How to File a Public Records Request in Minnesota
The Minnesota Government Data Practices Act (MGDPA), originally enacted in 1974 and codified at Minnesota Statutes Chapter 13, governs how all government entities in Minnesota collect, store, use, and release data. The Act establishes a strong presumption that government data are public and accessible to anyone — resident or not — unless a specific state or federal law classifies the data as private, confidential, or protected nonpublic. There is no residency requirement to file a request. For public data, the responsible authority must respond as soon as reasonably possible. For requests from data subjects (the individual about whom data is maintained), the entity must respond immediately or within ten business days. The burden of justifying any withholding rests with the government entity, not the requester.
The Minnesota Government Data Practices Act
- Statutory Citation
- Minnesota Statutes Chapter 13 (§§ 13.01 through 13.99)
- Response Deadline
- 10 business days
- Fee Provisions
- Under Minn. Stat. § 13.03, subd. 3, inspection of government records is always free — agencies may never charge for simply viewing data. When copies are requested by a non-data-subject, an agency may charge up to 25 cents per page for 100 or fewer black-and-white letter- or legal-size copies. For larger or more complex requests, the agency may charge actual costs, including employee time, materials, and mailing. Agencies may never charge for the time spent separating public from non-public data or for the cost of redacting protected information.
- Key Exemptions
- Data classified as 'not public' under the MGDPA includes: private data on individuals (accessible to the subject but not the general public), confidential data (inaccessible to both the public and the subject), nonpublic data, and protected nonpublic data. Common exemptions include personnel data (Minn. Stat. § 13.43), active civil and criminal investigative data (§§ 13.39, 13.82), attorney-client privileged data (§ 13.393), welfare and social services data (§ 13.46), and certain law enforcement data. The specific law justifying any withholding must be cited upon request.
- Appeal Process
- If a request is denied, the government entity must cite the specific law authorizing withholding. Requesters may seek a written advisory opinion from the Minnesota Commissioner of Administration under Minn. Stat. § 13.072 — these opinions are public and carry significant weight in court. Requesters may also file a complaint with the Minnesota Office of Administrative Hearings (Minn. Stat. § 13.085) to compel compliance, or bring a civil action in district court under Minn. Stat. § 13.08 to compel compliance and recover costs and reasonable attorney fees. Willful violations may result in exemplary damages of $1,000–$15,000 per violation.
- Ombudsman
- The Minnesota Department of Administration's Data Practices Office (DPO) serves as the state's primary resource for data practices guidance. The Commissioner of Administration may issue written advisory opinions under Minn. Stat. § 13.072 when a person disagrees with a government entity's data practices determination; these opinions are public and entitled to deference by courts.
Read the full text of the Minnesota Government Data Practices Act
City FOIA Guides in Minnesota
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