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Data Practices Office tells commission Minnesota data are presumptively public; outlines roles, retention and training

Legislative Commission on Data Practices · October 16, 2025
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Summary

The Data Practices Office told the Legislative Commission on Data Practices that government data are presumptively public unless a statute classifies them otherwise; it summarized the records life cycle, defined statutory roles (responsible authority, designates, DPCO), and urged regular training and clearer retention practices.

The Legislative Commission on Data Practices heard a detailed briefing from the Department of AdministrationData Practices Office on how the Data Practices Act interacts with records-management law and how government entities should manage public access.

Director TA Moxley Goldmith opened the presentation by describing the records life cycle: creation under the official records act (section 15.17), maintenance under the Data Practices Act, and eventual destruction according to records-retention schedules under section 138.17. "Data are presumptively public unless classified as not public," she said, and emphasized that entities must secure, maintain, and ensure accuracy of data about individuals.

Why this matters: the commission flagged that modern data types (body-camera footage, drone images, geolocation, automated license-plate reader data) and the volume of requests are straining traditional processes. If classification, retention, or access procedures are unclear, both government employees and the public face delays or confusion.

DPO staff explained statutory roles: the responsible authority is the person at each government entity ultimately accountable for collection, use and dissemination decisions; that official may appoint designates to accept and process data requests; and the data practices compliance official (DPCO) functions as an internal liaison for requesters and the DPO. "The responsible authority may also appoint a designate," Director Goldmith said, noting smaller entities may not need designates while larger agencies commonly do.

On portals and access: staff told commissioners portals are a common tool some entities use for intake and tracking, but the office has not promoted a single portal approach and emphasizes that portals must not become the only access path. DPO staff noted portals do not replace human review for redaction decisions.

Training and resources: the office urged short, recurring staff training (even a 10-minute annual refresh for all employees) and longer sessions for designates and DPCOs. "We are a small but mighty team of four at the Department of Administration," Goldmith said, and described a mix of webinars, recorded videos and multi-hour workshops to reach more agencies.

Next steps: the commission agreed to schedule additional hearings focused on modern privacy issues, including AI and law-enforcement data, and to examine whether chapter 13 and the official-records law need structural updates to match current technology.