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    Advisory Opinion 00-007

    March 10, 2000; Corrections Corporation of America-Prairie Correctional Facility

    3/10/2000 10:17:43 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.


    Note:In 2014, the Legislature amended Minnesota Statutes, section 13.05, subd. 11(a), related to government contracts.

    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 January 21, 2000, IPA received a letter from Joseph Ayuyu. In this letter, Mr. Ayuyu asked the Commissioner to issue an advisory opinion regarding his rights to gain access to certain data maintained by the Corrections Corporation of America-Prairie Correctional Facility (CCA-PCF.)

    In response to Mr. Ayuyu's request, IPA, on behalf of the Commissioner, wrote to Hoyt Brill, Warden of CCA-PCF. The purposes of this letter, dated January 28, 2000, were to inform him of Mr. Ayuyu's request and to ask him to provide information or support for CCA-PCF's position. On February 2, 2000, IPA received a response from John W. Riches II, staff attorney for CCA-PCF. A summary of the facts of this matter follows.

    Mr. Ayuyu twice submitted to CCA-PCF written requests to inspect various policies and procedures adopted by Corrections Corporation of America. Mr. Riches responded, both times citing various provisions of Minnesota Statutes, Chapter 13, the Minnesota Government Data Practices Act, as the basis for denying access to Mr. Ayuyu.

    However, in his response to the Commissioner, Mr. Riches wrote: . . . CCA/PCF is a private corporation and not a state agency, political subdivision, or statewide system subjected to [Chapter 13]. . . . Thus [Mr.] Ayuyu's request is outside the scope of [Chapter 13].

    Issue:

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

    Did the Corrections Corporation of America-Prairie Correctional Facility respond properly to a request for access to various policies and procedures?

    Discussion:

    Pursuant to section 13.01, subdivision 3, the Minnesota Government Data Practices Act regulates the collection, creation, storage, maintenance, dissemination, and access to government data in state agencies, statewide systems, and political subdivisions.

    In addition, as the Commissioner noted in Advisory Opinion 99-041, which also addressed an issue relating to CCA-PCF:

    Depending upon the terms of the contract under which CCA-PCF provides correctional services to DOC, CCA-PCF itself may be required to comply with Chapter 13 requirements. In general, private enterprises such as CCA-PCF are not subject to Chapter 13. However, if a private person has a contractual relationship with a government entity, there are certain situations in which the private entity itself, or the data created/collected by the private entity as part of fulfilling its contractual obligations, may be subject to Chapter 13. Several provisions in Chapter 13 address specific situations involving government entities and parties they contract with. (See sections 13.02, subdivision 11; 13.05, subdivision 6; 13.35; and 13.46, subdivision 5.) Also, the standard State of Minnesota purchase agreement makes data generated under the contract subject of Chapter 13.

    It should also be noted that the 1999 Minnesota Legislature amended Chapter 13 to require that certain language be part of any contracts entered into between government entities and private persons. The new language, which is codified at section 13.05, subdivision 11, went into effect on August 1, 1999, and provides that when a government entity enters into a contract with a private person to perform any of its functions, the terms of the contract shall state explicitly that all of the data created, collected, received, stored, used, maintained, or disseminated by the private person in performing those functions are subject to the requirements of Chapter 13, and that the private person must comply with those requirements as if it were a government entity.

    In his response to the Commissioner, Mr. Riches stated that CCA-PCF is a private corporation and not subject to Chapter 13 regulation. However, in his responses to Mr. Ayuyu, he cited various provisions of Chapter 13 as the basis for his refusal to provide Mr. Ayuyu access to the information he requested. It may well be that CCA-PCF is not subject to Chapter 13 regulation. The Commissioner has not been provided information to conclude otherwise. If that is indeed the case, Mr. Riches could simply have told Mr. Ayuyu what he told the Commissioner.

    Opinion:

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

    The Corrections Corporation of America-Prairie Correctional Facility is not an entity subject to regulation under Minnesota Statutes, Chapter 13, and as such, was not obligated to provide access to various policies and procedures.

    Signed:

    David F. Fisher
    Commissioner

    Dated: March 10, 2000
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