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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 23
Advisory Opinion 19-009
May 30, 2019; Office of Higher Education
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2018). It is based on the facts and information ...
Description: The Office of Higher Education (OHE) asked about the classification of certain program review data it maintained on a private/out-of-state university. The Commissioner opined that while the OHE is conducting the review the data may be classified as not public civil investigative data under Minnesota Statutes, section 13.39. When the review concludes, the data revert to the not public classification they had prior to the investigation or are public. The Commissioner also reiterated that data may be protected as trade secret information under Minnesota Statutes, section 13.37, if the entity determines the data meet the definition in that section. Additionally, Minnesota Statutes, section 136A.64, classifies accreditation reports, records, and information in the program review as not public. Finally, the Commissioner noted that Minnesota Statutes, section 13.03, subdivision 9, classifies data at the time of the request, regardless of any prior or subsequent classification.
Category: Educational data, Trade secret, Civil investigative data
Keywords: Educational data, Trade secret, Civil investigative data, Civil investigative data (13.39), Educational data, Education data, Trade secrets, Trade secrets (13.37), Classification at time of request, controls access (13.03, subd. 9), Classification of data
Commissioner: Alice Roberts-Davis
Advisory Opinion 18-016
November 30, 2018; Minnesota Racing Commission
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2018). It is based on the facts and information ...
Description: A government entity asked about the classification of certain financial data that it maintains about one of its licensee racetracks. The entity argued that the data at issue did not meet the definition of “trade secret” in section 13.37 because the licensee did not demonstrate that the data derived “independent economic value, actual or potential, from not being generally known.” The Commissioner agreed with the entity’s determination that the data were not trade secret and therefore, presumptively public.
Category: Trade secret
Keywords: Trade secret,
Commissioner: Matthew Massman
Advisory Opinion 14-018
November 17, 2014; Department of Public Safety
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2014). It is based on the facts and information ...
Description: A requester asked for access to copies
of contracts and non-disclosure agreements for cell
phone exploitation equipment. The entity said it could
not redact the documents because they contained
inextricably intertwined trade secret data (section
13.37, subdivision 1(b)), and “deliberative process/
investigative techniques” data (section 13.82,
subdivision 25). Contracts and non-disclosure
agreements contain standard clauses that are
presumptively public. Accordingly, the entity must
redact any data that are properly classified under
sections 13.37 and/or 13.82, and release the remaining
public data.
Category: Contracts/privatization, Law enforcement data, Trade secret
Keywords: Contracts/privatization, Law enforcement data, Trade secret, Deliberative processes (13.82, subd. 25 / subd. 16), Contracts, Privatization, 13.03 subdivision 11, Classification generally
Commissioner: Matthew Massman Acting
Advisory Opinion 06-005
February 21, 2006; 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, Chapter 13, what is the classification of the following data that the Minnesota Department of Public Safety maintains: a response to a Department request for proposal?
Category: Trade secret
Keywords: Trade secret, RFP (request for proposals/request for bids, Commissioner's limited authority
Commissioner: Dana B. Badgerow
Advisory Opinion 05-024
June 24, 2005; Resource Training and Solutions
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 Resource and Training Solutions (RTS) comply with Minnesota Statutes, Chapter 13, in denying access to the following data: the operating agreement between RTS and Blue Cross Blue Shield of Minnesota?
Category: Responsible authority, Trade secret
Keywords: Responsible authority, Trade secret, Determination by responsible authority, Determination of data classification, Determination made by entity
Commissioner: Dana B. Badgerow
Advisory Opinion 03-017
June 18, 2003; Minnesota Department of Transportation
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 following data that Zumbro River Constructors (ZRC) maintains: pricing information contained in ZRC's contracts with subcontractors?
If the data described in Issue 1 are public, and Zumbro River Constructors won't release the data to the Minnesota Department of Transportation (Mn/DOT), what is Mn/DOT's responsibility under Minnesota Statutes, Chapter 13?
Category: Trade secret
Keywords: Trade secret, Proprietary information (See also: Intellectual property), Proprietary not sufficient
Commissioner: Brian J. Lamb
Advisory Opinion 03-009
April 15, 2003; Minnesota Department of Health
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 Health respond appropriately to an October 22, 2002, request for access to the following sections in the Operating Agreement of Minneapolis PET Center, LLC and Minnesota Oncology Hematology, P.A.: Articles I through V; Article VI, Sections 6.1 through 6.2(c) and Section 6.3; and Article VII, Section 7.5?
Category: Trade secret
Keywords: Trade secret, Commissioner of Administration, Commissioner's limited authority
Commissioner: Brian J. Lamb
Advisory Opinion 02-041
November 12, 2002; Minnesota State Lottery
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 certain data contained in written materials and a video file that the Minnesota State Lottery maintains?
Category: Trade secret
Keywords: Trade secret, Independent economic value from not being generally known (subd. 1(b))
Commissioner: David F. Fisher
Advisory Opinion 01-051
June 6, 2001; 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, Chapter 13, did the Minnesota Department of Public Safety respond appropriately to a request for access to a copy of the audit of the Red Lake Band of Chippewa's gambling operations?
Category: Trade secret
Keywords: Trade secret, Indian gaming audit data, Efforts to maintain secrecy (subd. 1(b))
Commissioner: David F. Fisher
Advisory Opinion 01-029
February 27, 2001; Mahnomen 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, what is the classification of "site evaluations" and "site designs" submitted to Mahnomen County as part of the septic permit application process?
Pursuant to Minnesota Statutes, Chapter 13, what is the classification of telephone numbers and home addresses submitted to Mahnomen County as part of the septic permit application process, in cases where concerns have been raised about individual safety?
Category: Security information, Trade secret
Keywords: Security information, Trade secret, Entity's discretion to withhold, Independent economic value from not being generally known (subd. 1(b))
Commissioner: David F. Fisher
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- Trade secret (23)
- Proprietary information (See also: Intellectual property) (6)
- Commissioner's limited authority (3)
- Determination made by entity (3)
- Efforts to maintain secrecy (subd. 1(b)) (3)
- Freedom of Information Act (FOIA) (3)
- Independent economic value from not being generally known (subd. 1(b)) (3)
- Trade secrets (13.37) (3)