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This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. RISK MANAGEMENT INFO RMATION MINNESOTA GOVERNMENT DATA PRACTICES ACT: YOU WANT WHAT? WHEN? Overview The Minnesota Government Data Practices Act, Minn. Stat. ch. 13, attempts to balance the public’s right to information, individual’s right to privacy, and government’s need to function responsibly. There is nothing in the Act requiring any city to hand over requested information on the spot. While a great deal of the information at city hall is public and must be released when requested, a city is entitled to establish and follow a process for evaluating and complying with data requests. Simply put, it is much better to take a conservative approach when considering a data request, even if that means the data is not released immediately. In the long run, a delay, during which a city confirms the data being requested and ensures that release is permitted under the Act, may prevent a city from being sued for sharing data that should not have been released. The Act requires government entities, including cities, to identify the types of data they maintain and determine how each type of data is classified. A city must develop a public document identifying these data categories and classifications for data on individuals. (The Act does not require such a document for data that is not on individuals.). This public document must contain the name, title, and address of the city’s “Responsible Authority” and copies of any forms used to collect private data on individuals (i.e., Tennesen Warning). This document must be updated annually. While the Act does not require that a data request be in written form, a city may require that data requests be submitted in writing and may require the use of a form designed for this purpose. Cities must respond to data requests appropriately and promptly. More than anything else, what is appropriate and prompt depends upon the scope of the request, and may vary depending upon the size and complexity of a city, the type and/or quantity of data requested, the clarity of the data request, and the number of staff available to respond to the request. Highlight The general presumption of the Act is simple: government data are public unless otherwise classified by state or federal law. Government data that is collected, created, stored, or maintained by a city are public and are accessible for both inspection and copying.