Discussion:

Pursuant to Minnesota Statutes, Chapter 13, all government data are public unless otherwise classified.

Data that law enforcement agencies collect, create, and maintain are classified pursuant to section 13.82. Certain law enforcement data are always public, certain law enforcement data are never public, and certain law enforcement data may become public depending on the occurrence of certain events. Of relevance to this opinion are the types of data listed in subdivision 6, response or incident data. These data, as they are created and maintained by a law enforcement agency, are always public, regardless of whether there is an active criminal investigation relating to the incident(s).

Pursuant to section 13.03, subdivision 3, an individual is entitled to inspect government data.

In her comments, Ms. Kushner wrote:

At the Ramsey County Sheriff's Patrol Station, data is made available to the media, including Mr. Afinson's client, the Shoreview Press, as follows: Written summary crime incident report data is made available at the receptionist desk on a daily basis. This allows the media representatives to get a quick idea of incidents that involve the communities they are reporting on. The disposition codes are known to the representatives, so they are aware if a report has been generated on a matter...To the extent a member of the media wants additional information regarding a matter on that list, Lt. Mann answers the questions from the media person. The Sheriff's Office views this as a service to the media, allowing them to have all of the information they ask for that is public, but without having to take the time to review the documents.

...The Sheriff can not, however, respond to Mr. Anfinson's general claims that his client's reporters have asked to review the forms or documents on which the ICR data are recorded by the sheriff's office and that they have not been permitted to do so. The Sheriff would need more specific information about the specific dates on which these other requests were made and the incidents involved. In addition, many incidents may have had no written reports. The Sheriff is unaware of any requests by Mr. Anfinson's client for access to ICR data or for copies of the reports; such a request is required under Minn. Stat. section13.03, Subd. 3.

It is Ramsey County's position that the Sheriff's Patrol Station is in compliance with Minnesota Statutes, Chapter 13, regarding public incident data.

Section 13.03, subdivision 3, states that individuals shall be permitted to inspect and copy public government data. This means that when an individual asks to inspect public data, the entity shall provide the requestor with the actual data. This ensures that the requestor will be able to gain an understanding of the context relating to the data s/he is seeking, especially if the entity has redacted (blacked/whited out) surrounding data.

In situations where a particular document contains both public and not public data, and an individual has requested access to the public data, the entity might, for example, choose to copy the document, redact the not public data, and make the redacted copy available for the individual to inspect. The Commissioner is aware that some entities might prefer to lift public data from a document and place those data on an otherwise blank document for the individual to inspect (cut-and-paste). This is problematic because (1) the entity is withholding the actual data and (2) the possibility exists that the entity will make an error transferring the data from its original source onto another document.

It is important to note that subdivision 16 of section 13.82 provides an exception to the access standard in subdivision 6. It states:

When data is classified as public under this section, a law enforcement agency shall not be required to make the actual physical data available to the public if it is not administratively feasible to segregate the public data from the confidential. However, the agency must make the information described as public data available to the public in a reasonable manner. When investigative data becomes inactive, as described in subdivision 7, the actual physical data associated with that investigation, including the public data, shall be available for public access.

In the situation before the Commissioner, Mr. Anfinson states that even though his clients have asked to review the forms or documents on which the ICR data are recorded, the Sheriff's office has not permitted the reporters to inspect the data. Ms. Kushner states, The Sheriff is unaware of any requests by Mr. Anfinson's client for access to ICR data or for copies of the reports... The Commissioner is unable to resolve this dispute. However, if a newspaper reporter has made a request to inspect/copy data made public under section 13.82, subdivision 6, the Sheriff's office needs to provide access (inspection and/or copies) to the actual physical data. If a newspaper reporter wishes to inspect the actual data and has not made a corresponding request, the reporter needs to make a request pursuant to section 13.03.

Opinion:

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

Signed:

Brian J. Lamb
Commissioner

Dated: May 18, 2004