July 3, 1997; Minnesota Department of Children, Families, Learning
7/3/1997 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:For purposes of simplification, the information presented by the person who requested this opinion and the response from the government entity with which the person disagrees are presented in summary form. Copies of the complete submissions are on file at the offices of PIPA and, with the exception of any data classified as not public, are available for public access.On April 21, 1997, the Commissioner received a request for an advisory opinion dated April 17, 1997, from Robert Wedl, Commissioner of the Minnesota Department of Children, Families, Learning, (DCFL). After discussion and clarification of the issues raised, four issues were agreed upon. A summary of the facts as presented by Commissioner Wedl surrounding this matter is as follows. The Star Tribune has requested access to the Department's Minnesota Automated Reporting Student System (hereinafter MARSS ) database, excluding individual names and social security numbers. The MARSS database is a database on every individual public school student in the state of Minnesota. Commissioner Wedl wrote:
Samples of the MARSS records were provided. Commissioner Wedl further wrote:
Additional information provided at the request of the Commissioner revealed that prior to Fiscal Year 1997, districts were instructed to include social security numbers as part of the student identifier. Mr. Wedl further stated, This year, schools are instructed to reconstruct all student identifier numbers so as to not include the social security number. At this point in time, it is possible that many students still have their social security number embedded in their student identifier. Issues:
In his request for an opinion, Commissioner Wedl asked the Commissioner to address the following issues:
Discussion:
For clarification purposes, the discussion of the above issues proceeds under the assumption that if the MARSS database is released, the corresponding legend will also be released.
In addition, it is also acknowledged that while directory information may be a factor in determining the classification of the data in the MARSS database, the Commissioner has no knowledge of which data have been so classified by the Department or by each of Minnesota's school districts. Therefore, the conclusions in this opinion have been reached without considering the possible effects of any data classified as public pursuant to the state and federal directory information provisions. The first issue raised by Commissioner Wedl is whether the data requested by the Star Tribune (specific data elements about each student without the corresponding names and social security numbers) are summary data, as defined by Minnesota Statutes Chapter 13. Minnesota Statutes Section 13.02, subdivision 19, defines summary data as statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristics that could uniquely identify an individual is ascertainable. In addition, Minnesota Rules Section 1205.0200, subpart 16, defines summary data as:
As stated, summary data are derived from private and/or confidential data on individuals. Pursuant to Section 13.32, data on individuals collected by a public educational agency that relate to students are classified as private (unless those data are directory information, see Section 13.32, subdivision 5). In addition, the Family Educational Rights and Privacy Act (FERPA) limits the disclosure (without consent) of personally identifiable information in education records. The definition of personally identifiable includes a personal identifier, such as the student's social security number or student number, and a list of personal characteristics or other information that would make the student's identity easily traceable. (See 34 C.F.R. Part 99.3.) Thus, based on state statutes and federal regulations, the answer to Commissioner Wedl's first question depends on whether the release of the MARSS database (minus names and social security numbers) would result in a situation where 1) individuals are not identified and from which neither their identities nor any other characteristics that could uniquely identify an individual is ascertainable (state law); 2) data from which all data elements that could link the data to a specific individual have been removed (state rule); and/or 3) the data do not include a personal identifier, such as the student's social security number or student number, and a list of personal characteristics or other information that would make the student's identity easily traceable (federal rule). Upon examination of the types of data that comprise the database, there appear to be numerous situations in which the release of the database would be likely to identify a student. Some examples are: 1) if an individual school has only one student of a particular race in a particular grade; 2) if a particular school has only two students (one female and one male) in a particular grade receiving special education services; and 3) if a particular school has only one student in a particular grade who has limited English proficiency. In each of these scenarios, the release of the MARSS database would reveal the identity of the students. Thus, the only way the Department could deem the MARSS database, minus names and social security numbers, to be summary data, is if, after determining the unique demographics of each school, the Department was reasonably confident that no student could be identified by a dissemination of the database. Based on the information provided to the Commissioner, it is impossible for her to definitely determine whether, in all cases, only summary data would be revealed if the Department disseminated the database without names and social security numbers. However, given the types of data included in the database, it is very likely that, even with student names and social security numbers removed, release of the database could serve as a link to identify specific students. Mr. Wedl's second question is whether the MARSS database, with names and social security numbers removed, is otherwise public data. As in the discussion of the first issue, the answer depends entirely on whether, with the removal of the names and social security numbers, the remaining data identify students, are data from which a student can be identified, or are a list of personal characteristics or other information that would make the student's identity easily traceable (state and federal law standards). If a student can be identified and the data are classified as private pursuant to Minnesota Statutes Section 13.32, then the data are not public. A related issue involving the classification of the data in the database relates to social security numbers. As Commissioner Wedl discussed in his opinion request, it is possible that a student's identification number is equal to or is comprised of components of his/her social security number. Pursuant to both Section 13.32 and Section 13.39, social security numbers are classified as private data and are not accessible to the public. Therefore, if a student's social security number was inadvertently released, the Department would be violating the data subject's rights. The answers to Commissioner Wedl's third and fourth questions are answered by the language of Section 13.05, subdivision 7. In relevant part it states:
Thus, if the Star Tribune makes a written request for summary data from the MARSS database, the Department must either prepare the data itself or delegate the responsibility to a person outside the agency, with a nondisclosure agreement regarding the private data. If the Department prepares the summary data, it may charge the requesting person (see Minnesota Rules Section 1205.0700, subpart 7, for fee guidelines). Opinion:Based on the facts and information provided, my opinion on the issues raised by Commissioner Wedl is as follows:
Signed: Elaine S. Hansen
Dated: July 3, 1997 |
Educational data
Summary data
Combining data elements may uniquely identify an individual
Combining data elements may uniquely identify an individual
MARSS (MN Automated Reporting Student System)
Summary data
Costs
