Minnesota Department of Administration Advisory Opinion Feed http://ipad.state.mn.us en-us Minnesota Policy Analysis Division http://ipad.state.mn.us/ui/logo1.gif http://ipad.state.mn.us MN IPAD:Advisory Opinion 12-002 2012-01-31 MN Information Policy Analysis Division /opinions/2012/12002.html Based on the facts and information provided, the Commissioner’s opinion on the issues Dr. Hartmann raised is as follows: 1. Pursuant to Minnesota Statutes, section 13.643, the following data in “animal test charts” that the Minnesota Board of Animal Health (BAH) maintains are private/nonpublic: the owner(s) name(s), signature(s) and address(es); the location of the premises where animals are kept (including county, township or district, section, farm number); and the identification number of the premises or the animal. 2. The Board may not release data in response to a request such as the following: “the type and identification numbers of animals located on John Doe’s premises, ID # 11111”. MN IPAD:Advisory Opinion 12-003 2012-01-31 MN Information Policy Analysis Division /opinions/2012/12003.html Based on the facts and information provided, the Commissioner’s opinion on the issue Ms. Rico raised is as follows: The City of Minneapolis did not comply with Minnesota Statutes, Chapter 13, by denying a November 15, 2011, request for access to the following data: dates of applications and dates of testing for all applicants for a certain City position. MN IPAD:Advisory Opinion 12-001 2012-01-12 MN Information Policy Analysis Division /opinions/2012/12001.html Based on the facts and information provided, the Commissioner’s opinion on the issue Ms. Kern raised is as follows: School District 47, Sauk Rapids-Rice, complied with Minnesota Statutes, Chapter 13D, when it broke up into discussion groups during a public meeting. MN IPAD:Advisory Opinion 11-018 2011-12-09 MN Information Policy Analysis Division /opinions/2011/11018.html It appears the data in question are classified either by Minnesota Statutes, sections 13.32 or 626.556, subdivision 11. It is also possible that some of the data are classified by Minnesota Statutes, section 13.43. If the data are private, the data subject has access to the data about him/her. If the data subject is a minor, his/her parent/guardian has access to the data. The identity of the mandated reporter is confidential. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-017 2011-11-23 MN Information Policy Analysis Division /opinions/2011/11017.html When the Dakota County Attorney’s Office collected fingerprints from an employee, it provided some components of a Tennessen Warning notice, but not all. Therefore, it complied, in part, and did not comply, in part, with Minnesota Statutes, Chapter 13. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-016 2011-11-07 MN Information Policy Analysis Division /opinions/2011/11016.html The City of Sauk Rapids did not comply with Minnesota Statutes, Chapter 13, and Minnesota Statutes, section 15.17, when it denied access to data about a private company the City used in determining whether to provide financial assistance to the company. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-015 2011-11-01 MN Information Policy Analysis Division /opinions/2011/11015.html A prosecutor’s office is not required to obtain a release of information signed by the victim prior to releasing data to that victim’s legal representative under Minnesota Statutes, section 13.82, subdivision 13. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-014 2011-10-21 MN Information Policy Analysis Division /opinions/2011/11014.html The City of Faribault did not comply with Minnesota Statutes, Chapter 13, in denying access to City score sheets of local softball games. Although the names of the players likely are private, the data subjects have implicitly given consent to release of their names and associated game data by participating in games that are open to the public. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-013 2011-09-30 MN Information Policy Analysis Division /opinions/2011/11013.html Pursuant to Minnesota Statutes, Chapter 13, the City of Hibbing may not provide access to the following data to a former employee: written informal complaints and observations about that former employee made by one or more City employees. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-012 2011-09-08 MN Information Policy Analysis Division /opinions/2011/11012.html The Dakota County Agricultural Society Board is subject to Minnesota Statutes, Chapter 13D. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-011 2011-06-29 MN Information Policy Analysis Division /opinions/2011/11011.html The City of Saint Paul may classify, in their entirety, architectural plans and other documents related to the construction of the PPMNS building as not public security information, pursuant to Minnesota Statutes, section 13.37, subdivision 1(a). Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-010 2011-06-27 MN Information Policy Analysis Division /opinions/2011/11010.html The Commissioner cannot determine whether the City of Red Wing complied with Minnesota Statutes, Chapter 13, in its redaction of certain data in the appraisal of Minnesota National Golf Links. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-009 2011-06-20 MN Information Policy Analysis Division /opinions/2011/11009.html The Commissioner cannot determine whether Special School District 1, Minneapolis, complied with Minnesota Statutes, Chapter 13, in its response to a request for the position study report of Dr. Schiller, and the compensation study report of Public Sector Personnel Consultants, Inc. (PSPC), because the parties disagree as to whether the District redacted any data from either report. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-008 2011-06-17 MN Information Policy Analysis Division /opinions/2011/11008.html Pursuant to Minnesota Statutes, sections 13.03, subdivision 11, and 13D.05, subdivision 1(b), Castle Rock Township could not have released X’s identity in an October 13, 2009, Board meeting unless the disclosure was related to a matter within the scope of the public body’s authority and was reasonably necessary to conduct the business or agenda item before the Board. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-006 2011-06-08 MN Information Policy Analysis Division /opinions/2011/11006.html 1.The email sent to an elected official from a member of the public is “government data” under Minnesota Statutes, Chapter 13. 2.See Number 1. 3.Pursuant to Minnesota Statutes, section 13.601, subdivision 2, the email is private data on both the individual who sent the email and the elected official to whom the individual sent the email. 4.The individual whom the email sender wrote about is not the subject of the email. S/he can get access only if the email sender or the board chair makes the email public. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-007 2011-06-08 MN Information Policy Analysis Division /opinions/2011/11007.html If a data requestor, who is not the subject of the data s/he requests, provides DNR with data about an individual registration owner that are private pursuant to Minnesota Statutes, section 84.0874, in this case name, address, and date of birth, DNR would not be in compliance with Minnesota Statutes, Chapter 13, if it releases registration data about that individual without a court order or informed consent. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-019 2011-06-08 MN Information Policy Analysis Division /opinions/2011/11019.html 1.The email sent to an elected official from a member of the public is “government data” under Minnesota Statutes, Chapter 13. 2.See Number 1. 3.Pursuant to Minnesota Statutes, section 13.601, subdivision 2, the email is private data on both the individual who sent the email and the elected official to whom the individual sent the email. 4.The individual whom the email sender wrote about is not the subject of the email. S/he can get access only if the email sender or the board chair makes the email public. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-005 2011-05-26 MN Information Policy Analysis Division /opinions/2011/11005.html Johnson Controls, Inc. (JCI) did not comply with Minnesota Statutes, Chapter 13, when it charged $3,900 for copies of government data related to a contract JCI has entered into with Independent School District 2142, St. Louis County. Johnson Controls, Inc. (JCI) did not comply with Minnesota Statutes, Chapter 13, in its response to a request for access to government data related to a contract JCI has entered into with Independent School District 2142, St. Louis County. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-004 2011-04-08 MN Information Policy Analysis Division /opinions/2011/11004.html The Olmsted County Regional Rail Authority Board did not comply with the notice requirements set forth in Minnesota Statutes, section 13D.04, in regards to its January 18, 2011. Votes the Olmsted County Regional Rail Authority Board took during its January 18, 2011, meeting are valid. Information Policy Analysis Division, Minnesota Department of Administration MN IPAD:Advisory Opinion 11-003 2011-03-10 MN Information Policy Analysis Division /opinions/2011/11003.html Pursuant to Minnesota Statutes, section 13.43, subdivision 15, School District 309, Park Rapids, has authority to disclose certain private data of which the former employee is the subject to the Hubbard County Attorney.  However, because neither the District principal nor the District’s investigator provided adequate Tennessen notices as required pursuant to Minnesota Statutes, section 13.04, subdivision 2, any data collected from the former employee of which s/he is the subject cannot be disclosed to the County Attorney unless the former employee has given informed consent or there is a court order.The District also can disclose certain private data about other District employees to the Hubbard County Attorney pursuant to section 13.43, subdivision 15. However, if the District’s investigator did not provide an adequate Tennessen notice, any data collected from those employees about them cannot be disclosed to the County Attorney unless the District obtains informed consent or there is a court order. Information Policy Analysis Division, Minnesota Department of Administration