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Advisory Opinion 04-016

March 23, 2004; City of North Mankato

3/23/2004 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.

Facts and Procedural History:

On March 2, 2004, IPAD received a letter dated February 27, 2004, from Michael Kennedy, the City Attorney for the City of North Mankato. In his letter, Mr. Kennedy asked the Commissioner to issue an advisory opinion regarding the classification of certain data that the City maintains. IPAD staff requested clarification, which Mr. Kennedy provided on March 3, 2004.

A summary of the facts is as follows. In his letter, Mr. Kennedy wrote:

...The City is the owner of the North Mankato Taylor Library....The fact situation is as follows. The City of North Mankato issues library cards to persons 16 years and under, but only if the parents sign the library card application. This makes the parents liable for any lost or damaged materials. Under such circumstances, can the parent of a child under 16 years of age request a list of their children's books, as such lists are maintained by the library? Or is the list of books checked out by the under 16-year-old protected by [Chapter 13].

Issue:

In his request for an opinion, Mr. Kennedy asked the Commissioner to address the following issue:

Pursuant to Minnesota Statutes, Chapter 13, would a library violate the rights of a minor data subject if the library released to the minor's parents a list of books borrowed by the minor?

Discussion:

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

Section 13.40 classifies data relating to libraries operated by any government entity. Subdivision 2, clause (a) of section 13.40, in relevant part, states:

(a)...the following data maintained by a library are private data on individuals and may not be disclosed for other than library purposes except pursuant to a court order:
(1) data that link a library patron's name with materials requested or borrowed by the patron or that link a patron's name with a specific subject about which the patron has requested information or materials; or
(2) data in applications for borrower cards, other than the name of the borrower.

Thus, data that reveal the materials a library patron has borrowed are private data on individuals.

Chapter 13 and its implementing rules contain specific provisions relating to data about minors. Section 13.02, subdivision 8, states that the rights conferred upon a minor also are conferred upon the minor's parents or guardians. Minnesota Rules, section 1205.0500, relates to access to private data on minors. Subpart 2(B) states that parents are presumed to be entitled to gain access to data about their children, unless the responsible authority is provided with evidence of a state law, court order or legally binding instrument which provides to the contrary. In addition, subpart 3 provides that a responsible authority may deny access to data if the minor data subject requests that the data be withheld and the responsible authority determines that it is in the best interests of the minor to withhold the data from the minor's parents. Subpart 3 also provides guidance regarding the process in which the entity must engage prior to withholding data about a minor from the minor's parents.

In the situation Mr. Kennedy describes, it is irrelevant that the parent signs the library card application. Pursuant to Chapter 13, the parent has access to the minor's reading list unless the City, as guided by Minnesota Rules, section 1205.0500, subpart 3, appropriately is withholding the data. Mr. Kennedy did not provide any information indicating that the minor requested data be withheld and that the City made the appropriate determination as described in 1205.0500.

The following comments are in order. Mr. Kennedy did not state whether the City has put in place the process described in Minnesota Rules, section 1205.0500. If the City has not done so, the Commissioner urges it to review the language in 1205.0500, and put in place procedures to handle a situation in which a minor child wishes to withhold data from his/her parents.

Also, in examining the City's Library Card Registration Form, the Commissioner notes that because the City is collecting private data, including the Social Security number, from a data subject, it must provide a Tennessen warning notice (see section 13.04, subdivision 2, and section 13.355, subd. 1). The form does not contain such a notice. In addition, when an individual is asked to supply his/her Social Security number, federal law requires a notice (see the federal Privacy Act of 1974, U.S.C. section 552a note - Disclosure of Social Security Number.) The Library Card Registration Form does not contain the federal notice.

Opinion:

Based on the facts and information provided, my opinion on the issue that Mr. Kennedy raised is as follows:

Pursuant to Minnesota Statutes, Chapter 13, the City of North Mankato would not violate the rights of a minor data subject if the library released to the minor's parents a list of books borrowed by the minor unless the City, as guided by Minnesota Rules, section 1205.0500, appropriately is withholding the data.

Signed:

Brian J. Lamb
Commissioner

Dated: March 23, 2004

Data subjects

Educational data

Legislative authority and intent

Tennessen warning

Library data (13.40)

Parental access to private data (13.02, subd. 8); (1205.0500)

Tennessen warning and federal Privacy Act notices required