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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 22
Advisory Opinion 17-004
May 5, 2017, City of Duluth
Note: Minnesota Statutes, section 13.387, is also applicable to the data at issue in this opinion.
This is an opinion of the Commissioner of Administration ...
Description: a city which operates a self-insured group health plan for its employees asked whether data collected by the third-party administrator were government data, how they would be classified, and whether the administrator was required give a Tennessen notice prior to collecting the data. The Commissioner opined that because the third-party administrator was collecting government data from the employees, the data were classified as private (Minnesota Statutes, section 13.43 subd. 4), and because the administrator is required to comply with the Data Practices Act as if it were a government entity (Minnesota Statutes, section 13.05, subdivision 11), it was required to provide a Tennessen notice prior to collecting the data.
Category: Informed consent
Keywords: Informed consent, Tennessen warning notice, Insurance companies
Commissioner: Matthew Massman
Advisory Opinion 11-015
November 1, 2011; Clay 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: Should a prosecutor’s office require a release of information signed by the victim prior to releasing data to that victim’s legal representative under Minnesota Statutes, section 13.82, subdivision 13?
Category: Data subjects, Educational data, Informed consent, Law enforcement data
Keywords: Data subjects, Educational data, Informed consent, Law enforcement data, Authority to release, Confidential data, Victim access to active investigative data (13.82, subd. 13 / subd. 6)
Commissioner: Spencer Cronk
Advisory Opinion 11-014
October 21, 2011; City of Faribault
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 City of Faribault comply with Minnesota Statutes, Chapter 13, in denying access to city score sheets of local softball games?
Category: Data subjects, Educational data, Informed consent
Keywords: Data subjects, Educational data, Informed consent, Implied vs. written, Social recreational data (13.548 / 13.57)
Commissioner: Spencer Cronk
Advisory Opinion 10-019
September 20, 2010; School District 547 (Parkers 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: Did School District 547, Parkers Prairie, comply with Minnesota Statutes, Chapter 13, in responding to a request to gain access to the tape recording of a closed meeting?
Category: Data subjects, Educational data, Informed consent
Keywords: Data subjects, Educational data, Informed consent, Denial of access to data – authority required (13.03, subd. 3(f)), Informed consent
Commissioner: Sheila M. Reger
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 04-010
March 4, 2004; Minnesota Department of Employment and Economic Development
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 Department of Employment and Economic Development violate a data subject's rights by asking the subject to sign informed consents following which staff filled in the identification of the organizations asked to provide data?
Pursuant to Minnesota Statutes, Chapter 13, did the Minnesota Department of Employment and Economic Development violate a data subject's rights by releasing, on March 24, 2003, data about the subject to Gary Fischler and Associates?
Category: Data subjects, Educational data, Informed consent, Tennessen warning
Keywords: Data subjects, Educational data, Informed consent, Tennessen warning, Tennessen distinction, Necessary to administer a program authorized by law (13.05, subd. 3), Relationship of informed consent to Tennessen warning, Vocational rehabilitation data
Commissioner: Brian J. Lamb
Advisory Opinion 04-009
March 2, 2004; Gary Fischler and 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: Pursuant to Minnesota Statutes, Chapter 13, did Gary Fischler and Associates violate a data subject's rights by not providing a Tennessen warning notice prior to collecting data as part of a psychological evaluation?
Pursuant to Minnesota Statutes, Chapter 13, did Gary Fischler and Associates violate a data subject's rights by having the subject sign an informed consent for data that were not in existence at the time the subject signed the consent?
Category: Contracts/privatization, Data subjects, Educational data, Legislative authority and intent, Tennessen warning
Keywords: Contracts/privatization, Data subjects, Educational data, Legislative authority and intent, Tennessen warning, Private party contracts with government (13.05, subd. 11; see also: Helmberger v. Johnson Controls, Inc., 839 N.W.2d 527 (Minn. 2013).), Informed consent vs. Tennessen, Clause to be inferred, Relationship of informed consent to Tennessen warning, Vocational rehabilitation data
Commissioner: Brian J. Lamb
Advisory Opinion 03-014
May 23, 2003; City of Minneapolis
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 it appropriate for a government entity to release responses to Requests for Proposals (RFPs) with the informed consent of businesses responding to the RFP?
Category: Data subjects, Business Data, Data subjects, Educational data, Educational data, Informed consent
Keywords: Data subjects, Business Data, Data subjects, Educational data, Educational data, Informed consent, RFP (request for proposals/request for bids, Data not on individuals, Informed consent, Organizations
Commissioner: Brian J. Lamb
Advisory Opinion 03-012
May 7, 2003; Hennepin 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, section 13.04, did Hennepin County respond in a timely manner to a January 27, 2003, request to review government data?
Pursuant to Minnesota Statutes, Chapter 13, is it appropriate for Hennepin County to require a data requestor to sign the County's "Data Practices Request" form regardless of whether the requestor wants data released to another party?
Category: Data subjects, Educational data, Informed consent
Keywords: Data subjects, Educational data, Informed consent, Informed consent
Commissioner: Brian J. Lamb
Advisory Opinion 03-010
April 23, 2003; School District 284 (Wayzata)
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, are videotapes of School District extracurricular athletic contests and/or school hallways government data, where they are created and maintained by agents of the District?
Assuming the answer to Issue 1 is answered in the affirmative, if the videotapes contain images of students enrolled in the School District and/or employees of the District, pursuant to Minnesota Statutes, Chapter 13, do they contain private data on individuals? Is the answer the same when the videotaping occurs at a public event, such as an athletic contest that is open to the public?
Pursuant to Minnesota Statutes, Chapter 13, may the School District release a videotape that contains data on multiple students and/or employees where it is not feasible to redact the tape to exclude data on students or employees who have not provided their consent to release private data?
Category: Data subjects, Educational data, Informed consent, Multiple data subjects, Personnel data
Keywords: Data subjects, Educational data, Informed consent, Multiple data subjects, Personnel data, Photos, videotapes, Regardless of physical form, Implied vs. written, Multiple data subjects, Videotape of public event, Videotapes
Commissioner: Brian J. Lamb