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About Search Results
The advisory opinion library currently includes:
- Data practices advisory opinions issued by the Commissioner of Administration from 1993 to the present.
- Open Meeting Law advisory opinions issued by the Commissioner of Administration from 2003 to the present.
The Commissioner's authority is found in Minnesota Statutes, section 13.072. Opinions are nonbinding, but a court may give them deference in a court action. Parties to a court action that act in conformity with an advisory opinion are not liable for certain damages or attorneys fees.
A written, numbered, and published opinion issued by the attorney general shall take precedence over an advisory opinion issued by the Commissioner of Administration.
Results 1 - 9 of 9
Advisory Opinion 19-010
June 18, 2019; Minnesota Department of Health
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 ...
Description: In Advisory Opinion 19-010, a member of the public asked whether a state agency had violated the Data Practices Act because it had not provided her with access to the data he requested (public personnel data on two employees) until eight months after she asked for the data. In previous advisory opinions, the Commissioner has stated that a prompt, reasonable response is relative to the volume of data requested. Here, she opined that given the facts of this specific data request, including the type and amount of data requested, the agency’s response was not timely.
Category: Requests for data, Response to data requests
Keywords: Requests for data, Response to data requests, Untimely, generally, Multiple data subjects, Timeliness of response to public - prompt, reasonable time (13.03, subd. 2), (1205.0300), Responsible authority duties, Responsible authority (RA), Responsible authority, Response to data request, Requestor responsibility, Request for data, Inappropriate response, generally, Government data, Department of Health data, Data request vs. question/inquiry, Data request policy, Request for data
Commissioner: Alice Roberts-Davis
Advisory Opinion 06-029
October 19, 2006; Hennepin County Attorney's Office
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Did the Hennepin County Attorney's Office respond in a timely manner, as required by Minnesota Statutes, Chapter 13, to the following data requests made on September 14, 2005: (1) "all travel records for Amy Klobuchar, in her capacity as Hennepin County Attorney from 1999 to the present, including itinerary, cost and purpose"; and (2) "all daily, weekly and monthly schedules of Amy Klobuchar from 1999 to the present?"
Did the Hennepin County Attorney's Office respond in a timely manner, as required by Minnesota Statutes, Chapter 13, to the following data request made on February 22, 2006: "all labor grievances filed against Amy Klobuchar in her capacity as Hennepin County Attorney; 1999-2006?"
Did the Hennepin County Attorney's Office respond in a timely manner, as required by Minnesota Statutes, Chapter 13, to the following data request made on March 3, 2006: "list and description of all matters referred by the Hennepin County Attorney's Office to the Hennepin County Domestic Fatality Review Board?"
Did the Hennepin County Attorney's Office comply with Minnesota Statutes, Chapter 13 (in a timely and appropriate manner), to the following data request made on September 14, 2005: "provide all caseload statistics tracked by the Hennepin County Attorney's Office from 1998 to present?"
Did the Hennepin County Attorney's Office comply with Minnesota Statutes, Chapter 13, in denying access to certain data that were requested on July 27, 2006?
Category: Requests for data, Responsible authority
Keywords: Requests for data, Responsible authority, Clarification of request, Data request vs. question/inquiry, Responsible authority (RA)
Commissioner: Dana B. Badgerow
Advisory Opinion 04-036
June 3, 2004; Le Sueur County Sheriff
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Has the Le Sueur County Sheriff's Office complied with Minnesota Statutes, Chapter 13, in its determination regarding a February 26, 2004, request for access to data?
Category: Requests for data
Keywords: Requests for data, Clarification of request, Data request vs. question/inquiry
Commissioner: Brian J. Lamb
Advisory Opinion 04-006
February 27, 2004; Minnesota Board of Pharmacy
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes, Chapter 13, did the Minnesota Board of Pharmacy respond appropriately to a December 22, 2003, request for access to the following data: "the name of each entity that was the subject of a complaint in the year 2003 along with the number of complaints filed against them?"
Category: Civil investigative data, Licensing data, Requests for data
Keywords: Civil investigative data, Licensing data, Requests for data, Chief attorney has substantial discretion to determine, Only regulates data on individuals, Data request vs. question/inquiry
Commissioner: Brian J. Lamb
Advisory Opinion 04-003
January 23, 2004; School District 272 (Eden Prairie)
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes, Chapter 13, did Independent School District 272, Eden Prairie, respond in a timely manner to an October 6, 2003, request for data regarding a breakdown of costs associated with other data requested October 6, 2003?
Is Independent School District 272's (Eden Prairie) charge of $75 per "data file" allowable under Minnesota Statutes, Chapter 13?
Category: Copy costs, Requests for data
Keywords: Copy costs, Requests for data, Searching and retrieving, Directory information, Clarification of request, Data request vs. question/inquiry, Reason/justify request and identity not required (13.05, subd. 12), Public and not public data
Commissioner: Brian J. Lamb
Advisory Opinion 02-039
October 30, 2002; Ramsey County Attorney's Office
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes, Chapter 13, did the Ramsey County Attorney's Office appropriately deny a request for access to the name of an individual who was reported by the County to have paid $167,000 in back child-support?
Category: Attorney data, Requests for data, Welfare data
Keywords: Attorney data, Requests for data, Welfare data, Responsible authority duties, Data request vs. question/inquiry, Child support, Investigative data, Welfare system
Commissioner: David F. Fisher
Advisory Opinion 00-063
December 5, 2000; City of Windom
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes, Chapter 13, is the public entitled to gain access to the following data maintained by the City of Windom: the job status of, and compensation and benefits received by, a City employee following an incident that occurred in July, 2000?
Category: Personnel data, Requests for data
Keywords: Personnel data, Requests for data, Law enforcement, Data request vs. question/inquiry
Commissioner: David F. Fisher
Advisory Opinion 99-046
December 9, 1999; University of Minnesota
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes, sections 13.03 and 13.04, did the University of Minnesota respond appropriately to an April 14, 1999, request for access to data?
Category: Copy costs, Existence of data, Requests for data, Response to data requests
Keywords: Copy costs, Existence of data, Requests for data, Response to data requests, New data or different format not required, Data request vs. question/inquiry
Commissioner: David F. Fisher
Advisory Opinion 94-038
September 29, 1994; School District 625 (St. Paul)
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Is he entitled to gain access to data that existed on the District's computer on or before October 21, 1993?
Has X actually received the information that existed in the District's computer on or before October 21, 1993?
Does X have the right to gain access to data maintained on the District computer after October 21, 1993 and does he have the right to gain access to data that would inform him who, if anyone, changed certain data codes and why those codes were changed?
Category: Electronic data, Personnel data, Requests for data
Keywords: Electronic data, Personnel data, Requests for data, Electronic data, Data subject access to personnel data, Data request vs. question/inquiry
Commissioner: Debra Rae Anderson