5.1. ERMUSR 03-08-2011 - Laserfiche WebLink

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B. Data practices nti^^ s,at ch. 1~ Cities are often asked to release information. In doing so, every city in Minnesota must comply with the Minnesota Government Data Practices Act (MGDPA). Government data means all data collected, created, received, maintained, or disseminated by the city regardless of its physical form, storage media, or conditions of use. This would include data one receives or creates in the capacity of mayor. The Act presumes that government data are public and are accessible by the public for inspection and copying unless there is a federal law, state statute, or temporary classification of data that provides differently. boon. Sin. ti 13.02, sera If a city receives a request for government data, it is the role of the 1 ~ city-appointed "responsible authority" or their designee to respond. "n"" st°' g t s os, sobd That person is responsible for the collection, use, and dissemination of any governmental data as well as other obligations of mrnn su,. g Is o5, sel,d ,; administering the MGDPA, including preparing a public document containing procedures that the official will use to administer the MGDPA. The responsible authority must appoint or also act as a "compliance official." The compliance official responds to questions or concerns from persons who are attempting to access data or enforce their rights. The MGDPA is one of the most complex laws that a city has to comply with. Accordingly, all elected officials should consult with the city's responsible authority before releasing any city data. "rnn smt s u.or.. Cities may request advisory opinions from the commissioner of the To request an advisory Department of Administration on any question concerning public opinion, write to the access to government data, rights of subjects of data, or classification (. omm iSS'i"nef nl Administration. ch, of data. Advisory opinions are not binding, but a court must give I^a,r~nntion rer=> deference to the opinion in a proceeding that involves the data in Analysis nivision, 201 Aaminisvation au;laing, dispute. Cities that take action in conformance with the opinion will so snerbume Ave. st. not be liable for compensatory or exemplary damages, awazds of Foul, Minnesota sstss, attorney fees, or penalties. Cities interested in requesting an opinion FAX', (651) 205219. can contact the Department of Administration, Information Policy Analysis Division. The Department of Administration maintains an iFAn opinions. index to advisory opinions on its website. "tin,,. stet. ; 13 ns. 1t's important to remember, there are significom civil penalties for uw-~,.~: r~..r~„oh willfully releasing private and confidential data and for willfully N'valringam (`^vrrm.tioh., ^ refusing to release public data. In addition, a city that violates any _ ~.w.zd o 1~-lion. e; zoo21. provision of the MGDPA is liable for any damage as a result of the violation. The person damaged may bring an action against the city to cover any damages, plus costs and reasonable attorney fees. Mi^naw M:wr. 1 a n~,«;ner