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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 - 9 of 9
Advisory Opinion 17-002
April 18, 2017; City of Woodbury
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2016). It is based on the facts and information ...
Description: a newspaper asked if a city police department had properly classified various data elements in various police incident reports (ICRs). The Commissioner determined that the city had properly redacted some data elements, improperly withheld others, and in some cases could not make a determination. The Commissioner noted that law enforcement agencies must exercise their discretion to protect certain identities on a case-by-case basis, and must document those determinations.
Category: Law enforcement data
Keywords: Law enforcement data, Protected identities (13.82, subd. 17 / subd. 10)
Commissioner: Matthew Massman
Advisory Opinion 12-014
September 18, 2012; Stearns County
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 County asked whether
implementing a web-based automated crime mapping
program would violate the rights of data subjects. The
Commissioner opined that certain data subjects’ rights
could be violated by the automated system as
described by the County. The program, which uploads
law enforcement data to the program automatically
each evening, did not allow for the County to perform
its duty to exercise discretion in certain situations as
required by Minnesota Statutes, section 13.82.
Category: Law enforcement data
Keywords: Law enforcement data, Combining data elements may uniquely identify an individual, Protected identities (13.82, subd. 17 / subd. 10)
Commissioner: Spencer Cronk
Advisory Opinion 08-006
April 24, 2008; Stearns County Attorney
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 Stearns County Attorney comply with Minnesota Statutes, Chapter 13, in responding to a request for the following data related to a shooting that occurred on January 25, 2008: the names, dates of birth and city of residence of witnesses to the fatal shooting; the name, date of birth and city of residence of the alleged shooter; a brief reconstruction of the events associated with the fatal shooting; the address where the fatal shooting took place; and the transcript of the 911 call reporting the shooting?
Category: Law enforcement data
Keywords: Law enforcement data, Law enforcement (13.82), Arrest data, Protected identities (13.82, subd. 17 / subd. 10), Response or incident data (13.82, subd. 6 / subd. 4), Temporary withholding of data (13.82, subd. 14)
Commissioner: Dana B. Badgerow
Advisory Opinion 04-033
June 1, 2004; 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: Did the City of Minneapolis comply with Minnesota Statutes, Chapter 13, in responding to a February 13, 2004, request for access to and inspection of the Friday, February 6, 2004, Minneapolis Police Department police report regarding Raymond L. Siegler?
Category: Electronic data, Law enforcement data
Keywords: Electronic data, Law enforcement data, Easily accessible for convenient use (13.03, subd. 1), Computer design, Protected identities (13.82, subd. 17 / subd. 10)
Commissioner: Brian J. Lamb
Advisory Opinion 03-042
October 13 2003; Koochiching 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 the Koochiching County Sheriff respond appropriately to a request for the name of an alleged victim of a certain incident under investigation?
Category: Law enforcement data
Keywords: Law enforcement data, Juveniles (260.161 / 260B.171), Physical data access (13.82, subd. 16 / subd. 9), Protected identities (13.82, subd. 17 / subd. 10), Temporary withholding of data (13.82, subd. 14)
Commissioner: Brian J. Lamb
Advisory Opinion 01-069
August 28, 2001; Le Sueur County Sheriff
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: What is the classification of previous and current reports about X that the Le Sueur County Sheriff maintains? X requested and signed a "Victim and/or Witness Identity Protection" form.
Category: Law enforcement data, Legislative authority and intent
Keywords: Law enforcement data, Legislative authority and intent, Protected identities (13.82, subd. 17 / subd. 10), Law enforcement data
Commissioner: David F. Fisher
Advisory Opinion 01-050
June 6, 2001; City of St. Paul
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 St. Paul Police Department respond appropriately to a March 22, 2001, request for data by denying KSTP-TV access to the identity of the complainant and the transcript of the 911 tape?
Category: Law enforcement data
Keywords: Law enforcement data, Protected identities (13.82, subd. 17 / subd. 10), Request for service data (13.82, subd. 3)
Commissioner: David F. Fisher
Advisory Opinion 00-078
December 29, 2000; City of Hibbing
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 Hibbing respond appropriately to a request for access to the following data: name and address of an individual, present at the scene of an alleged crime, whom the law enforcement agency regards as a potential suspect or perpetrator, when the individual has not been arrested, charged or cited at the time of the request for access to the data?
If, after the request for the data described above, the law enforcement agency determines that the potential suspect of perpetrator was not present at the scene, are the data classified under Chapter 13 such that public access may denied?
Category: Law enforcement data
Keywords: Law enforcement data, Protected identities (13.82, subd. 17 / subd. 10), Request for service data (13.82, subd. 3), Response or incident data (13.82, subd. 6 / subd. 4), Law enforcement data
Commissioner: David F. Fisher
Advisory Opinion 94-060
December 30, 1994; City of Champlin
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: May access to certain law enforcement data be denied pursuant to Minnesota Statutes Section 13.82, subdivisions 7 and 10, if those data have been disseminated in a briefing to members of the public by the law enforcement agency?
May access to certain law enforcement data be denied pursuant to Minnesota Statutes Section 13.82, subdivision 10, if there is no evidence in the record that at the time access to the data was denied, the city had made the determination required by Minn. Stat. §13.82, subd. 10 (d)?
Category: Law enforcement data
Keywords: Law enforcement data, Protected identities (13.82, subd. 17 / subd. 10)
Commissioner: Robert A. Schroeder Acting