October 4, 2018; Metropolitan Emergency Services Board
10/4/2018 10:05:10 AM
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2018). It is based on the facts and information available to the Commissioner as described below.
On September 13, 2018, the Data Practices Office received an advisory opinion request from Jill Rohret, Executive Director of Metropolitan Emergency Services Board (MESB). In her letter, Ms. Rohret asked the Commissioner to issue an advisory opinion regarding classification of a geospatial dataset that MESB creates and maintains.
MESB provided a summary of the facts.
The geospatial dataset in question represents the geographic coverage of Emergency Service Zone (ESZ) and Public Safety Answering Point (PSAP) service areas in the nine-county metropolitan region. The MESB wishes to publish this geospatial dataset publicly for download via the Minnesota Geospatial Commons geospatial data clearinghouse … and to make it available for integration into web-mapping applications with partner organizations in both the metropolitan region and around the state.
The MESB is a regional joint powers board established by the nine metropolitan counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott and Washington, as well as the City of Minneapolis. The MESB works on behalf of its members to oversee and manage the metropolitan portion of the ARMER public safety radio system and the regional 9-1-1 system, and to provide regional leadership, planning, coordination, and support for public safety communications and EMS providers, resulting in efficiencies for local government and consistent public safety response within the metropolitan region. The MESB’s collaborative intergovernmental approach ensures optimal response to emergencies and large-scale public safety events occurring within the region.
An emerging part of the MESB’s work is the increasing need to develop and deploy technologies which utilize geospatial data. The MESB actively consumes various kinds of geospatial data from municipal, county, and regional partners and, as a regional agency, the MESB is the authoritative source for producing and managing datasets presenting the ESZ and PSAP service areas.
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Based on the opinion request, the Commissioner agreed to address the following issue: What is the classification of certain data in a geospatial dataset the Metropolitan Emergency Services Board maintains? |
The Data Practices Act presumes all government data are public, unless otherwise classified. (Minnesota Statutes, section 13.03, subdivision 1.)
MESB described the data elements in the dataset in detail. MESB wrote:
Based on the MESB’s understanding of the current legal context, it holds that these data are public under the applicable portions of the Minnesota Data Practices Act, the data can be appropriately defined as "electronic geospatial data" pursuant to Minnesota Statutes Chapter 16E.30, Subd. 10, and that the MESB is protected against liability for any errors or omissions present in the data pursuant to Minnesota Statutes Chapter 466.03, Subd. 21.
The MESB wishes to provide this data to the public and to its partner agencies for their mapping and analysis uses. The MESB does not wish to endanger or jeopardize the safety or effectiveness of first responders, police, fire, EMS, or other emergency service personnel, their work, equipment or activities. The MESB takes the position that public knowledge of the information contained within these data is not a security issue as many of the facts contained in the data are already well known to the public or discoverable by other means.
No information contained in the data we proposed to publish can be defined as “not public,” “nonpublic,” “private data on individuals,” or “protected nonpublic data” pursuant to Minnesota Statutes 13.02.
Through this letter of request, the MESB chiefly seeks to confirm that release of these data is not in violation of any known applicable federal or state laws, or any special designations made by the Minnesota Legislature relative to its release, pursuant to Minnesota Statutes 13.03, Subd. 1.
Minnesota Statutes, section 16E.30, subdivision 10 defines “electronic geospatial data” as, “digital data using geographic or projected map coordinate values, identification codes, and associated descriptive data to locate and describe boundaries or features on, above, or below the surface of the earth or characteristics of the earth’s inhabitants or its natural or human-constructed features.”
Along with the liability protection provided by Minnesota Statutes, section 466.03, subdivision 21(b) states, “[g]eographic information systems data is government data subject to the presumption of section 13.01, subdivision 3. ….”
Further, public government data may be used by any person for any purpose, without liability. (See Minnesota Statutes, section 13.02, subdivisions 13 and 14, and Minnesota Rules, part 1205.0300, subpart 2.) Accordingly, the geospatial data set at issue is public government data, and MESB may make it accessible to the public.
Based on the facts and information provided, the Commissioner’s opinion on the issue is as follows:
Data in a geospatial dataset the Metropolitan Emergency Services Board maintains are public.
Signed:
Matthew Massman
Commissioner
October 4, 2018
Data sharing
Classification of data
Classification generally
Geo-spatial mappings
