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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 - 3 of 3
Advisory Opinion 02-044
November 15, 2002; Lake Minnetonka 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: Pursuant to Minnesota Statutes, Chapter 13, did the Lake Minnetonka Conservation District (LMCD) inappropriately release to a Board member the identity of an individual who complained about possible violations of LMCD regulations by two property owners?
Category: Data subjects, Educational data, Tennessen warning
Keywords: Data subjects, Educational data, Tennessen warning, Property complaint data (13.44), Volunteering data vs. request to supply data, 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 97-032
August 1, 1997; School District 273 (Edina)
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 School District #273, Edina, failed to comply with the requirements of Minnesota Statutes Section 13.04, subdivision 2, because it did not provide a Tennessen Warning notice to H and H's parents upon collection of data in the following situations: 1) upon application for H to participate in the 1996-1997 Buddies program; 2) during a June 5, 1996, meeting with District staff; and 3) during an August 7, 1996, meeting with District staff.
Does the "Edina Buddies Program - Parent/Guardian Expectations" consent to release form utilized by School District #273, Edina, comply with the requirements of Minnesota Statutes Section 13.05, subdivision 4 (d); Minnesota Rules Section 1205.1400; 20 U.S.C. 123g (b)(1) and (b)(2)(A); and 34 CFR 99.30?
Category: Data subjects, Educational data, Informed consent, Tennessen warning, Tennessen warning
Keywords: Data subjects, Educational data, Informed consent, Tennessen warning, Tennessen warning, Educational data, Frequency in giving notice, Volunteering data vs. request to supply data
Commissioner: Elaine S. Hansen