1997 Minnesota Statutes

     13.072 Opinions by the commissioner. 

    Subdivision 1.    Opinion; when required.  (a) Upon 
 request of a state agency, statewide system, or political 
 subdivision, the commissioner may give a written opinion on any 
 question relating to public access to government data, rights of 
 subjects of data, or classification of data under this chapter 
 or other Minnesota statutes governing government data 
 practices.  Upon request of any person who disagrees with a 
 determination regarding data practices made by a state agency, 
 statewide system, or political subdivision, the commissioner may 
 give a written opinion regarding the person's rights as a 
 subject of government data or right to have access to government 
 data.  If the commissioner determines that no opinion will be 
 issued, the commissioner shall give the state agency, statewide 
 system, political subdivision, or person requesting the opinion 
 notice of the decision not to issue the opinion within five days 
 of receipt of the request.  If this notice is not given, the 
 commissioner shall issue an opinion within 20 days of receipt of 
 the request.  For good cause and upon written notice to the 
 person requesting the opinion, the commissioner may extend this 
 deadline for one additional 30-day period.  The notice must 
 state the reason for extending the deadline.  The state agency, 
 statewide system, or political subdivision must be provided a 
 reasonable opportunity to explain the reasons for its decision 
 regarding the data.  The commissioner or the state agency, 
 statewide system, or political subdivision may choose to give 
 notice to the subject of the data concerning the dispute 
 regarding the data. 

    (b) This section does not apply to a determination made by 
 the commissioner of health under section 13.38, subdivision 2, 
 paragraph (c), or 144.6581. 

    (c) A written opinion issued by the attorney general shall 
 take precedence over an opinion issued by the commissioner under 
 this section. 

    Subd. 2.    Effect.  Opinions issued by the commissioner 
 under this section are not binding on the state agency, 
 statewide system, or political subdivision whose data is the 
 subject of the opinion, but must be given deference by a court 
 in a proceeding involving the data.  The commissioner shall 
 arrange for public dissemination of opinions issued under this 
 section.  This section does not preclude a person from bringing 
 any other action under this chapter or other law in addition to 
 or instead of requesting a written opinion.  A state agency, 
 statewide system, political subdivision, or person that acts in 
 conformity with a written opinion of the commissioner is not 
 liable for compensatory or exemplary damages or awards of 
 attorneys fees in actions under section 13.08 or for a penalty 
 under section 13.09. 

    Subd. 3. Repealed, 1Sp1997 c 3 s 47 

    Subd. 4.    Data submitted to commissioner.  A state 
 agency, statewide system, or political subdivision may submit 
 not public data to the commissioner for the purpose of 
 requesting or responding to a person's request for an opinion.  
 Government data submitted to the commissioner by a state agency, 
 statewide system, or political subdivision or copies of 
 government data submitted by other persons have the same 
 classification as the data have when held by the state agency, 
 statewide system, or political subdivision.  If the nature of 
 the opinion is such that the release of the opinion would reveal 
 not public data, the commissioner may issue an opinion using 
 pseudonyms for individuals.  Data maintained by the 
 commissioner, in the record of an opinion issued using 
 pseudonyms that would reveal the identities of individuals 
 protected by the use of the pseudonyms, are private data on 
 individuals. 

    HIST: 1993 c 192 s 38,110; 1995 c 259 art 1 s 2,3,56