Search Opinions
Browse Opinions by Date
Request an Opinion
Our Role
Help with searching
For a Topic Search use terms suggested on our Topics page. Please note that clicking the "Browse Topics" link on the Search Opinions tab will take you away from the search page to a different page, which will lose any existing search results or data that has been entered into search boxes. If you plan to search by topic, we recommend selecting your topic first, and complete any additional fields in the search form after that.
For a simple search, type a few words or a phrase in the Full Text search box, then hit Enter or click the Search button. Your search query can be a single word, multiple words separated by spaces, or it can use more advanced syntax described in the FAQ below. Try to use words that are likely to be unique to the content you're looking for.
Note: For best results when searching for a particular citation, spell out the section and subdivision. For example, “13.43, subdivision 4.”
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 10
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 07-016
August 16, 2007; School District 709 (Duluth)
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 data on the videotape classified as private educational data pursuant to Minnesota Statutes, section 13.32 and/or private personnel data pursuant to Minnesota Statutes, section 13.43?
Category: Educational data
Keywords: Educational data, Photos, videotapes
Commissioner: Dana B. Badgerow
Advisory Opinion 04-024
April 14, 2004; School District 77 (Mankato)
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 School District 77, Mankato, comply with Minnesota Statutes, Chapter 13, in publishing certain data about a student in a yearbook?
Pursuant to Minnesota Statutes, Chapter 13, did School District 77, Mankato, comply with Minnesota Statutes, Chapter 13, by responding to a July 2, 2003, request for data by providing its website address?
Category: Copy costs, Educational data, Electronic data, Electronic data, Legislative authority and intent
Keywords: Copy costs, Educational data, Electronic data, Electronic data, Legislative authority and intent, Directory information, FERPA (Federal Education Rights and Privacy Act), Photos, videotapes, Special education/students with disabilities/IDEA, Enhanced data, Remote access, Electronic files, website
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
Advisory Opinion 01-090
November 16, 2001; City of Watertown
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: videotapes from the City of Watertown's municipal liquor store that are created on cameras maintained by a security service?
Category: Government Data
Keywords: Government Data, Regardless of physical form, Security service data (13.861), Videotapes
Commissioner: David F. Fisher
Advisory Opinion 99-038
November 15, 1999; School District 11 (Anoka - Hennepin)
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 #11 (Anoka-Hennepin) respond appropriately to a June 3, 1999, request for access to attorney bills related to "Y?"
Pursuant to Minnesota Statutes, Chapter 13, did Independent School District #11 (Anoka-Hennepin) respond appropriately to a November 23, 1998, request for access to educational data about Y?
Pursuant to Minnesota Statutes, Chapter 13, did Independent School District #11 (Anoka-Hennepin) respond appropriately to an August 25, 1999, request for access to a videotape of a meeting to discuss Y's IEP?
Category: Educational data
Keywords: Educational data, Attorney bills, IEP (Individual Education Plans), Photos, videotapes
Commissioner: David F. Fisher
Advisory Opinion 99-032
October 7, 1999; City of Brooklyn Park
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 maintained by the City of Brooklyn Park Police Department: a security camera tape obtained from a hotel that the Department used in a criminal investigation?
Category: Law enforcement data
Keywords: Law enforcement data, Data, defined, Photographs/videotapes (See also: Law enforcement - Booking photos), Official Records Act (15.17) See also: Records management, Videotapes
Commissioner: David F. Fisher
Advisory Opinion 97-012
March 19, 1997; City of St. Bonifacius & Minnetrista Public Safety Department ("SBMPSD")
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 Chapter 13, may the St. Bonifacius & Minnetrista Public Safety Department charge a set fee of $25 in addition to the cost of copies of the photographs?
Pursuant to Chapter 13, is it appropriate for St. Bonifacius and Minnetrista Public Safety Department to require a consent to release authorization as described by Mr. Curtiss?
NOTE: In the January 22, 1997, letter sent to Chief Anderson, PIPA mistakenly included an issue that the Commissioner did not intend to address in this opinion. Mr. Everett did not address that issue in his response.
Category: Copy costs, Law enforcement data
Keywords: Copy costs, Law enforcement data, Actual cost - public, Flat or standard fee, Photographs, Photographs/videotapes (See also: Law enforcement - Booking photos), Photographs
Commissioner: Elaine S. Hansen
Advisory Opinion 95-032
July 25, 1995; Scott 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: May a law enforcement agency, which maintains videotapes and photographs that are part of an inactive investigative file, classify same videotapes and photographs as nonpublic data when those videotapes and photographs have already been viewed by the person making the data request and other members of the public?
Does Minnesota Statutes Chapter 13 require a government entity to inform a person requesting access to public data that the requested data is classified so as to deny the requesting person access?
Does Chapter 13 require a government entity to keep records containing government data in such an arrangement and condition as to make them easily accessible for convenient use?
Does Chapter 13 require a government entity to establish procedures to insure that requests for government data are complied with in an appropriate and prompt manner
?
Category: Law enforcement data
Keywords: Law enforcement data, Photographs/videotapes (See also: Law enforcement - Booking photos), Photographs
Commissioner: Elaine S. Hansen
Advisory Opinion 94-030
August 9, 1994; City of Brooklyn Park
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: Does the Brooklyn Park Police Department violate §13.82, subd. 5 of the Data Practices Act by having a policy of classifying as private all photographs taken at death scenes, regardless of their contents?
Should the Brooklyn Park Police Department review each photograph in Gwen Donald's investigative file and make a photograph by photograph determination whether the photograph is clearly offensive to common sensibilities before answering a request for that data?
If a portion of a photograph is reasonably deemed clearly offensive to common sensibilities, should the public have access to that portion of the photograph which is not offensive?
Category: Law enforcement data
Keywords: Law enforcement data, Commissioner of Administration, Photographs/videotapes (See also: Law enforcement - Booking photos), Photographs
Commissioner: Debra Rae Anderson