February 6, 2001; School District 11 (Anoka-Hennepin)
2/6/2001 10:16:43 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 December 11, 2000, IPA received a letter from X. In this letter, X asked the Commissioner to issue an advisory opinion regarding a possible inappropriate dissemination of private government data about X's minor child, Y, 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 December 11, 2000, were to inform him of X's request and to ask him to provide information or support for the District's position. On December 22, 2000, IPA received a response from Paul H. Cady, District Legal Counsel. A summary of the facts of this matter follows. According to X, a parent of another District student provided him/her with a copy of data that the District had supplied the other parent, that contained Y's name. In his response to the Commissioner, Mr. Cady wrote: [t]he District agrees that it inadvertently failed to redact [Y's] name from the [data provided the other parent.] Issue:In his/her request for an opinion, X asked the Commissioner to address the following issue:
Discussion:Data about students and their parents are classified at Minnesota Statutes, section 13.32. Subject to limited exceptions, educational data are private and not accessible to the public. Dissemination is appropriate only if the subject has given consent or there is express statutory authorization for the release. (See section 13.05, subdivisions 3, 4, and 9, and section 13.32, subdivision 3.) Mr. Cady acknowledged that the District disseminated data about Y inappropriately. One further note is in order. The same document that contained the data about Y also contained the Social Security number of an individual who provided service to the District. Pursuant to section 13.49, Social Security numbers are private data. Accordingly, the District also erred by disseminating the employee's (or agent's) Social Security number to the other parent. Opinion:Based on the facts and information provided, my opinion on the issue raised by X is as follows:
Signed: David F. Fisher
Dated: February 6, 2001 |
