HomeMy WebLinkAbout5F Data Practices Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: OCTOBER 16, 2017
AGENDA #: 5F
PREPARED BY: LORI OLSON, ASSISTANT CITY MANAGER
PRESENTED BY: LORI OLSON, ASSISTANT CITY MANAGER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION UPDATING THE CITY OF
PRIOR LAKE DATA PRACTICES POLICY AND APPOINTMENT OF
ASSISTANT CITY MANAGER AS RESPONSIBLE AUTHORITY AND
CITY MANAGER AS COMPLIANCE OFFICIAL
DISCUSSION: Introduction
The Minnesota Government Data Practices Act (MGDPA) is a series of
state laws that regulates how cities and other public entities manage data
and information. Government data is defined as “all data collected, created,
received, maintained, or disseminated” by a covered governmental entity
“regardless of physical form, storage media, or conditions of use.” All
information maintained by the city is public unless it is classified by state or
federal law as nonpublic or protected nonpublic, or with respect to data on
individuals, as private or confidential.
Minnesota Statutes require government entities to prepare written policies
that relate to public access to government data and the rights of subjects of
data. Statutes also requires entities to establish procedures to ensure that
data requests are complied with appropriately and promptly.
State statutes require that the city appoint one person as the Responsible
Authority to administer MGDPA requirements, including those for the
collection, storage, use and dissemination of data. In addition, statutes
require the city appoint one person as the Compliance Official to address
concerns or problems in obtaining access to data.
This council item seeks approval of the updated City of Prior Lake Data
Practices Policy and the appointment of City Manager, Frank Boyles, as
the Compliance Official and the Assistant City Manager, Lori Olson, as the
Responsible Authority.
Current Circumstances
The City of Prior Lake’s most recent Data Practices Policy was approved in
2015. City staff and the city attorney have updated the existing policy using
the Minnesota Department of Administration’s sample policy for
compliance with all of the requirements set forth above.
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Conclusion
The Council should consider approving the updated City of Prior Lake Data
Practices Policy and the appointment of City Manager, Frank Boyles, as
the Compliance Official and the Assistant City Manager, Lori Olson, as the
Responsible Authority. The policy and related forms and contact
information will be placed on the city’s website upon approval of this item.
FINANCIAL
IMPACT:
No financial impact.
ALTERNATIVES: 1) Motion and second as part of the consent agenda to adopt a
resolution updating the City of Prior Lake Data Practices Policy and
appoint City Manager, Frank Boyles, as the Compliance Official and
Assistant City Manager, Lori Olson as the Responsible Authority.
2) Motion and second to remove this item from the consent agenda for
additional discussion
RECOMMENDED
MOTION:
Alternative 1.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
A RESOLUTION ADOPTING THE UPDATED DATA PRACTICES POLICY AS PROPOSED
AND APPOINTING THE CITY MANAGER AS COMPLIANCE OFFICIAL AND THE
ASSISTANT CITY MANAGER AS RESPONSIBLE AUTHORITY
Motion By: Second By:
WHEREAS, Minnesota Statutes, section 13.025, Subdivisions 2 and 3, require government
entities to prepare written policies that relate to public access to government data;
and
WHEREAS, Minnesota Statutes, section 13.03, Subdivision 2, requires government entities to
establish procedures so that data request are complied with appropriately and
promptly; and
WHEREAS, Minnesota Statutes, section 13.05, Subdivision 5, requires government entities to
establish data security safeguards; and
WHEREAS, Minnesota Statutes, section 138.17, Subdivision 1, requires government entities to
adopt a retention schedule to address retention and destruction of government
records; and
WHEREAS, The Council has reviewed the proposed Data Practices Policy provided by Staff
and the City Attorney to comply with state requirements for public access, proper
procedures, security and data retention as well as other statutory requirements;
and
WHEREAS, Minnesota Statutes, section 13.02, Subdivision 13, requires that the City of Prior
Lake appoint one person as the Compliance Official to address concerns or
problems in obtaining access to data; and
WHEREAS, Minnesota Statutes, section 13.05, Subdivision 16, requires that the City of Prior
Lake appoint one person as the Responsible Authority to administer the
requirements for the collection, storage, use and dissemination of data within the
City; and
WHEREAS, The proposed updated Data Practices Policy includes an inventory of all private or
confidential data as required by Minnesota Statutes, section 13.025 and designates
several Responsible Authority designees. The inventory and designee list will need
to be updated from time to time by the Responsible Authority.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The proposed updated Data Practices Policy is hereby adopted as attached.
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3.Lori Olson, Assistant City Manager, is appointed as the City’s Responsibly Authority.
4.Frank Boyles, City Manager, is appointed as the City’s Compliance Official.
5.The Responsible Authority is authorized to update the designee list and the private and
confidential data inventory as appropriate.
6.The complete Data Practices Policy will be available to the public on the City of Prior Lake
Website upon approval of this item.
Passed and adopted by the Prior Lake City Council this 16th day of October 2017
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐☐ ☐ ☐ ☐
Absent ☐☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
Data Practices Policy
Updated: October 16, 2017
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Government Data
The Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all “government data” are public
unless a state or federal law says the data are not public. “Government data” means all recorded information
a government entity has collected, created, received, maintained or disseminated, including paper, email,
flash drives, CDs, DVDs, photographs, etc. Government Data is categorized as follows:
Data on individuals or decedents: All government data in which any individual or decedent is or can be
identified as the subject of that data, unless the appearance of the name or other identifying data can be
clearly demonstrated to be only incidental to the data and the data are not accessed by the name or other
identifying data of any individual or decedent.
• Public data are any data not classified as private or confidential. Public data are accessible to anyone
upon request.
• Private data are any data expressly classified as private. Private data are accessible only to the subject
of the data; City officials or employees whose work assignments reasonably require access; outside
entities or agencies authorized by law; and entities or individuals given access by express written
direction of the subject of the data.
• Confidential data are any data expressly classified as confidential. Confidential data are accessible
only to City officials or employees whose work assignments reasonably require access; and outside
entities or agencies authorized by law. Confidential data are not accessible to the data subject.
Data not on individuals: All government data that is not data on individuals. Data not on individuals includes
data on corporations, partnerships and other organizations and entities.
• Public data are any data not classified as nonpublic or protected nonpublic. Public data are accessible
to anyone upon request.
• Nonpublic data are any data expressly classified as nonpublic. Nonpublic data are accessible only to
the subject of the data; City officials or employees whose work assignments reasonably require
access; outside entities or agencies authorized by law; and entities or individuals given access by
express written direction of the subject of the data.
• Protected Nonpublic data are any data expressly classified as protected nonpublic. Protected
Nonpublic data are accessible only to City officials or employees whose work assignments reasonably
require access; and outside entities or agencies authorized by law. Protected Nonpublic data are not
accessible to the data subject.
Your Data
When we ask you to provide data about yourself that are not public, we must give you a notice called a
Tennessen warning. The notice includes the purpose and intended use of the requested data, whether you
can refuse to supply the requested data, any known consequences from supplying or refusing to supply the
data, and the identity of other persons authorized to receive the data. The notice controls what we do with
the data that we collect from you. Usually, we can use and release the data only in the ways described in the
notice.
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We will ask for your written permission if we need to use or release private data about you in a different way,
or if you ask us to release the data to another person. This permission is called informed consent.
You have the right to challenge the accuracy and/or completeness of data about you. You also have the right
to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you.
Your Right to Access Government Data
The Data Practices Act requires that the City keep all government data in a way that makes it easy for you to
access. You have the right to look at (inspect), free of charge, all public data and private data that you are the
subject of. You also have the right to get copies of this data, but the City will charge for copies.
How to Request Government Data
The City requires that all requests for data be submitted in writing on the “Data Request Form” attached to
this policy. This form may be emailed, mailed or delivered in person to the Responsible Authority, except that
requests for Police Department related data shall be submitted to the Responsible Authority Designee for
the Police Department (contact information is provided below).
Please be as specific as possible about what data you are seeking to help facilitate the request.
If you are requesting public data you are not required to identify yourself or explain the reason for your data
request. However, you may need to provide the City with some personal information for practical reasons
(for example, you need to provide us with an address or P.O Box if you want us to mail it to you). If we do not
understand your request and have no way to contact you, we cannot respond to your request.
If you are requesting private or nonpublic data as the data subject or the data subject’s parent or guardian,
you must provide proof of your identity and relationship to the minor if applicable. If you do not provide this
proof, we cannot respond to your request.
How We Will Respond to Your Data Request
Upon receiving your request, we will review it. We may ask you to clarify what data you are requesting.
• If we do not have the data, we will notify you in writing as soon as reasonably possible.
• If we have the data, but we are not allowed to give it to you, we will notify you as soon as reasonably
possible and identify the law that prevents us from providing the data.
• If we have the data, and we are allowed to give it to you, we will respond to your request by doing
one of the following:
o Arranging a date, time, and place for you to inspect the data at our offices; or
o Notifying you that you may pick up your copies, or we will mail or email them to you. We will
provide electronic copies (such as email or CD-ROM) upon request, if we keep the data in
that format and we can reasonably make a copy.
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If you are the subject of the data we will provide you with the requested data within 10 business days. After
we have provided you with your requested data, we do not have to provide the same data again for 6 months
unless there is a dispute about the data or we collect or create new data about you.
If you are not the subject of the data we will provide you with the requested data in an appropriate and
prompt manner and within a reasonable amount of time.
Response time may be impacted by the size and/or complexity of your request, and also by the number of
requests you make in a given period of time. If you ask we will provide you with the estimated cost of your
data request before completing the request to confirm you wish to proceed. In some cases, the Ci ty may
require pre-payment or may provide the data in phases. If the City deems pre-payment or a phased response
appropriate we will notify you as soon as reasonably possible.
If you do not respond to our questions or notices or if you do not make arrangements to inspect or retrieve
the data within 10 business days, we will conclude that you no longer want the data and will consider your
request closed.
If you do not understand some of the data (technical terminology, abbreviations, or acronyms), pleas e tell
the person who provided the data to you. We will give you an explanation if you ask.
The Data Practices Act does not require us to create or collect new data in response to a data request, or to
provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. For
example, if the data you request are on paper only, we are not required to create electronic documents to
respond to your request. If we agree to create data in response to your request, we will work with you on
the details of your request, including cost and response time.
We are also not required to respond to questions that are not about your data requests or questions that are
not requests for data.
Requests for Summary Data
Summary data are statistical records or reports created by removing identifying information about individuals
from private or confidential data. You may use the data request form to request summary data. We will
respond to your request as soon as reasonably possible with the data, details of when the data will be ready
and how much we will charge you, or that the data will not be provided and the reasons why providing the
data would compromise the private or confidential data. The City may require pre-payment for the cost of
creating the data.
Requests for Private Data about Minor Children
As a parent, you have the right to request public and private data about your minor children (under the age
of 18). As a legally appointed guardian, you have the right to request public and private data about an
individual for whom you are appointed guardian.
However, minors have the right to ask us not to give data about them to their parent or guardian. If you are
a minor, we will tell you that you have this right. We will ask you to put your request in writing and to include
the reasons that we should deny your parents or guardians access to the data. We will make the final decision
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about your request based on your best interests. In determining the best interest of the minor, the City will
consider:
• Whether the minor is of sufficient age and maturity to be able to explain the reasons for and to
understand the consequences of the request to deny access;
• Whether the personal situation of the minor is such that denying parental access may protect the
minor data subject from physical or emotional harm;
• Whether there is ground for believing that the minor data subject's reasons for precluding parental
access are reasonably accurate;
• Whether the data in question is of such a nature that disclosure of it to the parent could lead to
physical or emotional harm to the minor data subject; and
• Whether the data concerns medical, dental, or other health services provided pursuant to Minnesota
Statutes, sections 144.341 to 144.347. If so, the data may be released only if failure to inform the
parent would seriously jeopardize the health of the minor.
The City may also deny parental access without a request from the minor under applicable state or federal
law.
Copy Costs
There is no charge or fee for the inspection of data. There may be charges or fees for copies of physical or
electronic data. The City may require pre-payment of allowable costs associated with your data request
before releasing the data to you. The City will not charge you for costs related to separating public data from
not public data.
Public Data - For 100 or fewer paper copies – 25 cents per page
100 or fewer pages of black and white, letter or legal size paper copies cost 25¢ for a one-sided copy, or 50¢
for a two-sided copy. The City does not charge for copies if the cost is less than $10.00. Multiple requests
within the same 15 business day period will be treated as a single request for the purposes of calculating
whether the minimum of $10.00 is met. (Not applicable for requests in which you are the subject of the data.)
Data Subject – actual cost
If you are the subject of the requested data, the City will charge you the actual cost of making the copies or
electronically sending the data. The rate charged will be the actual hourly rate of the employee performing
the work. If based on your request, we find it necessary for a higher-paid employee to provide the data, we
will calculate the charges at the higher wage. All time will be charged based upon 15 minute increments.
Responses under 15 minutes will not be charged.
In determining the actual cost of making copies, we include employee time, the cost of the materials onto
which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies
of data that we cannot copy ourselves, such as photographs, we will charge you the actual cost we must pay
an outside vendor for the copies.
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Most other types of copies – actual cost
The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of
searching for and retrieving the data, and making the copies or electronically sending the data.
The rate charged will be the actual hourly rate of the employee performing the work. If based on your
request, we find it necessary for a higher-paid employee to search for and retrieve the data, we will calculate
search and retrieval charges at the higher wage. All time will be charged based upon 15 minute increments.
Searches under 15 minutes will not be charged.
In determining the actual cost of making copies, we include employee time, the cost of the materials onto
which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies
of data that we cannot copy ourselves, such as photographs, we will charge you the actual cost we must pay
an outside vendor for the copies.
CD Rom, Flash Drives, Thumb Drives or other information storage devices – $5.00 per implement
The City will not allow requestors to provide their own storage devices. Requestor must accept and pay for
the implement provided by the City to fulfill the data request. The City will not allow you to use your own
implement on City equipment.
Data Protection
Accuracy of Data
All employees will be requested to provide updated personal information to the appropriate supervisor and
Human Resources. The information is necessary for tax purposes, insurance coverage, emergency
notifications, and other personnel purposes. Other people who provide private or confidential data to the
City will also be encouraged to provide updated information when appropriate.
Department heads should periodically review forms used to collect data on individuals to delete items that
are not necessary and to clarify items that may be ambiguous.
All records must be disposed of according to the City’s records retention schedule.
Data Safeguards
Not public data will be stored in files or databases which are not readily accessible to individuals who do not
have authorized access and which will be secured during hours when the offices are closed.
Not public data must be kept only in City offices, except when necessary for City business.
Only those employees whose job responsibilities require them to have access will be allowed access to files
and records that contain not public data. These employees will be instructed to:
• not discuss, disclose or otherwise release not public data to City employees whose job responsibilities
do not require access to the data;
• not leave not public data where non-authorized individuals might see it; and
• shred not public data before discarding, or dispose through confidential locked recycling.
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When a contract with an outside party requires access to not public data, the contracting party will be
required to use and disseminate the data consistent with the Act.
Data Retention
The City retains and destroys government data pursuant to the General Records Retention Schedule for
Minnesota Cities as approved and as may be amended from time to time by the Minnesota Records
Disposition Panel. The schedule can be located online from the Municipal Clerks and Finance Officers
Association of Minnesota at http://www.mcfoa.org/ or the Minnesota Historical Society at
http://www.mnhs.org/preserve/records/retentionsched.php. Any City specific amendmets to the schedule
will be attached to this policy.
Data Inventory
An inventory of the private and confidential data on individuals maintained by the City is attached to this
policy. The inventory includes the type of data, the designee responsible for each type of data, and the
statutory cite which classifies the data as private or confidential. This inventory will be updated by the
Responsible Authority as appropriate.
State Law
This policy is subject to the Minnesota Data Practices Act in Minnesota Statutes Chapter 13 and the related
rules in Minnesota Rules Chapter 1205.
Data Practices Contacts
The data practices Responsible Authority is the designated City employee who is responsible for the
collection, use, and dissemination of government data. The data practices compliance official is the
designated City employee to whom persons may direct questions or concerns regarding problems in
obtaining access to data or other data practices problems. The data practices designees are designated City
employees who are in charge of individual files or systems containing government data and receive and
comply with requests for government data.
Title Name Address Phone # Email Address
Submit Requests to:
Responsible
Authority
Lori Olson, Assistant
City Manager
4646 DAKOTA
STREET SE, PRIOR
LAKE, MN 55372
952-447-9802 lolson@cityofpriorlake.
com
Submit Police Department Related Requests to:
Designee for
the Police
Department
Jennifer Bisek, Records
Supervisor
4649 DAKOTA
STREET SE, PRIOR
LAKE, MN 55372
952-447-9860 jbisek@pd.cityofpriorla
ke.com
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Submit Complaints to:
Compliance
Official
Frank Boyles, City
Manager
4646 DAKOTA
STREET SE, PRIOR
LAKE, MN 55372
952-447-9800 fboyles@cityofpriorlak
e.com
Other’s that may be directed to handle requests by the Responsible Authority:
Designee Janet Ringberg,
Accounting Specialist
4646 DAKOTA
STREET SE, PRIOR
LAKE, MN 55372
952-447-9040 jringberg@cityofpriorla
ke.com
Designee Casey McCabe,
Community
Development Director
4646 DAKOTA
STREET SE, PRIOR
LAKE, MN 55372
952-447-9815 cmccabe@cityofpriorla
ke.com
Designee Jason Wedel, Public
Works Director
4646 DAKOTA
STREET SE, PRIOR
LAKE, MN 55372
952-447-9890 jwedel@cityofpriorlake
.com
Designee Cathy Erickson,
Finance Director
4646 DAKOTA
STREET SE, PRIOR
LAKE, MN 55372
952-447-9842 cerickson@cityofpriorla
ke.com
Designee Jacinta Heinzmann,
Records Specialist
4649 DAKOTA
STREET SE, PRIOR
LAKE, MN 55372
952-447-9857 jheinzmann@pd.cityof
priorlake.com
Designee Shonda Sauter,
Records Specialist
4649 DAKOTA
STREET SE, PRIOR
LAKE, MN 55372
952-447-9784 ssauter@pd.cityofpriorl
ake.com
Designee Diana Schuetz,
Records Specialist
4649 DAKOTA
STREET SE, PRIOR
LAKE, MN 55372
952-447-9859 dschuetz@pd.cityofpri
orlake.com
Designee Cassie Satele, Records
Specialist
4649 DAKOTA
STREET SE, PRIOR
LAKE, MN 55372
952-447-9858 csatele@pd.cityofpriorl
ake.com
Data Request Form
REQUESTER COMPLETE Items 1-7
1. DATE OF REQUEST
2. REQUESTER NAME (Last, First, Middle)
REQUESTER NOTES:
A. Identification is not required for public data; Contact
information is required for us to be able to provide
the requested data.
B. Identification is required for release of private or
nonpublic data.
C. You must have the complete name and date of birth
if you are requesting a background check on an
individual.
D. Disclosure of information depends on the data
requested and the status of any related case or
investigation.
E. The City may require pre-payment or may provide a
phased response depending on the request.
3. ADDRESS
4. PHONE
Home #
Cell #
5. FAX # (if applicable)
6. DESCRIPTION OF DATA REQUESTED Inspection Copies Both inspection and copies
7. SIGNATURE
To Be filled out by the City:
REQUEST TYPE:
In-person Mail Phone
REQUESTED BY:
Subject of data Not Subject of data
DATA REQUESTED IS CLASSIFIED:
Public Private/Nonpublic Confidential/Protected Nonpublic
RESPONSE (provide notes for checked boxes)
Clarification Requested:_______________________________________________________
Pre-payment: _______________________________________________________________
Estimated Cost: _____________________________________________________________
Phased Response:____________________________________________________________
REQUEST
Approved Denied Approved in Part (explain in REMARKS)
REQUEST HANDLED BY:
REMARKS:
Not Public Data Has Been Removed.
Mailed ____________________________
Faxed _____________________________
In Person __________________________
ADDITIONAL REMARKS:
PAYMENT DUE:__________________________________ PAYMENT RECEIVED:________________________________
Data Inventory
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DATA MAINTAINED BY CITY OF PRIOR LAKE CLASSIFIED AS NOT PUBLIC
Certain employees on an as needed basis as part of specific work assigments may have access to one or more of the following records.
Personnel Data (Private) Minn. Stat. § 13.43
All data about an individual who is employed as, or an applicant for employment as, an undercover law
officer is private data.
The following personnel data on current and former employees, applicants for employment, volunteers,
independent contractors, or members or applicants for an advisory board or commission, are public data:
o Name
o Employee identification number (which must not be employee Social Security number)
o Actual gross salary
o Salary range
o Contract fees
o Bargaining unit
o Actual gross pension
o Value and nature of employer paid fringe benefits
o Basis for and amount of added remuneration, including expense reimbursement
o Job title
o Job description
o Education and training background
o Previous work experience
o Date of first and last employment
o The existence and status (but not nature) of any complaints or charges against the employee,
whether or not resulting in discipline
o Final disposition of any disciplinary action, with specific reasons for the action and data
documenting the basis of the action, excluding data that would identify confidential sources who
are employees
o Terms of any agreement settling any dispute arising from the employment relationship, including a
“buyout” agreement
o Work location
o Work telephone number
o Badge number
o Honors and awards received
o Payroll time sheet or other comparable data that are only used to account for employee’s work
time for payroll purposes, except to the extent that release of time sheet data would reveal the
employee’s reasons for the use of medical leave or other not public data
o Names and home addresses of applicants for appointments to and members of an advisory board
or commission
o Financial disclosure statements of elected or appointed officials
If it is necessary to protect an employee from harm to self or to protect another person who may be
harmed by the employee, information that is relevant to the safety concerns may be released to (1) the
person who may be harmed or to the person’s attorney when relevant to obtaining a restraining order, (2)
Data Inventory
11
a pre-petition screening team in the commitment process, or (3) a court, law enforcement agency or
prosecuting authority.
Applicant Data (Private) Minn. Stat. § 13.43, Subd. 4
Data about current and former applicants for employment is Private Data, except the following information
which is public:
o Veteran status
o Relevant test scores
o Rank on eligible list
o Job history
o Education and training
o Work availability
o Name, after being certified as eligible for appointment to a vacancy or when considered a finalist
for a position of public employment (which occurs when the person has been selected to be
interviewed by the appointing authority)
Applicant for Appointment Minn. Stat § 13.601, Subd. 3
Data about applicants for appointment to a public body collected by a government entity as a result of the
applicant’s application for appointment to the public body are Private Data on individuals except that the
following are public: name, city of residence (except when appointment has residency requirement),
education and training, employment history, volunteer work, awards and honors, prior government
services.
Once an individual is appointed to a public body, the following additional data are public: residential
address and either a telephone number or email address where the appointee can be reaced or both at the
request of appointee. Any email or telephone number provided by a public body for use by an appointee
shal be public. An appointee may use an e-mail address or telephone number provided by the public body
as the designated email address or telephone number at which the appointee can be reached.
Property Complaint Data (Confidential) Minn. Stat. § 13.44, Subd. 1
The identities of individuals who register complaints concerning violations of state laws or local ordinances
concerning the use of real property are confidential data.
Security Information (Private/Nonpublic) Minn. Stat. § 13.37
Data which if disclosed would be likely to substantially jeopardize the security of information, possessions,
individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure,
trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who
participate in community crime prevention programs and their home addresses and telephone numbers,
but these may be disseminated to other volunteers participating in crime prevention programs. This also
includes interior sketches, photos, or plans of buildings where detailed information about alarm systems or
similar issues could jeopardize security.
Data Inventory
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Registered Voter Lists/Absentee Ballots Minn. Stat. §§ 13.37, 203B.12, 201.091
Sealed absentee ballots before opening by an election judge are protected nonpublic information. Names
of voters submitting absentee ballots are private until the close of voting.
Registered voter lists are private, except for use related to elections, political activities, or law enforcement.
The data of birth on voter lists is always private.
Bids, Proposals, Sealed Bids (Private/Nonpublic) Minn. Stat. § 13.37, Subd. 2, 13.591
Sealed bids, including the number of bids received, prior to opening, are protected nonpublic information.
Proposals submitted in response to a Request for Proposal (“RFP”) are private or nonpublic until the
responses are open. Once opened, the name becomes public, but all other data are private or nonpublic
data until completion of the evaluation process. After the process is completed, all remaining data are
public with the exception of trade secret data. If all responses to an RFP are rejected, see statute for
various scenarios.
Trade Secret Information (Nonpublic) Minn. Stat. § 13.37, Subd. 1
Government data, including a formula, pattern, compilation, program, device, method, technique or
process (1) that was supplied by the City, (2) that is the subject of efforts by the City that are reasonable
under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual
or potential, from not being generally known to, and not being readily ascertainable by proper means by,
other persons who can obtain economic value from its disclosure or use are nonpublic data.
Labor Relations Information (Nonpublic/Protected Nonpublic) Minn. Stat. § 13.37
Management positions on economic and non-economic items that have not been presented during the
collective bargaining process or interest arbitration, including information collected or created to prepare
the management position are nonpublic data.
Firearms Data (Private) Minn. Stat. § 13.87, Subd. 2
Data about the purchase or transfer of firearms and applications for permits to carry firearms.
Examination Data Minn. Stat. § 13.34
Completed versions of personnel and licensing examinations are private, unless the Responsible Authority
determines that they should be confidential because access would compromise the objectivity, fairness or
integrity of the examination process.
Elected Officials Correspondence (Private) Minn. Stat. § 13.601
Correspondence between individuals and elected officials, but either may make it public.
Federal Contracts Data (Private/Nonpublic) Minn. Stat. § 13.35
To the extent that a federal agency requires it as a condition for contracting with a City, all government
data collected and maintained by the City is classified as private or nonpublic.
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Civil Investigative Data (Confidential) Minn. Stat. § 13.39, Subd. 2
Data collected as part of an active investigation undertaken to commence or defend pending civil litigation,
or which are retained in anticipation of pending civil litigation, is confidential, except that a complainant’s
statement is private.
Appraisal Data (Confidential/Protected Minn. Stat. § 13.44, Subd. 3
Nonpublic)
Appraisals made for the purpose of selling or acquiring land through purchase or condemnation.
Recreational Data (Private) Minn. Stat. § 13.57
For people enrolling in recreational or other social programs: name, address, telephone number, any other
data that identifies the individual, and any data which describes the health or medical condition of the
individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior
of an individual.
Law Enforcement Data (Private) Minn. Stat. §§ 13.43, 13.80, 13.82, 13.85 and 13.87
See also §§ 169.09, 168.10, 169A.70, 171.043, 171.07, 171.071, 171.12, 171.32, 243.166, 299A.61,
299C.065, 299C.091, 299C.093, 299C.095, 299C.46, 299C.53, 299C.56, 611.272, 626.53, 609.324, 609.3452,
609.3471, 626.556, 626.5563, 626.557, 626.558, 626.5593, 626.89, 629.341, 260B.171, 260B.198,
260B.235, 299C.68, 299F.035, 299F.04, 299F.05, 299F.054, 299F.055, 299F.056, 299F.095, 299F.096
Data collected, created, received or maintained by the police department, sheriff’s office or clerk of court
under the Domestic Abuse Act is confidential.
Certain arrest data, request for service data, response or incident data, and written transcripts of 911 calls
(unless it reveals the individual’s identity) are public under Minn. Stat. § 13.82. Otherwise, investigative
data collected to prepare a case against a person for the commission of a crime or civil wrong is confidential
or protected nonpublic information while the investigation is active. Photographs which are part of inactive
investigation files are private or nonpublic if they are clearly offensive to common sensibilities. Booking
photographs are public. A law enforcement agency may temporarily withhold access to a booking
photograph if the agency determines that access will adversely affect an active investigation.
The identity of a victim of child abuse or neglect is private. The identity of a reporter of child abuse or
neglect is confidential. Inactive investigative data which relates to the alleged abuse or neglect of a child by
a person responsible for the child’s care is private. Videotapes of child abuse victims may not be released
under any circumstances without a court order.
The following are private:
The identity of undercover law enforcement officers.
The identity of criminal sexual conduct victims.
The identity of certain informants.
The identity of victims or witnesses to a crime whose personal safety or property would be
threatened by disclosure.
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The identity of a deceased person whose body was unlawfully removed from a cemetery.
The identity of a person making a 911 call, or the identity or telephone number of a service
subscriber whose phone is used to place a 911 call, if revealing the person’s identity would
threaten his or her personal safety or property or if the objective of the call was to receive help in
a mental health emergency.
The identity of any juvenile in any case, except arrests certified to stand trial as an adult or in the
case of restitution.
Data on registered criminal offenders.
Unique descriptions of stolen, lost, confiscated, or recovered property.
Identities of customers of licensed pawnshops and secondhand goods dealers.
Reward Program Data (Nonpublic/Confidential) Minn. Stat. § 13.82, Subd. 21
Financial records of a program that pays rewards to informants are protected nonpublic data, or in the case
of individuals, confidential data.
Detention data which would disclose medical, psychological or financial information or endanger an
individual’s life is private.
Criminal history data is private, except convictions of crimes which are public data for 15 years following
the discharge of the sentence imposed.
Deliberative processes or investigative techniques are confidential.
Data in arrest warrants or search warrants are confidential until the individual has been taken into custody,
served with a warrant, or appears before the court, except when the law enforcement agency determines
that the public purpose is served by making the information public.
Human Rights Data (Confidential/Protected Nonpublic/Private) Minn. Stat. § 13.552
Human rights investigative data are confidential or protected nonpublic data. The name and address of the
charging party and respondent, factual basis of the allegations, and the statute under which the action is
brought are private data.
Planning Survey Data (Private/Nonpublic) Minn. Stat. § 13.59
The following data collected in surveys of individuals conducted for the purposes of planning, development
and redevelopment are classified as private: names and addresses of individuals and the legal descriptions
of property owned by the individuals, and the commercial use of the property to the extent disclosure of
the use would identify a particular business. In surveys of businesses conducted for the purposes of
planning, development and redevelopment, the names, addresses, and legal descriptions of business
properties and the commercial use of the property to the extent disclosure of use would identify a
particular business is nonpublic.
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City Facility Rentals (Private/Nonpublic) Minn. Stat. § 13.55
The following data relating to convention rentals are classified as private or nonpublic: Letter or other
documentation from any person who makes inquiry to or who is contacted by the facility regarding the
availability of the facility for staging events, identity of firms and corporations which contact the facility,
type of event which they wish to stage in the facility, suggested terms of rentals, and responses of City staff
to these inquiries, exhibit or data. All rental data is public information.
City Attorney Records (Confidential) Minn. Stat. § 13.393
The use, collection, storage, and dissemination of data by the city attorney is governed by statutes, rules,
and professional standards concerning discovery, production of documents, introduction of evidence, and
professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which
is subject of the “work product” privilege is confidential.
Business Data (Private/Nonpublic) Minn. Stat. § 13.591
The following data that are submitted by a business requesting financial assistance, a license, or other
benefit are private or nonpublic: financial information about the business, including credit reports;
financial statements; net worth calculations; business plans; income and expense projections; balance
sheets; customer lists; income tax returns; and design, market and feasibility studies not paid for with
public funds. This data becomes public when financial assistance is granted except the following remain
private or nonpublic: business plans; income and expense projections not related to the financial
assistance provided; customer lists; income tax returns; and design, market, and feasibility studies not paid
for with public funds.
Municipal Obligation Register Data (Private/Nonpublic) Minn. Stat. § 475.55
Information with respect to the ownership of certain municipal obligations is nonpublic data or private data
on individuals.
Hazardous Materials (Nonpublic) Minn. Stat. § 145.94
Data relating to hazardous substance exposure may be disclosed by the Commissioner of Health to
individuals or the community, including data made nonpublic by law.
Auditing Data (Confidential/Protected Nonpublic/Private) Minn. Stat. § 13.392
Data, notes and preliminary drafts of audit reports created, collected and maintained by the internal audit
office of the City are protected nonpublic or confidential until the final report has been published or the
audit or investigation is no longer being actively pursued. Data on an individual supplying information for
an audit or investigation that could reasonably be used to determine the individual’s identity are private.
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Salary Benefit Survey Data (Nonpublic) Minn. Stat. § 13.435
Salary and personnel benefit survey data purchased from consulting firms or nonprofit organizations or
obtained from employees with written understanding that such data is nonpublic is nonpublic data.
Social Security Numbers (Private) Minn. Stat. § 13.49
Social Security numbers of individuals are private data, except to the extent access is specifically authorized
by law.
Public Employees Retirement Association Data (Private) Minn. Stat. § 13.63, Subd. 3
Data on beneficiaries and survivors of members are private: home address, date of birth, direct deposit
account number, and tax withholding data.
Teachers Retirement Association Data (Private) Minn. Stat. § 13.63, Subd. 2
Data on beneficiaries and survivors of members are private: address, date of birth, direct deposit account
number, and tax withholding data.
Electronic Payments, Credit Card and Bank Account Numbers (Nonpublic) Minn. Stat. § 13.6401
Information that would substantially jeorpardize the security of information, possessions, or individuals or
propery against theft, tampering, improper use, attempted escape, illegal discolusre, trespass, or physical
injury is Private or Nonpublic.
Drug and Alcohol Test Results (Private/Confidential) Minn. Stat. § 181.954
Drug and alcohol test results for public sector employees and job applicants are private data and cannot be
disclosed without written consent of the employee or job applicant.