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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 10
Advisory Opinion 24-001
July 15, 2024; Minnesota Department of Human Services
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2023). It is based on the facts and information ...
Description: A data subject asked whether the Department of Human Services complied with section 13.04, subd. 4 when it extended a deadline to respond to a challenge that data about him were accurate and complete. The Commissioner noted that section 13.04, subd. 4(c) requires a government entity to respond to a data challenge within 30 days by either correcting the disputed data or informing the data subject that it has determined the data are correct. The plain language of the subdivision does not permit an entity to extend this 30-day deadline. Therefore, the Commissioner opined that DHS did not comply with the Data Practices Act when it extended the deadline to respond to the data subject's challenge.
Category: Data subjects
Keywords: Data subjects, Challenge accuracy and completeness of data, Data subjects (13.04)
Commissioner: Tamar Gronvall
Advisory Opinion 04-052
August 18, 2004; 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, subdivision 4, did the Hennepin County Children, Family and Adult Services Department violate the Xs' rights because it did not make the required determination about their data challenge?
Category: Data subjects
Keywords: Data subjects, Challenge accuracy and completeness of data
Commissioner: Brian J. Lamb
Advisory Opinion 01-089
November 6, 2001; Minnesota Department of Human Services
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 Moose Lake Regional State Operated Services Policy # 24.6, Section IV, of the Minnesota Sex Offender Program, in compliance with Minnesota Statutes, Chapter 13?
Category: Data subjects
Keywords: Data subjects, Challenge accuracy and completeness of data
Commissioner: David F. Fisher
Advisory Opinion 01-065
August 16, 2001; School District 271 (Bloomington)
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 271, Bloomington, maintains: a letter to an employee of the District?
Category: Data subjects, Personnel data
Keywords: Data subjects, Personnel data, Challenge accuracy and completeness of data, Defined, Policy or contract determines, Notice of deficiency
Commissioner: David F. Fisher
Advisory Opinion 00-043
October 19, 2000; 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, section 13.04, subdivision 4, what is a government entity's obligation to include a data subject's "statement of disagreement" regarding the accuracy and/or completeness of data when the entity discloses the data in dispute on its website?
Category: Data subjects, Electronic data, Legislative authority and intent
Keywords: Data subjects, Electronic data, Legislative authority and intent, Challenge accuracy and completeness of data, Email/internet, Security safeguards (13.05, subd. 5)
Commissioner: David F. Fisher
Advisory Opinion 00-031
August 2, 2000; Ramsey 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, if the Ramsey County Human Services Department has not responded to a data subject's February 2, 2000, challenge to the accuracy and/or completeness of data, has the County violated the data subject's rights?
Category: Data subjects
Keywords: Data subjects, Challenge accuracy and completeness of data, Judicial branch (13.90) (See also: Court records)
Commissioner: David F. Fisher
Advisory Opinion 96-016
April 1, 1996; Moorhead State University
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: Upon a request for access to data by a data subject, does a government entity have authority, pursuant to Minnesota Statutes Chapter 13, to require the data subject to provide the following data: date of request; student number; Social Security number; specific location of the data requested; student name; student address; and student telephone number.
When a data subject has inspected or has been informed of data about him/her, does the government entity have authority, pursuant to Chapter 13, to require the data subject to sign a statement that s/he is not satisfied with the accuracy and/or completeness of the data?
Category: Data subjects, Tennessen warning
Keywords: Data subjects, Tennessen warning, Challenge accuracy and completeness of data, Location of data, Necessary to administer a program authorized by law (13.05, subd. 3), Tennessen warning and federal Privacy Act notices required
Commissioner: Elaine S. Hansen
Advisory Opinion 94-040
October 5, 1994; City of Buffalo
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: When an employee of the City of Buffalo didn't know what the classification of a piece of private data was, did that constitute a violation of the minor child's rights by impeding access to government data and not applying appropriate safeguards?
When the City of Buffalo charged a set fee of $5.00 on May 4 and June 10, to copy information from a Minnesota Government Data Practices Act Request, were they impeding access to government data and violating the minor child's rights?
When Buffalo Police Officer Steven Huberty disseminated private data to the Buffalo High School, did that violate the minor child's rights to privacy and rights to challenge the accuracy of data being maintained by the Buffalo Police Department?
Was the City of Buffalo suppose to respond to the custodial parent's Minnesota Government Data Practices Act Request of May 6 in 30 days? Did the City of Buffalo violate Minnesota Statutes and the rights of the data subject in the manner they responded?
Category: Copy costs, Data subjects, Educational data, Law enforcement data
Keywords: Copy costs, Data subjects, Educational data, Law enforcement data, Challenge accuracy and completeness of data, Operating expenses excluded, Flat or standard fee, Juveniles (260.161 / 260B.171), Law enforcement data
Commissioner: Debra Rae Anderson
Advisory Opinion 94-039
October 5, 1994; Wright 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: When the Wright County Attorney's Office issued the petition on May 18, 1994, which included the Buffalo Police Report and not the custodial parent's Minnesota Data Practices Act Request of May 6, 1994, did that office violate the right of an individual, when challenging data, to have recipients of the challenged data notified of the challenge?
In charging $5.00 for the first 10 copies of data on individuals, rather than the actual cost, is the Wright County Attorney's Office impeding access to government data by the data subject?
Category: Copy costs, Data subjects
Keywords: Copy costs, Data subjects, Challenge accuracy and completeness of data, No charge to search/retrieve/redact
Commissioner: Debra Rae Anderson
Advisory Opinion 94-002
January 4, 1994; School District 829 (Waseca)
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 ISD 829 or its attorney(s) violate the provisions of Minnesota Statutes Section 13.04, Subd. 3 by denying X's parent his full educational records within the timelines required by law?
Did ISD 829 violate the provisions of Minnesota Statutes Section 13.04, Subd. 4 by failing to provide, under the timelines required by law, all of X's records once it was on notice that the parent considered the file provided to be incomplete?
Category: Data subjects
Keywords: Data subjects, Challenge accuracy and completeness of data
Commissioner: Debra Rae Anderson