October 9, 2001; City of Blaine
10/9/2001 10:14:43 AM
Note: The legislature changed the definition of "security information" in 2012 to include a requirement that entities make a determination to designate data as security information. Also, after this opinion, the legislature amended section 13.37 to add the language in subdivision 3, classifying the locations of National Night Out events as public.
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.
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 that are not public, are available for public access. On August 24, 2001, IPA received a letter dated August 22, 2001, from Don Betzold, a Minnesota State Senator. In his letter, Senator Betzold asked that the Commissioner issue an advisory opinion regarding his access to certain data that the City of Blaine maintains. IPA, on behalf of the Commissioner, wrote to Roger Fraser, Manager of the City of Blaine, in response to Senator Betzold's request. The purposes of this letter, dated August 29, 2001, were to inform him of Senator Betzold's request and to ask him to provide information or support for the City's position. On September 7, 2001, IPA received a response, dated September 4, 2001, from David Johnson, Safety Services Manager/Chief of Police for the City. A summary of the facts is as follows. In his opinion request, Senator Betzold wrote: I asked the Blaine Police Department for a list of National Night Out parties in the city of Blaine so that I could visit constituent block parties. My request was denied on the ground that the information was not public. When I inquired as to the specific ground for the denial, I received [a letter] from the Blaine Police Chief citing Minnesota Statutes section 13.37, subd. 2. ...I disagree with his interpretation of that statute. I believe that section applies to organized neighborhood Watch programs. National Night Out parties are not limited to Watch participants, and nothing in the National Night Out program requires the disclosure of Watch volunteers. Chief Johnson's interpretation, with which Senator Betzold disagrees, is that the requested data cannot be disclosed because Blaine's National Night Out parties are held in Neighborhood Watch Group areas with Neighborhood Watch Group volunteers participating. Chief Johnson's position is that section 13.37, subdivision 2 prohibits disclosure of specific Neighborhood Watch Group data and that these are the data that Senator Betzold had requested. Issue:In his request for an opinion, Mr. Kummer asked the Commissioner to address the following issue:
Discussion:Pursuant to Minnesota Statutes, section 13.37, subdivision 2, security information is not public data. Of relevance to this opinion is the last sentence of subdivision 1(a), which defines security information as crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers. In his comments to the Commissioner, Chief Johnson wrote that Senator Betzold's initial request for data differs slightly from the issue he asked the Commissioner to address in an opinion. Chief Johnson wrote: The specific request for information on August 8, 2001 which was denied was for names and addresses of National Night Out hosts. In Blaine, all of the National Night Out hosts are members of organized Neighborhood Watch groups which are components of Blaine's community crime prevention program. The denial of that information was based on Minnesota Statute Section 13.37 General Nonpublic data , Subdivision 1(a) which includes in the definition of Security Information crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers.... The nature of the information that is the center of the request for a Commissioner's Opinion seems to be a variation of the information requested by Senator Betzold's in his August 8th letter. That is, should the City of Blaine provide the location of National Night Out parties upon request as information classified as Public ....All of the National Night Out parties take place in organized crime watch neighborhoods with all of the adult participants being volunteer members who participate in that community crime prevention program. The parties themselves are held in the residence or yard of one of the neighborhood members...It is also clear, though, that the National Night Out parties are a specific program and that the participants in National Night Out are volunteers participating in a community crime prevention program. We found ourselves in the position that if we disclosed the location of a National Night Out party we would be disclosing the name and address of a member of a Neighborhood Watch Group which is nonpublic and/or private data. As discussed above, subdivisions 1 and 2 of Section 13.37, classify as private lists of volunteers who participate in community crime prevention programs, and their home addresses and telephone numbers. Here, Chief Johnson has stated that regardless of whether Senator Betzold's request was for the names and addresses of National Night Out party hosts or for the location of National Night Out parties, the data are not public. Chief Johnson wrote that in either case, releasing names and addresses or only addresses, respectively, would reveal information about volunteers who participate in community crime prevention programs. The Commissioner concurs with the City's position on this matter. Therefore, the data Senator Betzold requested are not public. Opinion:Based on the facts and information provided, my opinion on the issue that Senator Betzold raised is as follows:
Signed: David F. Fisher
Dated: October 9, 2001 |
Security information
Security information (13.37, subds. 1(a), 2)
