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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 16
Advisory Opinion 24-002
July 22, 2024; City of Fertile
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 member of the public asked whether a city responded appropriately to a request for its data access policies. The Commissioner opined that the city did not respond appropriately because it appeared that the city did not have data access policies at the time of the request.
Category: Policies and Procedures
Keywords: Policies and Procedures, Data access policy
Commissioner: Tamar Gronvall
Advisory Opinion 22-001
January 4, 2022; SouthWest Transit
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2021). It is based on the facts and information ...
Description: A member of the public asked whether a joint powers entity responded appropriately to a request for a copy of its data access policies as well as to a request for data about himself made pursuant to Minnesota Statutes, section 13.04. The Commissioner determined that the entity did not respond properly to the request for a copy of its policies because the entity had not yet adopted the required access policies at the time of the request. Additionally, the Commissioner noted that the entity contacting the requester during the afternoon of the day the 10-day deadline expired to offer an opportunity to inspect data did not reasonably meet the requirements of section 13.04, subdivision 3. As a result, the Commissioner opined that the entity did not respond appropriately to the data request made by a data subject. Finally, the Commissioner provided guidance on government entities’ responsibilities related to large data requests and internal procedures that consider respectful workplace policies.
Category: Policies and Procedures, Data subjects, Response to data requests
Keywords: Policies and Procedures, Data subjects, Response to data requests, Data subject access, Data access policy
Commissioner: Alice Roberts-Davis
Advisory Opinion 13-007
March 19, 2013; Independent School District 625 (St. Paul)
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2012). It is based on the facts and information ...
Description: A member of the public requested a school district’s data practices access policies and procedures required by sections 13.025 and 13.03. The district replied that it did not maintain a single written document that details its public data access procedures, but that it follows the procedures set forth in statute. The district did not fulfill its obligation to produce a “written data access policy” that “is easily available to the public.”
Category: Policies and Procedures
Keywords: Policies and Procedures, Public access procedures
Commissioner: Spencer Cronk
Advisory Opinion 05-003
January 7, 2005; Rock County Sheriff's 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: Is the Rock County Sheriff's Office in compliance with Minnesota Statutes, Chapter 13, if it has not prepared the public access procedures required pursuant to section 13.03, subdivision 2(b)?
Category: Policies and Procedures
Keywords: Policies and Procedures, Public access procedures
Commissioner: Dana B. Badgerow
Advisory Opinion 04-049
August 6, 2004; Red River Watershed Management Board
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 Red River Watershed Management Board in compliance with Minnesota Statutes, Chapter 13, if it has not prepared the public access procedures required pursuant to section 13.03, subdivision 2(b)?
Category: Policies and Procedures
Keywords: Policies and Procedures, Public access procedures
Commissioner: Brian J. Lamb
Advisory Opinion 04-022
April 2, 2004; School District 272 (Eden Prairie)
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 Independent School District 272, Eden Prairie, complied with Minnesota Statutes, Chapter 13, in its determination regarding an October 6, 2003, request for a copy of all Data Practices policies utilized by the District?
Has Independent School District 272, Eden Prairie, complied with Minnesota Statutes, Chapter 13, in its determination regarding a November 28, 2003, request for all data which define the District's policies and procedures related to each of 20 topics?
Has Independent School District 272, Eden Prairie, complied with Minnesota Statutes, Chapter 13, in its determination regarding a December 17, 2003, request for access to data?
Category: Responsible authority, Policies and Procedures, Response to data requests
Keywords: Responsible authority, Policies and Procedures, Response to data requests, Public access procedures
Commissioner: Brian J. Lamb
Advisory Opinion 01-087
October 25, 2001; City of Mounds View
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 City of Mounds View respond appropriately to data requests made on August 7 and August 29, 2001?
Is the City of Mounds View required by Minnesota Statutes, section 13.03, subdivision 2(b), to make copies of its written public access procedures easily accessible, either by distributing free copies to the public or by posting a copy?
Category: Response to data requests, Requests for data, Policies and Procedures
Keywords: Response to data requests, Requests for data, Policies and Procedures, Public access procedures
Commissioner: David F. Fisher
Advisory Opinion 01-027
February 15, 2001; Special 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: Pursuant to Minnesota Statutes, section 13.03, did Special School District 1, Minneapolis, respond appropriately to a request for access to public data?
Pursuant to Minnesota Statutes, section 13.03, did Special School District 1, Minneapolis, respond appropriately to a request for access to the District's public access procedures provided for in section 13.03, subdivision 2(b)?
Category: Policies and Procedures, Responsible authority, Response to data requests
Keywords: Policies and Procedures, Responsible authority, Response to data requests, Public access procedures
Commissioner: David F. Fisher
Advisory Opinion 01-026
February 7, 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: Pursuant to Minnesota Statutes, section 13.03, did the Minnesota Department of Human Services respond appropriately to a request for access to data made on November 15, 2000?
Pursuant to Minnesota Statutes, section 13.03, did the Minnesota Department of Human Services respond appropriately to requests for access to the Department's public access procedures provided for in section 13.03, subdivision 2(b)?
Category: Response to data requests, Policies and Procedures
Keywords: Response to data requests, Policies and Procedures, Public access procedures
Commissioner: David F. Fisher
Advisory Opinion 01-002
January 3, 2001; School District 283 (St. Louis Park)
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 283, St. Louis Park, respond appropriately to a request to access data made on October 20, 2000?
Category: Policies and Procedures
Keywords: Policies and Procedures, Public access procedures
Commissioner: Kirsten Cecil Deputy