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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 - 10 of 12
Advisory Opinion 20-005
April 14, 2020; Minnesota Department of Education
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2019). It is based on the facts and information ...
Description: The Minnesota Department of Education requested an advisory opinion regarding access to private and confidential data within the same government entity, as well as sharing of private data between school districts and counties. The Commissioner opined that private or confidential data may be shared with individuals in other programs or units within the same government entity when the individuals have a work assignment that reasonably requires access, and that private data may be shared or exchanged between government entities when authorized by statute or federal law. The Commissioner specifically addressed sharing provisions that MDE referred to in its advisory opinion request.
Category: Data sharing, Educational data
Keywords: Data sharing, Educational data, Department of Education, Education data, Confidential data, FERPA (Federal Education Rights and Privacy Act)
Commissioner: Lenora Madigan Deputy
Advisory Opinion 18-012
October 4, 2018; Metropolitan Emergency Services Board
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: Metropolitan Emergency Services Board (MESB) asked the Commissioner about the classification of a geospatial dataset that MESB creates and maintains. MESB is a regional joint powers board established by the nine metropolitan counties; the data set covers that region. MESB wanted to publish the dataset to make it more easily accessible to the public. Minnesota Statutes, section 16E.30, subdivision 10, defines “electronic geospatial data,” and Minnesota Statutes, section 466.03, subdivision 21(b) states that the data are presumptively public. Accordingly, the Commissioner opined that the data in MESB’s geospatial dataset are public.
Category: Data sharing
Keywords: Data sharing, Classification of data, Classification generally, Geo-spatial mappings
Commissioner: Matthew Massman
Advisory Opinion 12-015
October 8, 2012; Concordia Creative Learning Academy (CCLA)
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2012). It is based on the facts and information ...
Description: A charter school asked whether it
was required to share not public data with the
Minnesota Board of Teaching, following an initial
report to the Board by the school. The Commissioner
determined that pursuant to Minnesota Statutes,
section 122A.20, a school is required to share with the
Board any termination or disciplinary proceeding, any
settlement or compromise, or any investigative file in
the school’s files, regardless of any provision in
Chapter 13.
Category: Data sharing, Personnel data, Licensing data
Keywords: Data sharing, Personnel data, Licensing data, Personnel data, Charter schools, Tennessen warning notice
Commissioner: Spencer Cronk
Advisory Opinion 06-025
August 17, 2006; City of Rice
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 the City of Rice in compliance with Minnesota Statutes, Chapter 13, if it releases certain data relating to vehicle accidents to Watab Township?
Category: Contracts/privatization, Data sharing
Keywords: Contracts/privatization, Data sharing, Privatization, Contracts, 13.03 subdivision 11
Commissioner: Dana B. Badgerow
Advisory Opinion 04-067
October 20, 2004; Gary Fischler & Associates
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 Gary L. Fischler & Associates comply with Minnesota Statutes, Chapter 13, in responding to X's April 28, 2003, request for data?
Did Gary L. Fischler & Associates comply with Minnesota Statutes, Chapter 13, if it released private data about X, without X's consent, to DEED employee Donna Wood on June 19, 2003?
Did Gary L. Fischler & Associates comply with Minnesota Statutes, Chapter 13, if it released private data about X, without X's consent, to DEED employee Roberta Pisa between September 15, 2003, and December 5, 2003?
Category: Data sharing, Informed consent
Keywords: Data sharing, Informed consent, Vocational rehabilitation data
Commissioner: Kent Allin Acting
Advisory Opinion 02-037
October 7, 2002; School District 761 (Owatonna)
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, Chapters 13 and 245, may Independent School District 761, Owatonna, as part of a grant application for funds related to implementation of a children's mental health collaborative, provide certain private data, without parental consent, to the Minnesota Department of Human Services?
Category: Data sharing, Educational data
Keywords: Data sharing, Educational data, Children's mental health collaborative, Combining data elements may uniquely identify an individual, Children mental health collaborative, MARSS (MN Automated Reporting Student System)
Commissioner: David F. Fisher
Advisory Opinion 01-043
May 15, 2001; Jackson County
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: What is the classification of the following data that Jackson County maintains: data about County employees who recently became Court employees as the result of recently passed legislation?
Category: Data sharing
Keywords: Data sharing, Judicial branch (13.90) (See also: Court records), Records of judicial branch
Commissioner: David F. Fisher
Advisory Opinion 00-044
October 19, 2000; Wadena County
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 County employee Y inappropriately gain access to data about the parent (X) of Y's child on March 1, 2, or 3 of 1999?
Category: Data sharing
Keywords: Data sharing, Work assignment reasonably requires access (1205.0400, 1205.0600)
Commissioner: David F. Fisher
Advisory Opinion 98-035
June 22, 1998; 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 Section 13.04, did School District 272, Eden Prairie, inappropriately disseminate private data about C to the Minnesota Department of Economic Security.
Category: Educational data, Data sharing
Keywords: Educational data, Data sharing, Definition (13.02, subd. 5)
Commissioner: Elaine S. Hansen
Advisory Opinion 98-034
June 22, 1998; 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 Section 13.04, did School District 272, Eden Prairie, inappropriately disseminate private data about A to the Minnesota Department of Economic Security?
Category: Personnel data, Data sharing
Keywords: Personnel data, Data sharing, Intergovernmental access (13.05, subd. 9), Necessary to administer a program authorized by law (13.05, subd. 3), Unemployment compensation
Commissioner: Elaine S. Hansen