Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Advisory Opinions topic
No spam. Unsubscribe anytime.
Data Practices Office: advisory opinions are non-binding; the office handles many requests but issues few formal opinions
Summary
The Data Practices Office told commissioners advisory opinions under Minn. Stat. 13.072 are non-binding guidance. Intake is high but formal issuance is limited; DPO prefers informal resolution where possible and noted legal remedies (district court or Office of Administrative Hearings) can be costly and complex.
Advisory opinions issued by the Department of Administration under Minn. Stat. 13.072 are non-binding, the Data Practices Office told the Legislative Commission on Data Practices, and the office often resolves disputes informally rather than issuing formal written opinions.
"Since 1993, the commissioner of administration has had permissive authority to issue non-binding advisory opinions on issues related to data practices," staff said. The office described a three-step intake and screening process: confirm the request is in scope of 13.072, determine if an immediate on-the-face violation exists, and, if necessary, request more information. The office has five business days to decline incomplete requests and will attempt informal resolution before embarking on a formal opinion.
Statistics provided in the hearing showed advisory-opinion workload growth but limited issuance: "thus far we have had 75 requests and we have accepted 11" in the current year to date, staff said. Yearly totals mentioned: 75 requests (2025), 64 (2024), 55 (2023), 44 (2022). In 2024 the office issued four formal opinions; 2023 had five issue; 2022 had six. DPO staff emphasized most public contacts are technical assistance calls and emails, not formal opinion requests.
Staff warned that statutory remedies for alleged violations (Minn. Stat. 13.08 and 13.085) require court filings or administrative hearings and can be expensive for plaintiffs; the Office of Administrative Hearings filing fee cited during the meeting was $1,000.
The office said it sometimes resolves disputes quickly by education and dialogue. As an example, staff described a disciplinary-records dispute that was settled after about 10 days through direct conversations with the government entity and counsel rather than a formal opinion or litigation.
DPO staff told commissioners that advisory opinions are useful when questions are novel or require deeper written analysis, and that the agency will favor informal technical assistance when it can achieve a timely, practical result.
