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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 15
Advisory Opinion 05-022
June 16, 2005; School District 701 (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: Would Independent School District 701, Hibbing, violate Minnesota Statutes, Chapter 13, if it released to the school district's Pupil Support Assistants (as a group), the following data about students with disabilities: name, disability of the student, and services to be provided to a student in accordance with an IEP?
Category: Copy costs, Educational data, Educational data
Keywords: Copy costs, Educational data, Educational data, FERPA (Federal Education Rights and Privacy Act), Legitimate educational interest, Special education/students with disabilities/IDEA, Work assignment reasonably requires access, Work assignment reasonably requires access (1205.0400, 1205.0600)
Commissioner: Dana B. Badgerow
Advisory Opinion 04-046
July 12, 2004; School District 832 (Mahtomedi)
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 832, Mahtomedi, comply with Minnesota Statutes, Chapter 13, when it disclosed the identity of a parent and his/her child in a May 7, 2002, letter it sent to all District high school teachers?
Category: Educational data, Educational data
Keywords: Educational data, Educational data, FERPA (Federal Education Rights and Privacy Act), Parent data, Work assignment reasonably requires access
Commissioner: Brian J. Lamb
Advisory Opinion 02-045
November 18, 2002; Itasca 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 Itasca County inappropriately release private data about employee "X" to a County attorney?
Pursuant to Minnesota Statutes, Chapter 13, did Itasca County inappropriately release private data about employee "X" to X's immediate supervisor?
Category: Data subjects, Data subjects, Educational data, Educational data, Personnel data, Tennessen warning, Tennessen warning
Keywords: Data subjects, Data subjects, Educational data, Educational data, Personnel data, Tennessen warning, Tennessen warning, Attorney-client privilege (595.02), Applicant data, Finalist for public employment (13.43, subd. 3), Work assignment requires access, Employment setting, Limitation on collection/use of data (13.05, subd. 4), Work assignment reasonably requires access (1205.0400, 1205.0600)
Commissioner: David F. Fisher
Advisory Opinion 02-044
November 15, 2002; Lake Minnetonka Conservation District
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 Lake Minnetonka Conservation District (LMCD) inappropriately release to a Board member the identity of an individual who complained about possible violations of LMCD regulations by two property owners?
Category: Data subjects, Educational data, Tennessen warning
Keywords: Data subjects, Educational data, Tennessen warning, Property complaint data (13.44), Volunteering data vs. request to supply data, Work assignment reasonably requires access (1205.0400, 1205.0600)
Commissioner: David F. Fisher
Advisory Opinion 00-077
December 29, 2000; School District 625 (St. Paul)
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 625 (St. Paul) respond appropriately to a January 28, 2000 request for summary data?
Category: Copy costs, Existence of data, Response to data requests, Summary data
Keywords: Copy costs, Existence of data, Response to data requests, Summary data, Work assignment reasonably requires access, Requestor must be informed, Appropriate response generally, Summary data (See also: Educational data - Summary data)
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 00-009
March 30, 2000; School Disrict 281 (Robbinsdale)
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, has School District 281 (Robbinsdale) inappropriately disseminated private educational data about a student to a union steward by allowing that individual to attend the student's IEP meeting?
Category: Educational data, Educational data
Keywords: Educational data, Educational data, IEP (Individual Education Plans), Legitimate educational interest, Work assignment reasonably requires access
Commissioner: David F. Fisher
Advisory Opinion 99-025
August 9, 1999; University of Minnesota
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, will the data subject's rights be violated if other University of Minnesota employees are allowed access to his Social Security number?
Category: Data subjects, Personnel data, Tennessen warning
Keywords: Data subjects, Personnel data, Tennessen warning, Work assignment requires access, Tennessen warning and federal Privacy Act notices required
Commissioner: David F. Fisher
Advisory Opinion 99-019
July 7, 1999; City of Waterville
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, may the Waterville Police Civil Service Commission disseminate private personnel data about an employee under its jurisdiction to the Waterville City Council?
Category: Personnel data
Keywords: Personnel data, Americans with Disabilities Act (ADA), Work assignment requires access, Work assignment reasonably requires access (1205.0400, 1205.0600)
Commissioner: David F. Fisher
Advisory Opinion 97-030
July 18, 1997; Blue Earth 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: Is the County's investigative report public data which may be released to the press?
Is the County's investigative report private data on the County Employee?
Assuming that the report is private data on the County Employee, does City Employee A have any greater right to have access to the data than the general public?
If City Employee A is the "subject of" government data stored by the County, how is this data classified with respect to this non-employee?
If the answer to either question number 1 or 3 is yes, may the County redact the identity of the County Employee who filed the complaint? May he County redact the identities of the City employees who were interviewed?
Category: Personnel data
Keywords: Personnel data, Work assignment requires access
Commissioner: Julie Smith Zuidema for Elaine S. Hansen
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- Educational data (9)
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- Work assignment reasonably requires access (1205.0400, 1205.0600) (8)
- Data subjects (5)
- Legitimate educational interest (5)
- Work assignment requires access (4)
- FERPA (Federal Education Rights and Privacy Act) (3)
- Personnel data (3)