The Minnesota Government Data Practices Act

This chapter is intended only as a very basic and superficial overview of some of the more important provisions of the Minnesota Government Data Practices Act and should not be construed as legal advice. The MGDPA creates legal obligations and requirements on the governmental organizations and other individuals to whom the MGDPA applies. Failing to comply with any particular provision of the MGDPA, for example by releasing information that should not have been disclosed or by not releasing data to a person entitled to it, could result in monetary fines and penalties for the agency and criminal prosecution and job loss for the individual government workers responsible for not complying with the MGDPA. As many of the MGDPA's provisions can be described as unclear, complicated, and confusing, it is highly recommended that all issues pertaining to the receipt, classification, storage, use, and dissemination of in-formation be referred to the entity's Responsible Authority and legal counsel.

What is the Minnesota Government Data Practices Act?

The Minnesota Government Data Practices Act (MGDPA), Minn. Stat. § 13, is a state law that controls how government data are collected, created, stored (maintained), used and released (disseminated). The MGDPA sets out certain requirements relating to the right of the public to access government data and the rights of individuals who are the subjects of government data.

Briefly, the MGDPA regulates:

• What information can be collected
• Who may see or have the information
• Classification of specific types of government data
• Duties of government personnel in administering the provisions of the MGDPA
• Procedures for access to the information
• Procedures for classifying information
• Civil penalties for violation of the MGDPA
• Charging fees for copies of government data

The actual text of Minn. Stat. § 13, and Minn. R. 1205, the Rules Governing Data Practices as promulgated by the Minnesota Department of Administration, can be found online.

What are government data?

Government data is defined as "all data collected, created, received, maintained, or disseminated by any government entity regardless of its physical form, storage media, or conditions of use." Thus, as long as information is recorded or stored in some way by a government entity, they are government data, no matter what physical form they are in, or how they are stored or used. Government data may be stored on paper, in electronic form, on audio or videotape, on charts, maps, etc. Government data do not include mental impressions.

It is important to remember that government data are regulated at the level of individual items or elements of data. A document, record, or file contains many data elements.

Who must comply with the MGDPA?

The MGDPA applies to all data collected, created, received, maintained or disseminated by any government entity. The MGDPA defines "government entity" as "a state agency, statewide system, or political subdivision." The term "political subdivision," for purposes of the MGDPA, includes counties, cities, school districts, special districts, boards, commissions, and district; as well as authorities created by law, local ordinance or charter provision. State-level entities include the University of Minnesota and state-level offices, departments, commissions, officers, bureaus, divisions, boards, authorities, districts, and agencies.

Statewide systems are also subject to the MGDPA. A statewide system is any record keeping or data administering system that is established by federal law, state statute, administrative decision, or agreement, or joint powers agreement, and that is common to any combination of state agencies and/or political subdivisions.

Additionally, if a government entity enters a contractual arrangement with a private party to perform any governmental function, that private party is subject to the MGDPA with regards to any of the data created, collected, received, stored, used, maintained or disseminated in the performance of the agreement and must comply with the MGDPA as if it were a government entity.

What are the consequences for MGDPA noncompliance?

A government entity may be sued for violating any MGDPA provisions. An action to compel a government entity to comply with the MGDPA may be brought in either a Minnesota District Court or with the Minnesota Office of Administrative Hearings. A government entity found to be in violation may be ordered to comply with the MGDPA, pay a civil penalty up to $1,000, and pay the aggrieved person's costs and disbursements including attorney's fees. Additionally, the MGDPA provides criminal penalties, and disciplinary action including dismissal from public employment, for anyone who willfully (knowingly) violates a provision of the MGDPA.

Where can more information about the MGDPA be found?

The following sources may provide helpful information about the MGDPA and other data practices laws.

Local government associations may be consulted for information specific to data practices matters within their jurisdiction.

• Association of Minnesota Counties
• Minnesota County Intergovernmental Trust
• League of Minnesota Cities
• Minnesota School Boards Association
• Minnesota Association of County Officers
• Minnesota Police and Peace Officers Association

Additional information, educational resources, and assistance with data practices issues is available at: Minnesota Dept. of Administration: Data Practices Office.

Opinions issued by the Commissioner of Administration, pursuant to Minn. Stat. §13.072, are available on the IPAD website. Copies of individual opinions, an opinion summary, and an index to Commissioner's Opinions are available from IPAD upon request.

Definitions and classifications of data

The MGDPA establishes a system of data classifications that define, in general terms, who is legally authorized to access government data. This classification system is constructed from the definitions provided in Minn. Stat. §13.02. See also: Minn. R. 1205.0200.

Almost all government data are either data on individuals or data not on individuals. The MGDPA defines an "individual" as a natural person, and, in the case of a minor or incapacitated person, a parent or guardian. Thus, other legal entities such as corporations are not considered an "individual" for purposes of the MGDPA. "Data on individuals" is all government data in which any individual is or can be identified as the subject of that data. Data on individuals are classified as public, private, or confidential. In contrast, "Data not on individuals" is all government data which is not data on individuals, and are classified as public, nonpublic, or protected nonpublic. This classification system determines how government data are handled.

• Public data: Public data is accessible by anyone. The MGDPA provides that, unless specifically authorized by statute, a government entity may not require persons to identify themselves, state a reason for, or justify a request to gain access to public government data.
• Private data: Private data on individuals is data classified by statute or federal law as not public but accessible to the individual subject of that data.
• Confidential data: Confidential data on individuals is data made not public by statute or federal law and is inaccessible to the subject of that data.
• Nonpublic data: Nonpublic data is data not on individuals that a statute or federal law makes not accessible to the public but accessible to any subject of that data.
• Protected nonpublic data: Protected nonpublic data is data not on individuals which is both not public and not accessible to the subject of that data.

The MGDPA specifies that all government data is public unless a statute, a temporary classification issued by the Commissioner of Administration, or a federal law classifies the data as, with respect to data on individuals, private or confidential; or, in the case of data not on individuals, as nonpublic or protected nonpublic. In this regard: