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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
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 Minnesota Department of Corrections in compliance with Minnesota Statutes, Chapter 13, in charging $177.22 for a copy of jail booking data from the Statewide Supervision System for the time period November 1, 2003, through July 31, 2004?
Category: Data subjects
Keywords: Data subjects, Complete and current 13.05, Operating expenses excluded, Special costs (1205.0300), Verification of data accuracy
Commissioner: Dana B. Badgerow
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 Minnesota Department of Children, Families & Learning respond appropriately to a March 28, 2002, request for public data?
Category: Data subjects, Response to data requests
Keywords: Data subjects, Response to data requests, Complete and current 13.05, Inappropriate response, generally
Commissioner: David F. Fisher
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 District 721 violate Minnesota Statutes Chapter 13 when a District employee disseminated data contained in a Rice County Suspected Child Abuse/Neglect Form about a student and his/her father to the student's mother? (The disseminations allegedly occurred in February or March of 1995, and in the fall of 1995.) Did the apparent destruction of educational data (school counselor's notes) by a District 721 employee violate the rights of access pursuant to Section 13.04, subdivision 3, of the student and her/his father? Did District 721 violate Section 13.04, subdivision 3, by failing to provide the following data about a student and her/his father upon their May 24, 1996, request for access to data: data contained in a Rice County Suspected Child Abuse/Neglect Report and data contained in a Rice County Child Abuse Interview on School Property notification? Did District 721 violate Section 13.05, subdivision 5, by failing to ensure that data contained in the following documents about the student and her/his father are accurate, complete, and current: the school counselor's notes, a Rice County Suspected Child Abuse/Neglect Report, and a Rice County Child Abuse Interview on School Property notification? Did District 721 violate Section 13.04, subdivision 3, by failing to notify the data requestors that the District would require an additional five days to respond to their May 24, 1996, request?
Category: Data subjects, Educational data, Records management/retention
Keywords: Data subjects, Educational data, Records management/retention, Complete and current 13.05, Data access to data subject, Parent of dependent adult student, Instructional personnel, Notes, "desk drawer notes", Education data, Records retention schedule, Security safeguards (13.05, subd. 5)
Commissioner: Elaine S. Hansen
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: Has the City of Virginia complied with the requirements of Minnesota Statutes Section 13.04, subdivision 3, regarding access to data by a data subject? Does a copy charge of $.25 per page represent the "actual" costs, pursuant to Section 13.04, subdivision 3, for copying government data? What is a government entity's obligation, pursuant to Chapter 13, regarding protection of data on individuals? Is the City of Virginia required, pursuant to Section 13.04, subdivision 2, to provide a "Tennessen Warning" notice to an individual upon the City's collection of health insurance/medical data about that individual from that individual?
Category: Data subjects, Educational data, Tennessen warning
Keywords: Data subjects, Educational data, Tennessen warning, Complete and current 13.05, Security safeguards (13.05, subd. 5), Tennessen warning notice (13.04, subd. 2)
Commissioner: Elaine S. Hansen
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, or former employee, or an agent, or former agent, of an entity subject to Minnesota Statutes Chapter 13 possesses work-related data outside of the workplace, are those data government data as defined in Section 13.02, subdivision 7?
Category: Data subjects
Keywords: Data subjects, Complete and current 13.05, Location of data, Location of data, Security safeguards (13.05, subd. 5)
Commissioner: Elaine s. Hansen

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