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House Research Department Updated: July 2010 <br />Minnesota Government Data Practices Act: An Overview Page 13 <br /> <br /> <br />Remedies and Penalties for Violation <br />There are civil and administrative remedies, as well as criminal penalties in some cases, for <br />violations of the act, including the failure of a government entity to comply with the act’s <br />provisions. <br />Civil Action An individual or the representative of a decedent damaged by a <br />government agency’s violation of the act may recover damages, costs, <br />and attorney fees as part of a civil action in action in district court. For <br />a willful violation, exemplary damages of $1,000 to $15,000 per <br />violation may be imposed. The district court may also issue an <br />injunction ordering a government agency not to violate the act. (Minn. <br />Stat. § 13.08, subds. 1 and 2) <br />The act also allows a special district court action in which an aggrieved <br />person seeking access to data or enforcement of other rights under the <br />act may seek an order to compel a noncompliant government entity to <br />follow the requirements of the law. If such an order is issued, and the <br />court determines that the offending entity has not substantially <br />complied with the requirements of the act, the court may impose a civil <br />penalty of up to $1,000 against that entity, payable to the state general <br />fund. (Minn. Stat. § 13.08, subd. 4) <br />Administrative <br />Remedy <br />For actions commenced on or after July 1, 2010, the act provides for an <br />administrative process, as an expedited alternative to a more formal <br />civil court action to compel a government entity to comply with the act. <br />Only actions to enforce compliance with the act may use this process. <br />Actions in which a person seeks recovery of damages for a violation of <br />the act must use the district court process described above. <br />A complaint of a violation under this process is reviewed by an <br />administrative law judge and, if appropriate, a hearing on the matter is <br />conducted. The administrative law judge may find that a violation of <br />the act has occurred, impose a civil penalty against a government entity <br />of up to $300, order the entity to comply with the act’s provisions <br />(including setting a date for production of public data, if necessary), <br />and refer the matter to an appropriate authority for consideration of <br />criminal charges, if necessary. A successful complainant may be <br />entitled to an award of attorney’s fees and a refund of all but $50 of the <br />fee for filing a complaint using this process. (Minn. Stat. § 13.085, <br />subd. 5) <br />Criminal Penalty A person who willfully violates the act or its associated rules is guilty <br />of a misdemeanor. (Minn. Stat. § 13.09)