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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 - 2 of 2
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: Are the information or reports maintained by ambulance personnel on criminal defendants releasable to law enforcement personnel? Should statements made by criminal defendants to ambulance personnel be differentiated between statements about medical care and general statements? If so, would only the general statements be releasable to law enforcement?
Category: Law enforcement data
Keywords: Law enforcement data, Ambulance service data, Medical data, Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614)
Commissioner: David F. Fisher
Note: Minnesota Statutes section 144.807 was repealed in 1989. This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of ...
Description: A member of the public asked about the classification of data regarding ambulance services from the City of Red Wing Fire Department. The City argued the data were private under Minnesota Statutes section 144.807, which classifies data in reports sent the Commissioner of Health as private. The Commissioner determined that the some ambulance services data are public under Minnesota Statutes section 13.82, and that this data do not become private data because similar data was submitted to the Commissioner of Health.
Category: Law enforcement data
Keywords: Law enforcement data, Ambulance service data, Classification at time of request, controls access (13.03, subd. 9), Request for service data (13.82, subd. 3), Response or incident data (13.82, subd. 6 / subd. 4)
Commissioner: Debra Rae Anderson
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