Minnesota Public Government Data Request

MINNESOTA PUBLIC GOVERNMENT DATA REQUEST

(Minnesota Government Data Practices Act, Minn. Stat. ch. 13)

PRACTITIONER NOTES

1. This template requests public government data under Minn. Stat. § 13.03. A person seeking private data about themselves as the data subject uses the distinct rights and timing rules in § 13.04 and should adapt the request accordingly.
2. Government data are public unless a statute, temporary classification, or federal law classifies them otherwise. Each government entity's responsible authority must arrange data for convenient access and establish procedures for “appropriate and prompt” compliance. § 13.03, subds. 1-2.
3. The GDPA does not set a fixed number of days for an ordinary public-data response. Inspection must be allowed at reasonable times and places, and copies unavailable when requested must be supplied as soon as reasonably possible. § 13.03, subd. 3(a), (c).
4. Inspection is free. For copies or electronic transmission, the entity may charge actual search, retrieval, employee-time, copying, certification, and transmission costs, but may not charge for separating public from not-public data. For 100 or fewer black-and-white letter- or legal-size pages, the cap is $0.25 per page instead of actual cost. § 13.03, subd. 3(a)-(c).
5. If the entity maintains public data electronically, it must provide an electronic copy when it can reasonably do so, but need not convert the data to a different format or program. Actual copy cost may be charged. § 13.03, subd. 3(e).
6. A denial may initially be oral, but must identify the specific statutory section, temporary classification, or federal provision. Upon request, the responsible authority or designee must certify the denial and authority in writing. § 13.03, subd. 3(f).
7. If the entity notifies the requester that data are ready and the requester does not inspect or collect them within five business days, the entity may suspend further response until inspection or collection and payment. § 13.03, subd. 3(g).
8. A request is not a contract. Delete unused bracketed instructions and do not add warranties, covenants, defaults, cure periods, indemnities, force majeure, arbitration clauses, jury waivers, assignment restrictions, integration clauses, or execution formalities.

REQUEST LETTER

Date: [DATE]

Method: [EMAIL / MAIL / FACSIMILE / PORTAL / HAND DELIVERY]

To:
[RESPONSIBLE AUTHORITY / DESIGNEE / DATA PRACTICES COMPLIANCE OFFICIAL]
[GOVERNMENT ENTITY]
[OFFICE OR DIVISION]
[ADDRESS / EMAIL / FACSIMILE / PORTAL]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[MAILING ADDRESS]
[EMAIL]
[TELEPHONE]

Re: Minnesota Public Government Data Request — [SUBJECT]

Dear Responsible Authority or Designee:

Under the Minnesota Government Data Practices Act, Minn. Stat. § 13.03, I request inspection and/or copies of the public government data described below.

1. Public Data Requested

1. [DESCRIBE THE FIRST DATA SET OR DISCRETE GROUP OF RECORDS.]
2. [DESCRIBE THE SECOND DATA SET OR DISCRETE GROUP OF RECORDS.]
3. [ADD ADDITIONAL ITEMIZED REQUESTS.]

Date range: [START DATE] through [END DATE]

Relevant office, official, employee, contractor, project, contract, incident, matter, or identifier: [DETAILS]

Helpful custodians, email addresses, search terms, systems, databases, or data fields: [DETAILS]

If clarification would help identify responsive public data or reduce cost, please contact me at [EMAIL / TELEPHONE].

2. Inspection, Copies, Format, and Delivery

I request:

• ☐ free inspection at a reasonable time and place;
• ☐ electronic copies in the format or program in which the entity maintains the data;
• ☐ paper copies;
• ☐ inspection first, with copies selected afterward;
• ☐ an explanation of the meaning of the requested data; or
• ☐ another available method: [METHOD].

Preferred delivery or inspection method: [EMAIL / SECURE LINK / PORTAL / APPOINTMENT / MAIL / PICKUP].

3. Fees and Cost Communication

I authorize lawful fees up to $[AMOUNT]. Please provide an estimate and obtain my written approval before exceeding that amount.

Please exclude all cost of separating public from not-public data. If this request is for 100 or fewer black-and-white letter- or legal-size pages, please limit the copying fee to $0.25 per page. For other copies or electronic transmission, please identify the actual search, retrieval, employee-time, copying, certification, and transmission costs included.

[OPTIONAL DISCRETIONARY REQUEST: Please waive or reduce fees to the extent entity policy permits because [DETAILS]. This does not assert a general statutory public-interest fee-waiver right.]

4. Prompt Response and Any Denial

Please respond in the appropriate and prompt manner required by § 13.03, subd. 2, permit inspection at a reasonable time and place, and supply copies as soon as reasonably possible.

If any requested data are classified as not public, please provide a written certified denial under § 13.03, subd. 3(f), citing the specific statutory section, temporary classification, or federal-law provision on which the determination is based. Please provide all public data that can be separated from not-public data.

Thank you for your assistance.

Respectfully,

[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[DATE]

POST-SUBMISSION AND ENFORCEMENT NOTES

• Keep the record: Preserve the request, proof of receipt, communications, estimate, fee calculation, payment, ready notice, production, and certified denial.
• Commissioner opinion: A person disagreeing with a government entity's data-practices determination may request an advisory opinion from the Commissioner of Administration. The opinion is not binding but receives judicial or tribunal deference; requesting an opinion does not exclude other remedies. Minn. Stat. § 13.072.
• Remedy sequencing: If the Commissioner accepts an opinion request on the matter before an Office of Administrative Hearings complaint is filed, the later administrative complaint must be dismissed. Consider forum and sequencing before filing. §§ 13.072, 13.085, subd. 2(e).
• OAH compliance complaint: A sworn written complaint seeking an order to compel compliance generally must be filed within two years and requires a $1,000 filing fee or bond. Available outcomes include compliance orders and a civil penalty up to $300. Attorney-fee awards are capped at $5,000 under the conditions in § 13.085, subds. 2, 5-6.
• District Court compliance action: An aggrieved person may instead bring a District Court action to compel compliance, potentially recover court-determined costs and attorney fees, and seek a civil penalty up to $1,000. The court may inspect disputed data in camera. § 13.08, subd. 4.
• Damages and injunction: A person damaged by a violation may seek sustained damages, costs, and reasonable attorney fees; a willful violation can support exemplary damages of $1,000 to $15,000 per violation. A violation or proposed violation may also be enjoined. § 13.08, subds. 1-3.
• Get legal advice promptly: Data classifications, data-subject rights, response speed, commercial-value fees, remedy sequencing, damages, and venue are fact-sensitive.

CURRENT OFFICIAL SOURCES

• Minnesota Revisor — Minn. Stat. § 13.03, public-data access
• Minnesota Revisor — Minn. Stat. § 13.072, Commissioner opinions
• Minnesota Revisor — Minn. Stat. § 13.08, civil remedies
• Minnesota Revisor — Minn. Stat. § 13.085, administrative remedy