Facts and Procedural History:

The Faribault County Attorney’s office asked for an advisory opinion about certain data that the City of Blue Earth Police Department (Department) maintains. The Commissioner offered the data requester, KSTP, an opportunity to comment. KSTP did not provide comments. 

The County Attorney provided a summary of the facts. A reporter from KSTP made a request to the Blue Earth Police Department for incident reports related to a misdemeanor juvenile assault case and named the accused and provided a description of events. The juvenile was a minor at the time of the incident, though he is now an adult. The report also contains information that identifies two juvenile witnesses.  

Issues:

1. What is the classification of data in an incident report involving a misdemeanor juvenile assault case, pursuant to Minnesota Statutes, sections 13.82 and 260B.171?
2. What is the classification of data about two juvenile witnesses who are also identified in the report?

Discussion:

The Data Practices Act classifies government data as public unless otherwise classified. (Minnesota Statutes, section 13.03, subdivision 1.)

Data that law enforcement agencies collect, create, and maintain are generally classified pursuant to Minnesota Statutes, section 13.82. Peace officer records about children who are or may be delinquent or who may be engaged in criminal acts (bad actor juveniles), however, are generally classified as private by Minnesota Statutes, section 260B.171, subdivision 5. That section also provides that data on juvenile victims and witnesses are classified pursuant to section 13.82, subdivisions 2, 3, 6, and 17.

Issue 1: What is the classification of data in an incident report involving a misdemeanor juvenile assault case, pursuant to Minnesota Statutes, sections 13.82 and 260B.171?

Section 260B.171, subd. 5, classifies peace officer records of children as private. Records relating to an offense where proceedings are open to the public under Minnesota Statutes, section 260B.163, subdivision 1, are an exception to that general classification. Where proceedings are open to the public, related data are classified pursuant to section 13.82. Proceedings will be open to the public in the event that the juvenile is subject to extended juvenile jurisdiction and has been alleged to have committed or has been proven to have committed an offense that would be a felony if committed by an adult and the child was at least 16 years of age at the time of the offense. (See section 260B.163, subdivision 1.) Proceedings will also be open to the public once a juvenile has been certified to stand trial as an adult. (See section 260B.125.) (Proceedings involving traffic offenses by juveniles, not at issue here, are addressed in Minnesota Statutes, section 260B.225.) 

The 17-year-old juvenile here was involved in a misdemeanor and according to the County Attorney the proceedings were closed to the public. Thus, the data in the incident report are classified as private pursuant to section 260B.171, subd. 5. Paragraph (a), clause (3) of that subdivision further provides that peace officer records of bad actor juveniles must be disclosed, “as authorized under section 13.82, subdivision 2.” Section 13.82, subd. 2(j) provides that the age and sex of a juvenile person cited, arrested, incarcerated, or otherwise substantially deprived of liberty, are public. Per section 260B.171, all other identifying data are private.

However, here, KSTP requested access to the incident report by naming the individual and providing the factual context of the incident. Thus, the Blue Earth Police Department cannot provide any data responsive to the request, because a response would disclose private data about the juvenile by confirming his identity and the nature of the incident. (See also, Advisory Opinion 11-007: “Although the registration data the requestor seeks… are public when not linked to an individual, once they are connected to an individual, pursuant to Minnesota Statutes, section 84.0874, the registration data cannot be released.”)

The Commissioner also notes that the analysis remains the same, even though the data subject here is now an adult. Data that law enforcement collected, created, and maintain about him as a juvenile continue to be classified according to section 260B.171.

Issue 2: What is the classification of data about two juvenile witnesses who are also identified in the report?

Unlike bad actor juveniles, data on juvenile witnesses are not automatically classified as private. Data about juvenile witnesses are classified pursuant to section 13.82, subds. 2, 3, 6, and 17. (See section 260B.171, subd. 5.) Subds. 2, 3, and 6, classify identifying information about witnesses (the names of individuals who supply information that leads to an arrest; the names and addresses of individuals who request law enforcement services; and the names and addresses of witnesses to agency action or the incident, respectively) as public, unless those individuals qualify for protection under subd. 17. 

Subd. 17(g) provides that law enforcement shall protect an individual’s identity, “when access to the data would reveal the identity of a juvenile witness and the agency reasonably determines that the subject matter of the investigation justifies protecting the identity of the witness.”

The County Attorney wrote:

As this is a case involving assault allegations which relates to a separate assault case which has garnered significant media attention, the police department believes that the subject matter justifies protecting the identity of these witnesses.

As the Department has made the required determination, the identifying information about the witnesses are private per section 13.82, subd. 17.

(Data about a juvenile who is both a witness and an alleged bad actor are classified by section 260B.171. See, Advisory Opinion 03-042.)

Opinion:

Based on the facts and information provided, the Commissioner’s opinion on the issues is as follows:

1. The classification of data in an incident report involving a misdemeanor juvenile assault case are private pursuant to Minnesota Statutes section, 260B.171.
2. Data identifying two juvenile witnesses are private pursuant to Minnesota Statutes, section 13.82, subdivision 17, because the Blue Earth Police Department has determined that the subject matter of the investigation justifies protecting the witnesses. 

Signed:

Matthew Massman 
Commissioner

Dated: February 26, 2018