Minnesota DPA/FOIA requests

This is a set of links, instructions, and notes about making requests for data under the Data Practices Act (DPA), also referred to as the Government Data Practices Act (GDPA) or Minnesota Government Data Practices Act (MGDPA). On the federal level, similar laws are known as the Freedom of Information Act (FOIA).

Important Links

• State statutes and administrative rules
  • Minn. Stat. Ch. 13 — Data Practices Act
  • Minn. Stat. Ch. 13D — Open Meeting Law
  • Minn. Stat. § 15.17 — Official records
  • Minn. Stat. § 138.17 — Government records; administration
  • Minn. Rule Ch. 1205 — Data Practices administrative rules
• Legislative Briefs and Research
  • MN House of Legislature Manual (last updated July 2010)
• Minnesota Department of Administration — Information Policy Analysis Division (IPAD) "IPAD provides assistance and advice concerning Minnesota's public access laws to members of the public and government."
  • IPAD Homepage
  • IPAD Data Practices Advisory Opinions, by topic
  • IPAD Data Practices Advisory Opinions, by year
  • IPAD Website full text search
  • IPAD Requesting Information guide
• Third-Party Resources
  • Sunshine Review entry on MN

Understanding the Minnesota Government Data Practices Act

Overall, the law states that records are open unless otherwise specified by state or federal law, or by temporary classification. Do keep in mind that there are 100's of exceptions in the law. So, in general the burden is on the government or agency to show why information can be legally withheld. The majority of potential data types can be found by browsing Chapter 13 of Minnesota Statutes.

There is no requirement that a data requestor be a Minnesota resident or even a United States citizen. There is no requirement that a data requestor identify themselves beyond providing a reasonable contact method to be reached at.

Noteable parts

• Under Minn. Stat. § 13.025, subd. 1, an agency's Responsible Authority must maintain a data inventory which should detail the private data collected. "The responsible authority shall prepare an inventory containing the authority's name, title, address, and a description of each category of record, file, or process relating to private or confidential data on individuals maintained by the authority's government entity." Data inventories are a new requirement in 2012, so many government agencies may have not prepared them.
• Under Minn. Stat. § 13.025, subd. 2, an agency's Responsible Authority must prepare a written data access policy and update it annually. This document must list the name of the Responsible Authority and designees, and the agency's Data Practices Compliance Official, in addition to outlining procedures that "impact the public's ability to access data."
• Under Minn. Stat. § 13.03, subd. 3, anyone can request to inspect data (rather than request copies of it) without being required to pay. Inspection applies to visual inspection of the data, and data that is available remotely in a digital format. State law is vague and contradictory as to whether inspection applies to receiving a data file.
• Under Minn. Stat. § 13.06, a responsible authority at a government agency can request a temporary classification from the Minnesota Commissioner of Administration, which makes it automatically non-public for up to 45 days until the Commissioner makes a determination. If the commissioner approves the temporary classification, it is only valid for one legislative cycle for the legislature to act on and codify into law.
• Government agencies must honor standing requests for data; that is, a request that is ongoing and requires the agency to send new information to a data requestor as it becomes available. This is not codified as a specific statute, but has been found to be a requirement by the Commisioner of Administration in 2004.
• The DPA does not apply to:
  • State Legislature (see IPAD presentation (law link needed)
  • Certain Townships (see IPAD presentation (link needed)
  • The Judiciary, including all state courts (see Minn. Stat. § 13.90)

Writing a data request letter

There is no guarantee that the templates or advice given here will produce the data that you request. But hopefully it will help get you started.

Examples

• dataset-request-letter-mn.md: A letter for a specific dataset from an agency in Minnesota.
• data-inventory-request-mn.md: A letter to request the data inventory from an agency in Minnesota.

General Examples

• National Freedom of Information Coalition (NFOIC) letter
• Reporters Committee for Freedom of the Press (RCFP) form

Case Law

• (Case law citations needed)

Specific governments and agencies

• City of Minneapolis
  • Data Practices/Public Access Procedure, direct MS Word doc.
  • Data Charges Procedure for Public Access to Public Data.
• City of St. Paul
  • Data Practics Act page
  • General email for city, though the request will probably be re-routed to the correspending department: cityclerk@ci.stpaul.mn.us
  • Guideline and Procedures for the Data Practices Act (MS Word doc).
• Metropolitan Council
  • Data Access Procedures (PDF)
  • The document outlines data practices contacts for each department, so it is difficult to know who to email about requests.
• Hennepin County
  • Data Practices Act page
  • They actually provide a DPA form (MS Word doc) to fill out to make a DPA request. It is fairly basic and does not go into detail about electronic format, so it may not be worth using.
  • List of Responsible Authorities and their contact info.
• Minnesota Department of Public Safety
  • Bureau of Criminal Apprehension Data Inventory
  • DPS Public Access Procedures

Disclaimer

The information contained herein is for general informational purposes only and does not constitute legal advice or a substitute for legal counsel. No attorney-client relationship is created. This information is provided "AS-IS" and without warranty. Laws and court opinions of those laws change frequently.