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House Research Department Updated: July 2010 <br />Minnesota Government Data Practices Act: An Overview Page 7 <br /> <br /> <br />Commissioner’s <br />Data Practices <br />Opinions <br />The act authorizes the Commissioner of Administration to give a <br />written opinion on a question about access to government data, rights <br />of data subjects, or data classifications under any provision of <br />Minnesota Statutes. It allows the commissioner, on request of a person <br />who disagrees with a data practices determination by a state agency, <br />state system, or political subdivision, to give a written opinion about <br />the person’s access rights or rights as a subject of data. The <br />commissioner must release opinions under this section to the public. <br />(Minn. Stat. § 13.072, subds. 1 and 2) <br />If the commissioner decides not to issue an opinion, he or she must so <br />notify the requester. When an opinion is to be issued, the entity holding <br />the data must be allowed to explain its decision regarding access. The <br />commissioner or other entity may choose to notify the data subject of <br />the dispute about the data. (Minn. Stat. § 13.072, subd. 1) <br />An entity or person that conforms to a written commissioner’s opinion <br />is not liable for civil damages or criminal penalties under the act. <br />(Minn. Stat. § 13.072, subd. 2) <br />A commissioner’s opinion under this section does not bind the entity <br />whose data are the subject of the opinion, but must be given deference <br />by a court in a proceeding involving the data. (Minn. Stat. § 13.072, <br />subd. 2) <br />A formally issued written attorney general’s opinion takes precedence <br />over an opinion issued by the Commissioner of Administration. <br />(Minn. Stat. § 13.072, subd. 1, para. (f)) <br />This section does not preclude a person from bringing another action <br />under chapter 13 or other law in addition to, or instead of, getting an <br />opinion under the act. (Minn. Stat. § 13.072, subd. 2) <br />The section does not apply to a question about specified determinations <br />made by the Commissioner of Health. (Minn. Stat. § 13.072, subd. 1, <br />para. (e)) <br />Public Information <br />Policy Training <br />Program <br />The commissioner is authorized to establish a program to train state <br />and local government officials and employees on government data <br />practices laws and records management statutes. Currently, these <br />programs are administered through the Information Policy Analysis <br />Division of the Department of Administration. (Minn. Stat. § 13.073) <br /> <br />