2(b). Minn. Stat. § 13.08, subd. 2. § 13D.01, subd. § 13D.01, subd. Minn. Stat. Upon receipt of a statement signed by the voter that withholding the voter's name from the public information list is required for the safety of the voter or the voter's family, the secretary of state and county auditor must withhold from the public information list the name of the registered voter. In that capacity, a private party will likely create, collect, receive, store, use, maintain, or give out government data.
§ 13.08, subd. Subdivision 1. This document is a public record pursuant to Minnesota Statute 13.05 05/21/2021. Therefore, these exemptions, and any others expressly provided by statute, are mandatory. Minn. Stat. The New Kingmakers documents the rise of the developer class, and provides strategies for companies to adapt to the new technology landscape. Public data. You must ask the RA for the information. Arrest data is defined as “data created or collected by law enforcement agencies which document any actions taken by them to cite, arrest, incarcerate or otherwise substantially deprive an adult individual of liberty.” Id. 4(b). Thus, if a contractor’s employees need access to private or confidential data to do their work, they will be permitted to access the data. 1997). In 1990 the legislature passed a law, separate from the Open Meeting Law, requiring that all legislative meetings be open to the public. 1997). § 13.82, subd. Those wishing to request information through the Minnesota Government Practices Act may use this form. 4. The issue is to be decided by each body. 3(a). It may require you to make a written request. Requests for government data must be complied with in an "appropriate and prompt manner." § 13D.01, subd. 4. Webster v. Hennepin Cty., 910 N.W.2d 420, 433–34 (Minn. 2018). 2. Home addresses of any applicants or licensees with the Board of Peace Officer Standards and Training are to be kept private. Minn. Stat. § 13.44, subd. In Itasca County Board of Commissioners v. Olson, 372 N.W.2d 804, 807 (Minn. Ct. App. Found inside â Page 133Data created or collected by law enforcement agencies , government data practices act , see § 13.82 . Definitions , see § 13.02 . Driving under influence or ... If a person requests access to data for the purpose of inspection only, the agency may not assess a charge or require the payment of a fee. Infectious disease and health epidemics, 3. The government entity continues to be responsible in making decisions about data classification. Any sessions regarding collective bargaining, 2. 2. Minn. Stat. Most reports and/or recommendations of court services personnel, including probation and parole reports, are generally not public. Minn. Stat. . 1. Because data are classified by data elements, whether data in the contractor’s hands are public or not public will depend on the type of data. The private party must fulfill data requests consistent with the time limits and copy cost requirements of the Data Practices Act (Advisory Opinion 10-024). Some statutes do address specific legislative records. No. a. § 13.41, subd. There is no provision in the law granting priority. The Minnesota Government Data Practices Act and Contested Case Hearings 13.9 Application of the Data Practices Act to Contested Cases. 1b has been added by Chapter 11, Article 3, Section 3. 1. Minnesota Housing is asking for information that is necessary for the administration and management of a State or Federal program to provide housing for low and moderate -income families. § 13D.04, subd. Helmberger v. Johnson Controls, Inc., 839 N.W.2d 527 (Minn. 2013). . 1. Minn. Stat. As these records are not considered "government data," they are not addressed under the Act. Minn. Stat. Minn. R. Civ. Purchase agreements for the sale of real and personal property are considered public data. 2007) and Department of Administration Opinions 95-045, 95-048, and 95-049 while some data in the Office of the Cass County Attorney is subject to the data practices, other elements are not. 1. 11. No court decisions mandate open or closed meetings separate from the Open Meeting Law. No. Minn. Stat.§ 13.072, subd. §§ 144.218, subd. 1(b). Minn. Stat. W H O ? Individuals may also monitor the meeting by electronic means if feasible. Records Management Statute - Minnesota Statutes, section 138.17. The only caveat to this general principle is that when a court is required to balance a benefit conferred upon the requester or the public against a potential harm created by the access, the court may consider the purpose of the request to be a factor in its decision. §§ 13.02, subd. Minn. Stat. § 99.37, which may include the student’s name, address, telephone number, date and place of birth, major field of study, etc. These advisory opinions discuss timeless in responding to data requests: Data Practices Office
A. After the legislature amended the Open Meeting Law to include civil penalties, the Supreme Court concluded that invalidation was not available. Interestingly, executive sessions of any governing body are treated no differently than a meeting of the entire body. Under Minn. Stat. The statute, now known as the Minnesota Government Data Practices Act ("MGDPA" or "the Act"), seeks to balance the public policy interests inherent in government transparency with the privacy interests of individual data subjects. If the agency acquires a patent to such software, the data is treated as non-public trade secret information pursuant to Minn. Stat. The term includes nonprofit community action agencies or nonprofit social services agencies that qualify for public funds or perform services under contract to the government. It establishes a presumption that government data are public and are accessible by the public for both inspection and copying unless . of Regents, 683 N.W.2d 274, 283 (Minn. 2004) (rejecting the University’s argument that its special status in the Minnesota Constitution rendered decisions by the Board of Regents beyond the Act). Text messages and other electronic messages. § 13.82, subd. 1(c). By implication, however, any regularly scheduled meeting, that is, one that is held at a regularly scheduled time and place, is a "regular" meeting. Id. Names and addresses submitted by applicants for professional licenses (other than the home addresses of applicants for peace officer licenses) are public data; all other data is private. § 179.69, subd.2, which has since been repealed and replaced with § 179A.14, subd. General knowledge of records or document management and of Minnesota official records laws. An aggrieved party may also seek a hearing with the Office of Administrative Hearings. . Unless the contract specifies otherwise, the government entity retains ultimate responsibility for responding even if the data are maintained by the private contractor (Advisory Opinions 09-022 and 09-003). Minnesota courts have held that arrest data must be public at all times and, unlike response or incident data, may not be withheld for any reason. Minn. Stat. § 13.32, subd. Arrest/search warrants and supporting affidavits, 4. 1(b). Jud. Administrative enforcement records (e.g., worker safety and health inspections, or accident investigations), E. Business records, financial data, trade secrets, L. Homeland security and anti-terrorism measures, 14. 3(c) and (d). The meeting must also be open at the request of the individual who is the subject of the meeting. ), that information is called "government data" under the Government Data Practices Act (Minnesota Statutes, Chapter 13). Government data is a term that means all data collected, created, § 13.02, subd. Alternatively, the requester may file a complaint with the Office of Administrative Hearings, seeking an order to compel compliance. The Minnesota Commissioner of Administration is authorized to issue written opinions on questions relating to public access to government data or disputes regarding government agencies’ data practices. § 243.05, subd. Minn. Stat. 3(a). That Advisory Opinion noted: “It seems reasonable that one-way communication between the chair and members of a public body is permissible, such as when the chair or staff sends meeting materials via email to all board members, as long as no discussion or decision-making ensues. In 1986, an Attorney General's Opinion stated that the Open Meeting Law does not apply to nonprofit corporations, even if they are funded primarily with public money, are appointed by public officials, and perform services exclusively for governmental units. 1(a). A separate statute relates to requests by the government for data in the control of financial institutions, and does not establish any public right of access. Athletic records are not specifically addressed under the Act. See Minn. Stat. The law itself does not require that a court expedite such a challenge. Economic development data are classified by a variety of statutes unrelated to the Act. The assumption is that such a suit will follow the Minnesota Rules of Civil Procedure. Minn. Stat. Meetings of a grand jury do not fall within the provisions of the Open Meeting Law. under certain statutes, F. Financial data, trade secrets, or proprietary data of private corporations and individuals, H. Grand jury testimony by public employees, J. Minn. Stat. 3(a). Minn. Stat. 1(a). § 13D.04, subd. Found inside â Page 91Minnesota Footnotes M - 1 ) Minn . Stats . Ch . 13 . M - 2 ) " Data Privacy : Everything You Wanted to Know About the Minnesota Government Data Practices ... Contains a series of recommendations and a review of the Minnesota Government Information Access Council (GIAC), created in 1994 for the purpose of improving public access to government information and to help government become more ... Star Tribune v. Board of Education, Special School Dist. Each government entity must prepare (1) an updated written data access policy; and (2) an updated policy addressing the rights of data subjects, by August 1 of each year. Is delay recognized as a denial for appeal purposes? Each public body may establish its own rules regarding procedure, 1156 15th St. NW, Suite 1020, Washington, D.C. 20005, © Reporters Committee for Freedom of the Press. 1985). 3(b). Minn. Stat. 2. b. Provisions for broad, vague, or burdensome requests, II. Minn. Stat. 3(b)), and meetings involving the proposed purchase or sale of real or personal property by the public body. 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