Minnesota Public Records Law

The Minnesota Government Data Practices Act (MGDPA) is the public records law in Minnesota. It is a set of laws authorizing public access to records created, received, collected, maintained, or disseminated by all government entities, except where records are protected by another statute or categorized as non-public. Entities covered by the MGDPA include state agencies, political subdivisions, corporations, and nonprofit social services under contract with a government entity, statewide agencies, and the University of Minnesota and Minnesota State Colleges and Universities.

Where Do I Submit a Public Record Request in Minnesota?

The MGDPA requires every agency to assign or designate an individual as the "responsible authority" (RO) or Data Practices Compliance Official (DPCO) to handle public record requests. Furthermore, the public records law allows the designated authority to identify one or more persons as designated to undertake the responsibility. Hence, you may need to contact the agency maintaining the record you want to find out the designated person to whom you may address your public record request.

How Do I Request Public Records in Minnesota?

Public records may be obtained by searching reputable third-party websites or submitting a public record request to the agency holding the record you want. To submit a request for a Minnesota public record, you may follow these steps:

  • Find out who the RA or DPCO is. You may contact the agency to find out
  • Determine how the agency receives requests. Requests may be accepted by mail, email, phone, or in person.
  • Prepare your request. Address it to the RA or DPCO and include all the details necessary to find the record you want and contact you
  • Submit your request in any of the acceptable formats
  • Pay the applicable fee

What Records are Public in Minnesota?

In Minnesota, government records are generally considered public unless a specific law or exemption states otherwise. Frequently requested public records in the state include:

  • Vital Records: Generally, vital records are public information, though there are specific exceptions concerning birth records.
  • Property Records: Property tax assessments, deeds, and mortgages.
  • Judicial Records: These include district court records, some court of appeal records, and supreme court records.
  • Law Enforcement Records: Includes incident reports, arrest reports, and some inmate records.
  • Government Financial Records: Budget reports, expenditure reports, contracts, and procurement records.

Who Can Request Public Records in Minnesota?

"Any person" may request access to public records under the MGDPA. "Any person" is defined to include any individual, association, corporation, business trust, or legal representative of an organization.

What Is the Response Time for Public Records Requests in Minnesota?

The response time for public records requests in Minnesota depends on whether or not the requester is the subject of the record requested. If the requester is the subject, the MGDPA mandates that the agency responds within 10 business days. Otherwise, the agency is only required to respond promptly and within a reasonable amount of time.

What Is the Fee Charged for Providing Copies of Public Records?

Under the MGDPA, no fee may be charged for inspecting a public record. However, agencies are allowed to charge fees for providing copies of requested public records. The following are typical copy fees:

  • 100 pages or less: $0.25 per page for black and white, letter, or legal-sized paper copies
  • Larger requests and other formats: For requests exceeding 100 pages or involving electronic formats, actual costs of making copies, including the cost of searching, retrieving, materials, and labor, may be charged

Note that obtaining certified copies attracts additional fees.

What Records Are Exempted Under the Minnesota Public Law?

Despite the public nature of many government records, the MGDPA grants some exemptions, allowing the non-disclosure of certain sensitive information for privacy, confidentiality, and security reasons. Some of the records exempt from public disclosure in Minnesota include:

  • Trade secrets, sealed bids, parking space leasing data, labor relations information, and security information
  • Gun permit records
  • Personal records such as medical history, treatment records, Social Security numbers, and certain personnel files
  • Active criminal investigative data, security information, and victim and witness information
  • Attorney-client communications
  • Juvenile court records
  • Certain family court records, such as those related to adoption or child protection cases