This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2022). It is based on the facts and information available to the Commissioner as described below.

Facts and Procedural History:

Trent Robertson asked for an advisory opinion regarding his right to access Benton County’s data inventory, under Minnesota Statutes, Chapter 13 (Data Practices Act). Benton County (County) submitted comments in response to Robertson’s request.

A summary of the facts is as follows:

On July 20, 2023, Robertson contacted a responsible authority at the County requesting access to the County’s data inventory.

The County responded on July 21, 2023 stating,

We are aware of the provisions of the MN Data Practices Act regarding a data inventory…. The County has made its best efforts to comply with the data practices act, including establishing procedures for individuals to request access to government data and designating responsible authorities over government data. The County takes reasonable steps to ensure the security of government data through physical and electronic controls. Due to staffing limitations, we have not had the ability to create a data inventory. As time and staffing permits, we will make reasonable efforts to satisfy all the requirements of Chapter 13.

Issue:

Discussion:

The Data Practices Act requires a government entity to respond in an appropriate and prompt manner and within a reasonable time when receiving a data request from a requester who is not the subject of the data. (See section 13.03, subdivision 2(a) and Minnesota Rules, part 1205.0300.)

Minnesota Statutes, section 13.025, subdivision 1 requires a government entity’s responsible authority to prepare “an inventory containing the authority's name, title, address, and a description of each category of record, file, or process relating to private or confidential data on individuals maintained by the authority's government entity.” This data inventory must be updated annually and “available from the responsible authority to the public according to the provisions of sections 13.03 and 15.17.”

The requirement for government entities to create and maintain a data inventory is long-standing, and the Commissioner understands that staffing limitations may make meeting this requirement difficult. Nonetheless, government entities have an obligation to prepare the data inventory, ensure it is updated annually, and provide access to members of the public in response to public data requests.

Here, Robertson requested the data inventory from a responsible authority at the County. The County indicated that it does not have a data inventory. Therefore, the County did not provide appropriate access to the inventory required by section 13.025, subdivision 1.

Opinion:

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

Benton County did not respond appropriately to a member of the public’s request to access the entity’s data inventory required by Minnesota Statutes, section 13.025, subdivision 1.

Signed:

Stacie Christensen
Temporary Commissioner

August 23, 2023