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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 - 5 of 5
Advisory Opinion 14-012
October 8, 2014; City of Minneapolis
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2013). It is based on the facts and information ...
Description: A requester asked for the “raw
data file” that contained de-identified employee
responses to a survey. The request was denied
based on section 13.43, subdivision 7(a), which
classifies the data as private personnel data.
Personnel data are defined as “data on individuals”;
the data in question are not data on individuals
because an individual cannot “be identified as the
subject of that data” (section 13.02, subdivision 5).
Therefore, the data are not personnel data, and are
presumptively public. The city’s contractor that
conducted the survey said it would “sanitize” the
raw data to remove the identity of responders
before providing the “raw data file” to the entity;
any data that could identify an employee who was
the subject of a suggestion are private personnel
data.
Category: Personnel data
Keywords: Personnel data, Data not on individuals, Employee survey data
Commissioner: Matthew Massman Acting
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 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 02-038
October 23, 2002; Minnesota Board of Electricity
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 13.41, did the State of Minnesota Board of Electricity respond appropriately to an August 15, 2002, request for access to data?
Category: Licensing data
Keywords: Licensing data, Data not on individuals, Only regulates data on individuals, Licensing data (13.41)
Commissioner: David F. Fisher
Advisory Opinion 98-045
October 19, 1998; Minnesota Higher Education Services 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: How are data submitted by an applicant or a licensed school to obtain Minnesota Higher Education Services Office's (HESO) approval of a proposed program classified under Minnesota Statutes Chapter 13?
Pursuant to Minnesota Statutes Chapter 13, is HESO allowed to share a copy of the program proposal documentation with anyone other than personnel from the applicant or school?
Category: Licensing data
Keywords: Licensing data, Data not on individuals, Licensing data (13.41)
Commissioner: Elaine S. Hansen