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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 - 7 of 7
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 02-015
April 5, 2002; School District 1 (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: Does School District 1, Minneapolis, have an obligation to provide teaching staff with the Tennessen warning notice detailed in Minnesota Statutes, section 13.04, subdivision 2, concerning the collection and use of teachers' Social Security numbers for purposes of taking student attendance?
Does the District have an obligation to provide teaching staff with the notice requirement stated in the Privacy Act of 1974 (5 U.S.C. 552a, note) concerning the collection and use of teachers' Social Security numbers for purposes of taking student attendance?
Category: Data subjects, Educational data, Legislative authority and intent, Tennessen warning
Keywords: Data subjects, Educational data, Legislative authority and intent, Tennessen warning, Tennessen warning notice, Passwords, Tennessen warning and federal Privacy Act notices required, Consent needed for new use of data if notice was not given, Employment setting, Frequency in giving notice, Limitation on collection/use of data (13.05, subd. 4), Volunteering data vs. request to supply data
Commissioner: David F. Fisher
Advisory Opinion 02-002
January 10, 2002; Metropolitan Council
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 Metropolitan Council improperly disclose data about an employee?
Category: Data subjects, Educational data, Tennessen warning
Keywords: Data subjects, Educational data, Tennessen warning, Promise of confidentiality, Employment setting
Commissioner: David F. Fisher
Advisory Opinion 01-081
October 5, 2001; School District 194 (Lakeville)
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 Independent School District 194, Lakeville, provide to the Lakeville Police Department, in connection with a report of a possible crime, the following data, without consent of the data subject or a court order: (a) the name(s) of the employee(s) who it suspects of wrongdoing, and (b) information provided by employees during the District's investigation with the name(s) of the employee(s) who provided the information?
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, Criminal charges against employee, Law enforcement, Employment setting, Limitation on collection/use of data (13.05, subd. 4)
Commissioner: David F. Fisher
Advisory Opinion 00-004
February 15, 2000; Minnesota Office of the Crime Victims Ombudsman
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 data in the following document: the Office of Crime Victims Ombudsman Critical Report #9900029?
To the extent that any of the data in the Report are classified as private or confidential, would the rights of the subjects of those data be violated if the Ombudsman's Office released the Report to "the governor, the legislature and any of its committees, the press and others who may be concerned?"
Category: Data subjects, Data subjects, Educational data, Educational data, Tennessen warning, Tennessen warning
Keywords: Data subjects, Data subjects, Educational data, Educational data, Tennessen warning, Tennessen warning, Crime Victims Ombudsman, Employment setting, Entities authorized to receive data, Change in classification 13.03
Commissioner: David F. Fisher
Advisory Opinion 98-003
January 27, 1998; Minnesota Department of Public Safety
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 2, were M's rights violated when the Minnesota Department of Public Safety collected private data about M and 1) did not provide him/her with a complete "Tennessen Warning" notice and 2) disseminated those data in contrast to what was described in the limited notice?
Category: Data subjects, Educational data, Tennessen warning, Tennessen warning
Keywords: Data subjects, Educational data, Tennessen warning, Tennessen warning, Employment setting, Purpose and intended use of data
Commissioner: Elaine S. Hansen
Advisory Opinion 98-001
January 9, 1998; Hennepin County 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: Did the District comply with Minnesota Statutes Section 13.04, subdivision 2, when it collected private data from H about H upon his/her being hired in 1991?
Pursuant to Minnesota Statutes Section 13.04, in 1994, did the District inappropriately disseminate data about H to Lori A. Olson Investigations?
Pursuant to Minnesota Statutes Section 13.04, subdivision 3, did the District respond properly to an April 5, 1994, request for access to data from the data subject (see Exhibit D, numbers 1 and 4).
Pursuant to Minnesota Statutes Chapter 13, did the District respond properly to a June 14, 1994, request for access to data? (See Exhibit F.)
Were H's rights under Section 13.04, subdivision 3, violated when s/he sought access to all data about him/herself and was provided access to some but not all of the data? (Specifically, H apparently requested access to the data in October/November 1996 - see Exhibit H - and inspected the data on November 5, 1996. In April of 1997, H received from the District two documents - see Exhibit Q - the dates of which suggest that the District was in possession of these documents prior to the November 5, 1996, inspection.)
Pursuant to Minnesota Statutes Section 13.04, subdivision 3, did District staff respond properly to a March 26, 1997, request for access to data by apparently stating that certain data were not accessible because the staff person had a law degree and certain materials about H were privileged?
Were H's rights under Section 13.04, subdivision 3, violated when s/he sought access to all data about him/herself and was provided access to some but not all of the data? (Specifically, on March 26, 1997, H apparently requested access to all data about him/her. In a letter dated July 8, 1997 (see Exhibit O), H's manager informed H that certain documents came into the possession of the District in March of 1997. However, these documents were apparently not provided to H on March 26, 1997.)
Pursuant to Minnesota Statutes Section 13.04, subdivision 3, did the District inappropriately disseminate data about H to two consultants?
Pursuant to Minnesota Statutes Section 13.04, subdivision 3, did the District respond properly to a June 25, 1997, request for access to the following data: a list of all people who had received H's personal mail? (See Exhibit N.)
Pursuant to Minnesota Statutes Section 13.04, subdivision 3, did the District inappropriately disseminate, to other District staff members, data about H contained in a report dated July 14, 1997? (See Exhibit P.)
Category: Data subjects, Educational data, Personnel data, Tennessen warning
Keywords: Data subjects, Educational data, Personnel data, Tennessen warning, Disclosure or Dissemination of data, Data subject access to personnel data, Statute of limitations, Employment setting
Commissioner: Elaine S. Hansen