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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 34
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 19-004
March 28, 2019; ISD 283, St. Louis Park Schools
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: A school district asked whether it should provide access to a video of two students engaged in an altercation to one of the parents of one of the students. The Commissioner stated that where possible, schools must segregate the requesting parent’s student’s data from any other students’ data. However, relying on federal guidance, the Commissioner concluded, if segregating the data is not possible, then the school should provide the requesting parent with access to the unredacted video.
Category: Educational data
Keywords: Educational data, Videotapes, Data subject access, Educational data, Educational data disclosure, Education data, Access by data subject or parent, Multiple data subjects
Commissioner: Alice Roberts-Davis
Advisory Opinion 17-010
December 7, 2017; ISD 564, Thief River Falls
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2017). It is based on the facts and information ...
Description: A school district asked whether it had to provide a copy of an audio-recorded interview with a student to the student’s parent when the recording included educational data on multiple students. The Commissioner opined that the District should make every effort to redact the audiotape so that private educational data of other students is protected. However, if the District was unable to redact the tape, the Family Educational Rights and Privacy Act (FERPA) required the District to inform the parent of the specific information about the parent’s student.
Category: Educational data, Multiple data subjects
Keywords: Educational data, Multiple data subjects, Education data, Educational data disclosure, Educational data, included (See also: Educational data - Personnel data), Redaction (See also: Multiple data subjects; Separation of data), Multiple data subjects
Commissioner: Matthew Massman
Advisory Opinion 12-003
January 31, 2012; City of Minneapolis
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2011). It is based on the facts and information ...
Description: Did the City of Minneapolis comply with Minnesota Statutes, Chapter 13, in its response to a November 15, 2011, request for access to the following data: dates of applications and dates of testing for all applicants for a certain City position?
Category: Personnel data, Redaction, Summary data
Keywords: Personnel data, Redaction, Summary data, Data not on individuals, Undercover law enforcement officer, Redaction (See also: Multiple data subjects; Separation of data), Public and not public data
Commissioner: Spencer Cronk
Advisory Opinion 11-013
September 8, 2011; City of Hibbing
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, must the City of Hibbing provide access to the following data to a former employee: written informal complaints and observations about that former employee made by one or more City employees?
Category: Multiple data subjects, Personnel data
Keywords: Multiple data subjects, Personnel data, Complainant identity
Commissioner: Spencer Cronk
Advisory Opinion 10-003
March 3, 2010; City of Winnebago
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, what is the classification of data in a City of Winnebago report related to an investigation into complaints made by a city employee?
Category: Multiple data subjects
Keywords: Multiple data subjects, County agricultural societies, Inextricably intertwined data (See also: Northwest Publications, Inc. v. City of Bloomington, 499 N.W.2d 509), Multiple data subjects
Commissioner: Sheila M. Reger
Advisory Opinion 07-021
October 17, 2007; School District 347 (Willmar)
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 Independent School District 347, Willmar, comply with Minnesota Statutes, Chapter 13, when it determined that a student's name, which appears in certain data relating to an investigation of allegations of misconduct by a teacher, is only incidental to the data, and is not private educational data under section 13.32?
Category: Personnel data, Educational data, Multiple data subjects
Keywords: Personnel data, Educational data, Multiple data subjects, Data incidental to the data subject
Commissioner: Dana B. Badgerow
Advisory Opinion 06-023
August 11, 2006; Minnesota Department of Health
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 employee A's copy of the complaint government data? If yes, what is the classification?
What, if any, limitations are on employee A disclosing information to the media about the incident or the complaint?
Pursuant to Minnesota Statutes, Chapter 13, is employee C's copy of the witness statement government data? If yes, what is the classification?
Pursuant to Minnesota Statutes, Chapter 13, is employee A's copy of the witness statement government data? If yes, what is the classification?
What, if any, limitations are on employee C in giving information or a copy of the witness statement to employee A or to the media?
What, if any, limitations are on employee A in giving a copy of a witness statement to the media?
Category: Personnel data
Keywords: Personnel data, Employee release to media, Witness statement, Multiple data subjects, Witness identity or statement
Commissioner: Dana B. Badgerow
Advisory Opinion 06-018
June 6, 2006; 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: Did the City of Minneapolis comply with Minnesota Statutes, Chapter 13, in responding to a request for all public data related to a Minneapolis Police Department Internal Affairs Unit investigation of a complaint?
Category: Multiple data subjects, Requests for data
Keywords: Multiple data subjects, Requests for data, Multiple data subjects, Entity responsibility
Commissioner: Dana B. Badgerow
Advisory Opinion 05-006
January 27, 2005; School District 624 (White Bear Lake)
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, what is the classification of the following data that School District 624 (White Bear Lake Area Schools) maintains: data in certain invoices relating to extended day care that the District provides for a particular child?
Category: Data subjects, Educational data, Educational data, Multiple data subjects, Redaction
Keywords: Data subjects, Educational data, Educational data, Multiple data subjects, Redaction, Data incidental to the data subject, Parent data, Education data, Parent access to data on other parent, Entity determines redaction
Commissioner: Dana B. Badgerow
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- Multiple data subjects (26)
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- Redaction (13)
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- Redaction (See also: Multiple data subjects; Separation of data) (10)
- Data incidental to the data subject (4)
- Harassment data (13.43, subd. 8) (4)
- Complainant identity (3)
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- Education data (3)
- Inextricably intertwined data (See also: Northwest Publications, Inc. v. City of Bloomington, 499 N.W.2d 509) (3)
- Requests for data (3)
- Response to data requests (3)