May 25, 2001; School District 11 (Anoka-Hennepin)
5/25/2001 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 IPA and, except for any data classified as not public, are available for public access. On April 6, 2001, IPA received a letter from X. In this letter, X asked the Commissioner to issue an advisory opinion regarding his/her right to gain access to certain data maintained by Independent School District 11, Anoka-Hennepin. In response to X's request, IPA, on behalf of the Commissioner, wrote to Dr. Roger Giroux, Superintendent of the District. The purposes of this letter, dated April 12, 2001, were to inform him of X's request and to ask him to provide information or support for the District's position. On April 20, 2001, IPA received a response from Paul H. Cady, District Legal Counsel. A summary of the facts of this matter follows. In letters dated March 5 and 6, 2001, X wrote to Superintendent Giroux, and requested copies of data about X's minor child, Y, a student in the District. X requested an itemized receipt for the copying charges. The invoice the District provided X contains the following entry: 2.5 hrs. Administrative time to search for and retrieve data. In his response to the Commissioner, Mr. Cady stated that the charge for administrative time was inadvertently included, and the District had sent X a revised invoice, with the improper charge removed. Issue:In his/her request for an opinion, X asked the Commissioner to address the following issue:
Discussion:The Commissioner has addressed this issue, as it involves School District 11, in numerous previous opinions, most notably Advisory Opinion 00-054: Pursuant to Minnesota Statutes, Chapter 13, when an individual requests copies of government data, the entity may charge a fee. Section 13.03 provides government entities with guidelines for establishing an appropriate charge when the requestor is not the subject of the data. Section 13.04 sets forth different parameters for situations in which the requestor is the subject of the data. The key difference is that if the data requestor is not the data subject, the entity may include in its charge the actual costs of searching for and retrieving the data. If the data requestor is the data subject, the entity may not charge for searching for and retrieving the data and may charge only the actual costs of making, certifying, and compiling the copies. Minnesota Rules, parts 1205.0300 and 1205.0400, provide some additional guidance regarding what government entities might consider in determining a reasonable fee for copies of government data, regardless of whether or not the requestor is asking for data about him/herself. X requested copies of data relating to X's minor child, Y. Pursuant to section 13.02, subdivision 8, individual includes the parent of a minor child. Accordingly, the requirements provided at section 13.04, subdivision 3, are applicable to X's request. Mr. Cady acknowledged the District's error, and the District has removed the improper charge. Opinion:Based on the facts and information provided, my opinion on the issue raised by X is as follows:
Signed: David F. Fisher
Dated: May 25, 2001 |
