Minnesota Government Data Practices Act

Response Timeline

No fixed statutory response deadline. Data must be available for inspection during normal work hours. Agency must respond to requests 'as soon as reasonably possible.' For data on individuals, the responsible authority has 10 business days to respond to a challenge (Minn. Stat. § 13.04, subd. 4). Administrative complaints to Commissioner must be decided 'as soon as possible.'

No residency requirement. Any 'person' (individual, partnership, corporation, association, business trust, or legal representative) may request data (Minn. Stat. § 13.03, subd. 3(a)).

How to Submit a Request

Accepted Methods

• Written — Written or oral requests accepted
• Oral — May request inspection verbally
• In person — May inspect during normal work hours

No specific form required. Requester need not explain purpose. Minnesota uniquely classifies data rather than exempting records - data is classified as public, private, confidential, protected nonpublic, or nonpublic. Only 'public' data is accessible to anyone.

Required Elements

• Description of data sought

Optional Elements

• Preferred format
• Whether requesting inspection or copies

Fees

Inspection is always free. Copy fees limited to actual costs including employee time. Cannot charge for separating public from nonpublic data. 'Commercial value' data may carry a premium to recoup development costs. Remote access may carry additional fees if authorized by statute.

Fee Waivers

• No statutory fee waiver provisions under the Act

No fee waivers required or specifically authorized under the MGDPA. However, inspection is always free, limiting the practical impact.

Exemptions

• Trade secrets, sealed bids, and labor relations data (Minn. Stat. § 13.37, subd. 2(a))
• Investigative data nonpublic while investigation is active (Minn. Stat. § 13.82, subd. 7)
• Confidential informant identity if disclosure threatens safety (Minn. Stat. § 13.82, subd. 17(c))
• Victim identity withheld upon request unless safety threat absent (Minn. Stat. § 13.82, subd. 17(d))
• Medical examiner investigation data - private or confidential except cause-of-death (Minn. Stat. § 13.83, subd. 4)
• Firearms purchase/transfer and carry permit data classified as private (Minn. Stat. § 13.87, subd. 2)
• Names of job applicants private except finalists/certified eligible (Minn. Stat. § 13.43, subd. 3)
• Sealed absentee ballots private until opened by election judge (Minn. Stat. § 13.37, subd. 2(a))
• Security information and vulnerability assessments
• Attorney-client privileged communications

Minnesota uses a unique data classification system rather than a simple exemption list. All government data is classified as: public (accessible to anyone), private (accessible to data subject only), confidential (accessible to no one outside government), nonpublic (not on individuals - accessible to agency and entities with statutory authority), or protected nonpublic. Default classification is public.

Appeal Process

Three-tier system: Commissioner opinions (advisory), OAH hearings (administrative), and district court (judicial). No administrative exhaustion required before court. Commissioner opinions given judicial deference. Exemplary damages available for willful violations.

Request Templates

Records Retention

Minn. Stat. 138.17

View retention law →

Retention schedule catalog →

The Records Disposition Panel (Attorney General, Legislative/State Auditor, and MHS Director) directs storage and disposition of government records. All state agencies and local governing bodies must establish an active records management program and prepare records inventories with retention schedules. Records of historical value must be transferred to the State Archives.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Minnesota →
• NFOIC State FOI Resources →