June 28, 2018; Minnesota Department of Health
6/28/2018 10:18:46 AM
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2017). It is based on the facts and information available to the Commissioner as described below.
A.J. Lagoe, a reporter for KARE 11 TV, asked for an advisory opinion regarding certain data the Minnesota Department of Health maintains. Lynn Belgea, Responsible Authority Designee for the Department, submitted comments.
According to Mr. Lagoe, KARE 11 asked the Department for school building radon data. The Department denied the request pursuant to Minnesota Statutes, section 13.3805, subdivision 5.
In his request, Mr. Lagoe wrote:
We believe MDH has erred in their interpretation of MN 13.3805, Subd. 5. In that the statute is clearly focused on the address of *residential* property owners and not public/government buildings.
The same data that MDH is withholding is considered public data by individual school districts, but requires hundreds of individual data requests and countless wasted hours by school districts responding to those requests when MDH has the data in one location. [Emphasis provided.]
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Based on the opinion request, the Commissioner agreed to address the following issue: Did the Minnesota Department of Health respond appropriately to a request for school building radon data? |
The Data Practices Act presumes all government data are public, unless otherwise classified. (Minnesota Statutes, section 13.03, subdivision 1.)
According to Minnesota Statutes, section 13.3805, subdivision 5:
Data maintained by the Department of Health that identify the address of a radon testing or mitigation site, and the name, address, e-mail address, and telephone number of residents and residential property owners of a radon testing or mitigation site, are private data on individuals or nonpublic data.
In its response to Mr. Lagoe, the Department wrote:
Our determination is that the address of a radon testing or mitigation site, listed as a school or other building, is nonpublic data. This would include any data that would enable someone to figure out the address in addition to any direct addresses. For example, some cities and towns have only one or a few school buildings which would make them easy to identify.
In comments to the Commissioner, the Department stated that the first clause of section 13.3805, subdivision 5, “does not distinguish between types of buildings”. Both parties also discussed the legislative history and intent of section 13.3805, subdivision 5. To that point, the Department cited Minnesota Statutes, section 645.16, which provides, “[w]hen the words of a law in their application to an existing situation are clear and free from all ambiguity, the letter of the law shall not be disregarded under the pretext of pursuing the spirit.” The Department wrote, “Section 13.3805, subdivision 5, being unambiguous, must be read as classifying the requested data as nonpublic.”
The Commissioner concurs with the Department. Data maintained by the Department that identify the location of any radon testing or mitigation site, regardless of the type of property, including school buildings, are nonpublic. Both Mr. Lagoe and the Department acknowledged that the same type of data, which are maintained by entities other than the Department, are not classified by section 13.3805, subdivision 5.
Based on the facts and information provided, the Commissioner’s opinion on the issue is as follows:
The Minnesota Department of Health responded appropriately when it denied a request for school building radon data.
Signed:
Matthew Massman
Commissioner
Dated: June 28, 2018
Response to data requests
Department of Health data
