shots. Therefore, those data are probably public. It appears that several of the other data types may be properly classified as not public. Names of next of kin, an inmate's phone number, and visitation records of an inmate and who visited the inmate, appear to be personal information not related to the inmate's confinement. Therefore, they are private. For a more in-depth discussion about 13.85, subdivision 2, see Advisory Opinion 96-029. One of the data types, inmate in/out dates, depending on certain details of which the Commissioner is unaware, may be properly classified as not public. It is possible that this information, depending on the situation, might endanger someone's life. On the other hand, such information might necessarily be public pursuant to subdivision 5, public benefit data. The Sheriff's Office, armed with details of each specific situation, will need to make that decision. Finally, bail amounts; presiding judge; court dates; and name of an inmate's attorney, if part of a court record, would be public pursuant to subdivision 4 of section 13.85. The Commissioner would like to make one final point. Law enforcement agencies collect certain types of information, e.g., race, date of birth, height/weight, eye color, scars/marks/tattoos, so that it can be forwarded to the Bureau of Criminal Apprehension (BCA). The BCA then uses those data to compile its criminal history database. Even though the BCA's criminal history database, as it is accessed by government entities, is private (see section 13.87), the classification of the individual types of data that comprise the criminal history system are governed by sections 13.03, subdivision 1; 13.82; and 13.85. Opinion:Based on the facts and information provided, my opinion on the issue raised by Mr. Wilson is as follows:
Signed: David F. Fisher
Dated: June 29, 2000 |
Law enforcement data
Corrections and detention data (13.85)
Arrest data
Response or incident data (13.82, subd. 6 / subd. 4)