JULY 2023

2023 Legislative Summary: Data Practices and Open Meetings

The following summaries highlight the changes made to Chapter 13 (Data Practices Act), Chapter 13D (Open Meeting Law), and other data practices related statutes during the 2023 Minnesota regular legislative session. Unless otherwise noted in the summaries, effective dates are July 1, 2023.

Click here to jump to the remainder of the newsletter covering policy updates, training, as well as Advisory Opinion and case law updates.

Data Practices

Minn. Stat. § 13.04, subd. 4 (Session Law ch. 62, art. 2, sec. 33)

Requiring responsible authority to inform individuals of right to appeal when determining data are accurate and complete after receiving a challenge. Permitting the Commissioner of Administration to dismiss data challenge appeals when the appeal is not timely, involves data that were previously presented as evidence in court, or the individual submitting the appeal is not the subject of the challenged data.

Minn. Stat. § 13.072, subd. 1 (Session Law ch. 52, art. 19, sec. 73)

Removing the $200 fee required to request an Open Meeting Law opinion from the Commissioner of Administration. Establishing that the Commissioner has to issue an opinion within 50 days, which codifies DPO's current practice.

Minn. Stat. § 13.204 (Session Law ch. 52, art. 19, sec. 74) (effective May 20, 2023)

Creating a new section classifying tax returns and bank account statements that individuals submit to a political subdivision to obtain a license as private or nonpublic data. Requiring political subdivisions to destroy these types of data within 90 days from the final decision on the license application.

Minn. Stat. § 13.32, subd. 3 (Session Law ch. 52, art. 19, sec. 75)

Authorizing schools to disclose a student's name, home address, telephone number, email address, or other personal contact information to a public library for the purposes of issuing a library card.

Minn. Stat. § 13.32, subd. 3 (Session Law ch. 55, art. 4, sec. 1)

Permitting schools and educational institutions to disclose educational data to federally recognized tribal nations about tribally-enrolled or descendant students to help support the student's educational attainment.

Minn. Stat. § 13.32, subd. 5 (Session Law ch. 52, art. 19, sec. 76) (effective May 20, 2023 regardless of whether data were previously identified as directory information)

Prohibiting schools from designating student's home addresses, telephone numbers, email addresses, or other personal contact information as directory information but allowing disclosure of contact information to the Minnesota Department of Education for federal reporting purposes. This provision does not apply to post-secondary institutions.

Minn. Stat. § 13.411 (Session Law ch. 63, art. 6, sec. 3)

Adding a cross-reference stating that data submitted to the Office of Cannabis Management for a license as well as data related to investigations and disciplinary processes are governed under section 342.20.

Minn. Stat. § 13.43, subd. 6 (Session Law ch. 53, art. 8, sec. 1)

Amending language to permit government entities to disclose personnel data to the Public Employment Relations Board.

Minn. Stat. § 13.43, subd. 6 (Session Law ch. 53, art. 11, sec. 1)

Amending language to require government entities to disclose personnel data (except Social Security numbers) to labor unions to the extent necessary to conduct elections, investigate and process grievances, and to implement the provisions of chapters 179 and 179A. Classifying the home addresses, personal phone numbers and email addresses, dates of birth, and communications between union representatives and members, prospective members, and nonmembers as private data.

Minn. Stat. § 13.46, subd. 2 (Session Law ch. 64, art. 7, sec. 1) (Effective for taxable years beginning after December 31, 2023.)

Permitting individual taxpayer identification numbers that are maintained as welfare data to be disclosed in specific situations.

Minn. Stat. § 13.46, subd. 4(b)(1)(iv) (Session Law ch. 70, art. 7, sec 1)

Amending language to remove "the reason for disqualification" from being public data when someone is denied a license issued by the Department of Human Services under section 245A.04 or is sanctioned under section 245A.07, which now makes the data private. Amending language to change classification of certain data related to requests for reconsideration of disqualification from public to private.

Minn. Stat. § 13.465, subd. 8 (Session Law ch. 70, art. 4, sec. 3)

Amending a cross-reference to indicate access to an original birth record of a person who has been adopted is governed under section 144.2252.

Minn. Stat. § 13.607 (Session Law ch. 34, art. 1, sec. 1)

Adding a cross-reference stating that data transferred to the Secretary of State about applicants who are determined to be ineligible to register to vote are governed under section 201.161.

Minn. Stat. § 13.643, subd. 6 (Session Law ch. 52, art. 19, sec. 77)

Exempting farmed deer premises location data collected and maintained by the Board of Animal Health from the applicable classifications under the subdivision.

Minn. Stat. § 13.69, subd. 1 (Session Law ch. 68, art. 4, sec. 3)

Classifying race and ethnicity data about driver's license and state identification card holders maintained by the Department of Public Safety as private. Authorizing the DPS Office of Traffic Safety to obtain race and ethnicity data from Driver and Vehicle Services for the purpose of research, evaluation, and public reports.

Minn. Stat. § 13.6905, subd. 36 (Session Law ch. 13, art. 2, sec. 1) (effective Aug. 1, 2023)

Adding a cross-reference stating that data related to noncompliant drivers' licenses or ID cards are governed under section 171.12, subd. 11.

Minn. Stat. § 13.6905, subd. 37 (Session Law ch. 68, art. 4, sec. 4)

Adding a cross-reference to section 219.055, subd. 9 regarding certain data on oil and other hazardous substances transported by railroads. Adding a cross reference to section 299A.55, subd. 5 regarding certain data on oil and other hazardous substances transportation incident reviews.

Minn. Stat. § 13.719, subd. 9 (Session Law ch. 59, art. 1, sec. 1)

Classifying data on applicants, family members, and employers that the Department of Employment and Economic Development maintain related to the family and medical insurance benefits programs under Chapter 268B as private or nonpublic. Authorizing data sharing among DEED, the Department of Labor and Industry, and Department of Commerce to meet Chapter 268B requirements and carry out enforcement authority.

Minn. Stat. § 13.72, subds. 19 & 20 (Session Law ch. 52, art. 19, secs. 78-79)

Classifying data that are collected by telephone or through a third-party software program for the purposes of booking and using public transit services as private. Classifying data on applicants and users of the Metropolitan Council's transit assistance programs as private data but permitting the Council to disclose data for purposes of coordinating human services programs or other support services.

Minn. Stat. § 13.825, subd. 2 & 3 (Session Law ch. 52, art. 10, secs. 1-2)

Permitting a deceased individual's next of kin, their legal representatives, and other parent of deceased's child with right to inspect body camera data documenting officers' use of force that caused the individual's death within five days of a request. A law enforcement agency may deny access if it would interfere with an active investigation, and the agency must provide a compelling reason for why access was denied to next of kin. Requiring law enforcement agencies to disclose body camera data (with permissible redactions) documenting a deadly use-of-force incident to the public within 14 days after the incident, unless the agency asserts disclosure would interfere with an ongoing investigation. Requiring law enforcement agencies to indefinitely retain body camera data that document officers' use of deadly force.

Minn. Stat. § 13.871, subd. 15 (Session Law ch. 63, art. 6, sec. 4)

Adding a cross-reference stating that data of the Cannabis Expungement Board are governed under section 609A.06, subd. 11.

Minn. Stat. § 3.979, subd. 3 (Session Law ch. 62, art. 2, sec. 25)

Updating definition of "audit" to include "assessment of an allegation or report submitted to the legislative auditor." Classifying data related to an audit as private or nonpublic when the Office of the Legislative Auditor decides to no longer actively pursue an audit and does not release a final audit report, with the exception of data about the audit's existence, status, and disposition and data that document the legislative auditor's work. Adding language to indicate data related to an audit that the OLA receives from a nongovernmental entity has the same classification of similar data that are obtained from government entities. Permitting OLA to disclose data, regardless of classification, to law enforcement or prosecuting authorities when auditor reasonably believes data are evidence of criminal activity in agency's or authority's jurisdiction. Allowing an individual or entity who supplies information for an audit to authorize the OLA to disclose identifying data, regardless of a confidential or protected nonpublic classification, for the purpose of conducting the audit.

Minn. Stat. § 48.591 (Session Law ch. 57, art. 3, sec. 12)

New section clarifying that data in a climate risk disclosure survey that certain banking institutions must provide to the Department of Commerce are public, except nonpublic trade secret data under section 13.37.

Minn. Stat. § 52.065 (Session Law ch. 57, art. 3, sec. 13)

New section clarifying that data in a climate risk disclosure survey that certain credit unions must provided to the Department of Commerce are public, except nonpublic trade secret data under section 13.37.

Minn. Stat. § 60A.08, subd. 15 (Session Law ch. 57, art. 2, sec. 1)

Classifying forms, rates, and related information filed with the Department of Commerce by insurers of residential properties that meet fortified program standards in order to comply with section 65A.298 as nonpublic data until the filing becomes effective.

Minn. Stat. § 62J.811 (Session Law ch. 70, art. 2, sec. 5)

Classifying data collected by the Department of Health as part of an active investigation or active compliance review into whether health care providers or facilities are complying with the "No Surprises Act" are protected nonpublic or confidential. Data describing the final disposition of an investigative or compliance review are public.

Minn. Stat. § 62U.04, subd. 5 (Session Law ch. 70, art. 2, sec. 36)

Amending language to also include a private classification for data collected from health plan companies, dental organizations, and third-party administrators by the Department of Health related to contracted prices with health care and dental care providers. Permitting data to be released or published for specific authorized purposes, notwithstanding not public classifications.

Minn. Stat. § 62U.04, subd. 5a (Session Law ch. 70, art. 2, sec. 37)

Classifying self-insured client data submitted by insurance third-party administrators to the Department of Health as private or nonpublic. Permitting MDH to create summary data derived from these nonpublic data.

Minn. Stat. § 62U.04, subd. 5b (Session Law ch. 70, art. 2, secs. 38, 40)

Classifying nonclaims-based payment data submitted by health plan companies and third-party administrators to the Department of Health as private or nonpublic. Permitting MDH to create summary data derived from these nonpublic data. Permitting MDH to disclose not public data to individuals or organizations for specific research or health care reform purposes while also limiting how recipients may use the data.

Minn. Stat. § 62U.04, subd. 11 (Session Law ch. 66, sec. 1) (effective August 1, 2023)

Permitting the Department of Health to use all-payer claims data to conduct analyses of the impact of health care transaction costs on health care costs, market consolidation, and quality pursuant to section 145D.01.

Minn. Stat. § 144.69 (Session Law ch. 70, art. 3, sec. 19)

Permitting the Department of Health to disclose certain private data about non-Minnesota residents maintained in the cancer reporting system to the nonresident's home state so long as the recipient state similarly protects the classified data. Permits MDH to provide data to the federal government so long as it excludes specific types of personally-identifiable data.

Minn. Stat. § 144.218, subds. 1 & 2 (Session Law ch. 70, art. 4, secs. 28-29)

Amending the classification of an original birth record from confidential to private when the state registrar issues a replacement vital record in the new name of an adopted person, and limiting the disclosure of the original record except pursuant to a court order or pursuant to section 144.2252. Amending the classification of certified copies of court findings and the order or decree of adoption, certificate of adoption, or decree issued under section 259.60 related to the adoption of individuals born in a foreign country from confidential to private.

Minn. Stat. § 144.2252 (Session Law ch. 70, art. 4, sec. 32)

Permitting individuals who were adopted and above the age of 18 to access their original birth records and evidence of adoption filed with the state registrar as well as a contact preference form, if attached to the record, when they have made a request in writing to the state registrar.

Minn. Stat. § 144.2253 (Session Law ch. 70, art. 4, sec. 33)

Classifying data contained in a contact preference form submitted by birth parents that is attached to an original birth record of an adopted individual as private, but the form may be disclosed pursuant to section 144.2252.

Minn. Stat. § 145D.01 (Session Law ch. 66, sec. 2) (effective May 27, 2023)

Permitting the Department of Health to provide the Attorney General's Office with any data, regardless of classification, related to healthcare market trends, impacts on prices and outcomes, public and population health, and health care access in order to assist the AGO's assessment of whether a large-scale health care entity merger or purchase is in the public interest. Clarifying that section 13.39 applies to data that a health care entity provides to MDH as part of the review process under section 145D.01.

Minn. Stat. § 145D.02 (Session Law ch. 66, sec. 3) (effective January 1, 2024)

Classifying data that the Department of Health receives related to specific medium-scale health care entity mergers or purchases as private or nonpublic data. Permitting MDH to share data with the Attorney General's Office to aid in the review of the transaction.

Minn. Stat. § 171.12 (Session Law ch. 13, art. 2, secs. 3-7) (effective August 1, 2023)

Classifying data about immigration status of individuals who have obtained noncompliant drivers licenses as private data. Creating several limitations and prohibitions on the disclosure and use of data related to noncompliant driver's licenses.

Minn. Stat. § 171.12, subd. 5c (Session Law ch. 68, art. 5, sec. 38)

Classifying caretaker data contained within an individual's driving record maintained by the Department of Public Safety as private, but data may be disclosed to notify cared-for individuals in an emergency.

Minn. Stat. § 201.161 (Session Law ch. 34, art. 1, sec. 9)

Classifying data about applicants who the Secretary of State determines are ineligible to vote after reviewing automatic voter registration applications as private.

Minn. Stat. § 206.845 (Session Law ch. 62, art. 4, sec. 118)

Clarifying that textual vote cast record data a municipal clerk or county auditor receives from an automatic tabulating machine is public, with the exception of specific types of data files that are classified as protected nonpublic.

Minn. Stat. § 219.055, subd. 9 (Session Law ch. 68, art. 4, sec. 73)

Classifying incident emergency response and preparedness data submitted to an emergency manager, incident commander, emergency first responder, fire chief, or the Department of Public Safety under the requirements of section 219.055 as nonpublic data. Classifying any prevention and response plan created under section 115E.042, subd. 6 that are maintained by an emergency manager, incident commander, emergency first responder, or fire chief as nonpublic.

Minn. Stat. § 223.25 (Session Law ch. 43, art. 2, sec. 132)

Classifying any portion of a grain buyer's books or records documenting collected grain indemnity premiums that are seized or copied by the Department of Agriculture as private or nonpublic, but data may be disclosed to aid in law enforcement process.

Minn. Stat. § 239.791, subd. 8 (Session Law ch. 57, art. 5, sec. 3)

Classifying data in reports submitted to the Department of Commerce about the gross number of gallons of intermediate blends of gasoline sold at retail as nonpublic data.

Minn. Stat. § 245C.03, subd. 1a (Session Law ch. 70, art. 7, sec. 6)

Classifying data obtained by the Department of Human Services for background studies conducted under this section as private.

Minn. Stat. § 245C.031, subd. 1 (Session Law ch. 70, art. 7, sec. 7)

Classifying data obtained by the Department of Human Services for alternative background studies conducted under this section as private.

Minn. Stat. § 245C.033 (Session Law ch. 70, art. 7, sec. 8)

New section governing the Department of Human Services' responses to requests made by a court under section 524.5-118 for maltreatment data and state licensing agency data. Classifying data related to maltreatment and state licensing agency checks as private.

Minn. Stat. § 245C.22, subd. 7 (Session Law ch. 70, art. 7, sec. 41)

Classifying the identity of individuals whose disqualifications from direct contact services under a licensed program that were set aside by the Department of Human Services as private. Classifying the identity of individuals whose disqualifications from a variance to a license holder that were set aside by DHS as private.

Minn. Stat. § 256B.4906 (Session Law ch. 61, art. 1, sec. 22)

Classifying individually identifiable data submitted to the Department of Human Services about individuals who are paid subminimum wages by home and community-based services for people with developmental disabilities or with disabilities as private.

Minn. Stat. § 256B.4912, subd. 1b (Session Law ch. 61, art. 2, sec. 24)

Classifying individually identifiable data in responses to a Department of Human Services annual workforce survey of direct care staff in certain service areas as private.

Minn. Stat. §§ 260.761, 260.765 & 260.771 (Session Law ch. 16, secs. 16, 20, & 27) (effective August 1, 2023)

Authorizing child-placing agencies to provide Tribal social services agencies with any data concerning an Indian child in specific placing circumstances. Permitting the child placing-agency or individual to require an agreement that the Tribal social services agency will adhere to applicable data practices statutory provisions when private or confidential data are shared.

Minn. Stat. § 260E.35, subd. 6 (Session Law ch. 70, art. 14, sec. 26)

Adding noncaregiver sex trafficking assessment cases as one of the types of maltreatment investigation records not accepted for assessment or investigation that must be retrained for at least five years after the date the report was not accepted for assessment or the final entry in the case record.

Minn. Stat. § 268.19, subd. 1 (Session Law ch. 61, art. 1, sec. 58)

Adding language permitting private or nonpublic data maintained under the administration of the Minnesota Unemployment Insurance Law to be disclosed without a data subject's consent to the the Department of Human Services for the purpose of evaluating medical assistance services and supporting program improvement.

Minn. Stat. § 273.1245, subd. 1 (Session Law ch. 64, art. 3, sec. 14) (Retroactively effective for homestead applications filed in 2023 and thereafter.)

Classifying individual taxpayer identification numbers that are submitted to a county or local assessor to support a claim for the property tax homestead classification or other property tax classification benefit as private or nonpublic data.

Minn. Stat. § 273.1315, subd. 2 (Session Law ch. 64, art. 7, sec. 1) (Retroactively effective for homestead applications filed in 2023 and thereafter.)

Classifying individual taxpayer identification numbers submitted to a county assessor as part of a class 1b homestead declaration as private data.

Minn. Stat. § 299A.55, subd. 5 (Session Law ch. 68, art. 4, sec. 81)

Classifying data related to post-incident reviews and analyses of rail carrier or pipeline company incidents that compel a significant response by the Department of Public Safety as nonpublic, with the exception of data contained in reports submitted to transportation and public safety policy and finance legislative committees.

Minn. Stat. § 307.08, subds. 5 & 11 (Session Law ch. 62, art. 2, sec. 108)

Deleting statutory language requiring the State Archaeologist to make burial ground geospatial data publicly available. Requiring approval of appropriate authority to use burial site data maintained by the State Archaeologist or Indian Affairs Council.

Minn. Stat. § 325E.21, subd. 4 (Session Law ch. 15, sec. 3) (effective August 1, 2023)

Classifying the names and addresses of scrap metal dealers maintained by the Department of Public Safety as public.

Minn. Stat. § 342.20 (Session Law ch. 63, art. 1, sec. 20)

Classifying data created, collected, or maintained by the newly-created Office of Cannabis Management. Specific data in cannabis or hemp business license applications are private or nonpublic while an application is pending, except for specific types of data that are public. All application data become public when a license is issued, but specific types of application data retain the nonpublic or private data classification. Data identifying customers of businesses and cannabis or hemp workers are private data. Data identifying a complainant making a report concerning a license or an applicant that appears in inactive investigative data are private. Data that are maintained or collected as part of an active investigation for the purposes of a pending civil legal action are governed according to section 13.39. The Office of Cannabis Management is prohibited from sharing nonpublic or private data or other data identifying individual applicants or licensees with federal officials unless ordered to do so by a court.

Minn. Stat. § 342.55 (Session Law ch. 63, art. 1, sec. 56)

Requiring health care practitioners to provide a Tennessen Warning prior to a patient enrolling in the Division of Medical Cannabis' patient registry program. Clarifying that data collected by health care practitioners about patients and reported to the registry program are health records and private data on individuals but may be used in non-identifiable, aggregate form as part of publication in research journals or to create summary data.

Minn. Stat. § 342.59 (Session Law ch. 63, art. 1, sec. 60)

Classifying patient health records maintained by the Office of Cannabis Management or the Division of Medical Cannabis as well as government data within patient health records maintained by a health care practitioner are private or nonpublic. Allowing data to be used for specific purposes while also prohibiting any other use of the data, including disclosing data to federal officials without a court order.

Minn. Stat. §§ 352B.102, 353.032 (Session Law ch. 48, secs. 10, 19)

Classifying health records collected as part of certain mental health services programs for peace officers and firefighters as private data and prohibits any disclosure of these records, including via discovery, search warrant, or subpoena.

Minn. Stat. § 473.387, subd. 4 (Session Law ch. 52, art. 19, sec. 80)

Clarifying that data about applicants and users of the Metropolitan Council's transit disadvantaged programs are private and governed under section 13.72, subd. 20.

Minn. Stat. § 609A.055, subd. 3 (Session Law ch. 63, art. 5, sec. 2)

Classifying data maintained by a government entity about individuals relating to their automatic expungements of certain cannabis criminal offenses as private.

Minn. Stat. § 609A.06, subds. 6, 11, & 12 (Session Law ch. 63, art. 5, sec. 3)

Creating requirements for meetings of the Cannabis Expungement Board. The Board may discuss not public data during open meetings, but the Board is required to assign anonymous, unique identifiers to each victim of a crime or person whose conviction or stay of adjudication is being discussed. Classifying identity data about a victim of a crime or person whose conviction or stay of adjudication that the Board reviews as private. Classifying data maintained by a government entity about individuals relating to the Board expunging their cannabis criminal offenses as private.

Minn. Stat. § 626.8457 (Session Law ch. 52, art. 10, secs. 16-17)

Adding subdivision requiring law enforcement agencies to disclose public and private data to Peace Officer Standards and Training (POST) Board upon request when the Board is investigating alleged police office misconduct. Requiring law enforcement to disclose confidential data when the Board specifies the particular data are necessary to fulfill it investigatory obligations within its regulatory authority. Permitting agencies to withhold data from the board in certain circumstances. Adding a subdivision granting officials at law enforcement agencies immunity from civil or criminal liability under Chapter 13 when disclosing data to the POST Board under section 626.8457 unless the official provided false information with intent of causing reputational harm to an officer.

Minn. Stat. § 626.8473 (Session Law ch. 52, art. 10, sec. 19)

Adding additional requirements for the types of information law enforcement agencies need to incorporate and must comply with in its written policies governing body cameras. New provisions include: Prohibitions on altering, erasing, or destroying body camera data or related metadata prior to expiration of applicable retention periods; body cameras must be worn at or above mid-line of officer's waist in a position to maximize recording; mandate that officers wear and operate body cameras in compliance with written policies when carrying out official law enforcement duties; and implement new requirements under section 13.825 regarding access to body camera data documenting the deadly use of force. Adding language granting authority to the Peace Officer Standards and Training (POST) Board to inspect state and local law enforcement agency's body camera policies to ensure compliance with section 626.8473. The POST Board may also sanction or seek injunctions against licensees or agencies that fail to comply with this section.

Minn. Stat. § 626.89 (Session Law ch. 52, art. 10, sec. 25)

Clarifying that the data local law enforcement civilian oversight councils collect, create, receive, maintain, or disseminate related to investigations of peace officers are personnel data governed under section 13.43.

MDE Office of the Inspector General (Session Law ch. 55, art. 12, sec. 12)

Establishing the Office of the Inspector General within the Department of Education. Authorizing the Office to access all program data, regardless of classification under Chapter 13, held by MDE, school districts or charter schools, grantees, and any other recipient of funds from MDE.

Department of Children, Youth, and Families (Session Law ch. 70, art. 12, sec. 29)

Authorizing data sharing among the Departments of Education, Human Services, Public Safety and the newly-created Department of Children, Youth and Families for the purposes of coordinating department activities and transferring services to the new agency. The shared data retain the same classification that applied at the originating entity. This section expires July 1, 2027.

Open Meeting Law

Minn. Stat. § 13D.02, subd. 1 (Session Law ch. 62, art. 3, sec. 1)

Deleting the limitation on local public body members being able to attend a meeting remotely from a location that is not publicly accessible after a health care professional advises against being in public places for medical reasons only to when there is a Chapter 12 emergency or in the 60 days immediately after the removal of the emergency.

Update Your Data Access Policies by August 1

Minnesota Statutes, section 13.025 requires all government entities subject to the Data Practices Act to create policies about access to public data as well as the rights of data subject. The law also requires government entities to review and update these policies by August 1 of each year.

This is our friendly reminder to data practices officials to review and update your entity's data access policies by the August 1 deadline. The Data Practices Office website has sample policies and a guidance worksheet to help you consider different factors to keep your policies up to date.

The Data Practices Office Has Moved!

The Data Practices Office has moved back to the Administration Building near the State Capitol as part of the Department of Administration's process to modernize its work environment.

Going forward, you can send any physical correspondence to the Data Practices Office at: 200 Administration Building, 50 Sherburne Avenue, Saint Paul, MN 55155.

You can also find the new address on our Contact Us webpage.

As always, the quickest way to get in touch with our office is by email at info.dpo@state.mn.us or by phone at 651-296-6733.

Upcoming Data Practices Trainings

Legislative Update & Data Practices Potpourri Webinar on July 13

The Data Practices Office will be offering a free webinar on Thursday, July 13 at 11 a.m. to highlight changes the Minnesota Legislature made to data practices statutes and the Open Meeting Law during the 2023 legislative session.

We will also discuss recent questions our office has received and hold a live Q&A session.

More information about this free webinar is available on our website, and you can view recordings of past webinars on our YouTube Channel.

Advisory Opinion Updates

Data Subject Requests

In Advisory Opinion 23-001, a data subject asked whether a joint powers entity responded appropriately to a data subject request when it did not provide responsive data within 10 business days. The Commissioner opined that the entity did not respond appropriately. She encouraged government entities to discuss the requirements of section 13.04 with contractors and IT personnel to ensure data subject requests are responded to within the required time frame.

Case Law Updates

1300 Nicollet, LLC v. County of Hennepin, A22-0671 (Minn., May 17, 2023)

Relator 1300 Nicollet, while appealing Hennepin County's valuations of its property to the Minnesota Tax Court, moved to compel discovery of assessor data on competitor properties, which were classified as private or nonpublic under Minnesota Statutes, section 13.51, subdivision 5. For not public data to be discoverable under section 13.03, subdivision 6, a court must find the data first to be discoverable under the appropriate court rules and then determine whether the benefit to the party seeking access to not public data outweighs any confidentiality interests the entity has in the data. Looking at the first point of analysis under section 13.03, subd. 6, the tax court determined data on competitor properties were not discoverable under the Minnesota Rules of Civil Procedures 26.02(b), finding that the benefit of releasing these not public data was marginal and did not outweigh the burden of disclosure on the County. A second smaller set of data, data that the county assessor used to complete his appraisal, were found to be discoverable. For these data, the tax court then reviewed the second part of the test outlined in section 13.03, subd. 6, to determine that the benefit to 1300 Nicollet in releasing these data outweighed the confidentiality interest of the other parties. This set of assessor data was provided to 1300 Nicollet.

1300 Nicollet then appealed the Minnesota Tax Court's determination that the larger set of assessor data on competitor properties were not discoverable. The Supreme Court considered whether the tax court abused its discretion in making the discovery determinations. 1300 Nicollet argued that the Supreme Court's decision in G&I IX OIC LLC v. County of Hennepin, 979 N.W.2d 52 (Minn. 2022), which discussed Minnesota Statutes, section 278.05, subdivision 3, compelled the tax court to mandate discovery of assessor records. The Supreme Court clarified that its decision in G&I merely "preclude[d] the tax court from denying discoverability solely because data are confidential or nonpublic." The balancing test to determine discoverability of not public data in section 13.03, subd. 6 still applies. The Supreme Court determined the tax court did not abuse its discretion when the lower court determined the data were not discoverable due to the proportionality of the request and permitted discovery of not public assessor data that were used in the appraisal. As a result, the Supreme Court affirmed the tax court's decision alongside an additional issue involving appraisal calculations.