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Minnesota Government Data Practices Act: Access, Fees, and Body Camera Rules

Independently fact-checked against primary sources (last audited August 4, 2026). · Law checked current as of August 9, 2026. · 5 primary sources cited on this page. How we verify our legal content

Minnesota Government Data Practices Act: Access, Fees, and Body Camera Rules

Frequently Asked Questions

Why does Minnesota call them 'government data' instead of public records?

Because the Act regulates data rather than documents, not because Minnesota abandons the usual presumption of openness. Section 13.01, subd. 3 states that chapter 13 'establishes a presumption that government data are public and are accessible by the public for both inspection and copying' unless federal law, a state statute or a temporary classification provides that certain data are not public, and section 13.03, subd. 1 provides that all government data 'shall be public unless classified by statute, or temporary classification pursuant to section 13.06, or federal law.' What is distinctive is the classification layer on top of that presumption. Data on individuals can be public, private or confidential. Data not on individuals can be public, nonpublic or protected nonpublic. Which category applies determines both whether the general public can see it and whether the individual the data is about can see it, and those two questions have different answers surprisingly often. So a requester asks both questions: the data is presumed public, and if the entity says otherwise, subdivision 3(f) requires it to cite the specific statute, temporary classification or federal provision that makes it not public.

Do I have to be a Minnesota resident to request data?

No. Section 13.03, subd. 3(a) grants the right to 'a person' with no residency or citizenship condition. Subdivision 2(b) goes further in one direction that matters for genealogists and historians: 'Full convenience and comprehensive accessibility shall be allowed to researchers including historians, genealogists and other scholars to carry out extensive research and complete copying of all records containing government data except as otherwise expressly provided by law.' The only qualifier is that closing clause. The statute attaches no scheduling condition to that access.

How long does a Minnesota agency have to respond?

There is no fixed day count, and that is a deliberate feature of the statute rather than an oversight. Section 13.03, subd. 2(a) requires each responsible authority to establish procedures ensuring that requests 'are received and complied with in an appropriate and prompt manner.' Subdivision 3(c) adds that if copies cannot be provided at the time of the request, they 'shall be supplied as soon as reasonably possible.' Compare that with Massachusetts, where the statute names 10 business days. Minnesota's approach means a simple request should be filled quickly and a complex one gets the time it genuinely needs, but it also means you have no bright line to point at when a response drags. If a request stalls, the escalation route is an advisory opinion request to the Information Policy Analysis Division or a complaint under section 13.085.

Is there a deadline on my side?

Yes, and it is the one fixed day count in section 13.03. Subdivision 3(g) provides that if the responsible authority has notified you that responsive data or copies are available for inspection or collection and you do not inspect or collect within five business days of that notification, the responsible authority may suspend any further response to the request until you do. Do not let a pickup notice sit.

What does it cost to get data in Minnesota?

Inspection is free, without qualification: 'If a person requests access for the purpose of inspection, the responsible authority may not assess a charge or require the requesting person to pay a fee to inspect data.' Copies are different. The responsible authority may require you to pay the actual costs of searching for and retrieving data, including the cost of employee time, and of making, certifying and electronically transmitting the copies. But there is a cap and a carve-out. If the request is for 100 or fewer pages of black and white letter or legal size paper copies, actual costs may not be used and the charge may not exceed 25 cents per page. And in every case the responsible authority 'may not charge for separating public from not public data,' so redaction time is not billable. Data with documented commercial value may carry a reasonable additional fee tied to the cost of developing it.

Is there a fee waiver for people who cannot pay?

Section 13.03 does not contain one. The waiver mechanisms that Massachusetts, Michigan and Maryland provide, for indigency or public interest, have no counterpart in the section that governs access and fees, and research for this page did not confirm a dedicated waiver elsewhere in chapter 13. That is a real gap, and this page will not invent a right that the statute does not state. Two things do soften it in practice: inspection costs nothing, so a requester who can visit the office and read the file may not need copies at all, and the 25 cent cap on ordinary copy requests keeps small requests inexpensive. If cost is a barrier on a larger request, ask the responsible authority in writing whether that entity has a policy on reducing charges, and consider narrowing the request or asking for electronic transmission instead of paper.

How do I challenge a denial in Minnesota?

Three routes exist, in rough order of cost. The first is an advisory opinion from the Information Policy Analysis Division of the Department of Administration, which publishes non-binding opinions interpreting the Act and is the usual first stop for a genuine classification dispute. The second is a complaint to the Office of Administrative Hearings under section 13.085. The third is a civil action in district court under section 13.08, which carries the strongest remedy. Subdivision 1 makes a responsible authority or government entity that violates the chapter liable for the damages sustained plus costs and reasonable attorney fees, and for a willful violation adds exemplary damages of not less than $1,000 and not more than $15,000 for each violation. Subdivision 2 allows the district court to enjoin a violation, and subdivision 4 provides an action to compel compliance with costs, reasonable attorney fees and a civil penalty of up to $1,000 against the entity. It is also the slowest and most expensive to start, which is why the free advisory opinion is usually the first move.

How does the Office of Administrative Hearings complaint work?

Section 13.085 sets out the procedure. The complaint must be filed within 2 years, in writing and under oath, and must be accompanied by a $1,000 filing fee or a bond. The respondent must answer within 15 business days. An administrative law judge makes a probable cause determination within 20 business days, and if the matter is scheduled for hearing, that hearing must occur within 30 business days. The ALJ may dismiss the complaint, find a violation, impose a civil penalty of up to $300, or order compliance. A complainant who substantially prevails is presumptively entitled to attorney fees of up to $5,000 and a refund of the filing fee. Judicial review of the ALJ's decision is available under Minn. Stat. sections 14.63 to 14.69. The $1,000 filing fee is the practical obstacle, which is why the free advisory opinion route is usually worth trying first.

Can I get Minnesota police body camera video?

Section 13.825 governs, and the default is restrictive with specific public carve-outs. Portable recording system data are private data on individuals or nonpublic data, subject to exceptions. Data documenting the discharge of a firearm by a peace officer in the course of duty, where a notice is required under section 626.553, subd. 2, or a peace officer's use of force resulting in substantial bodily harm as defined in section 609.02, subd. 7a, are public. Data are also public if the subject of the data requests release, with redaction protections for non-consenting third parties and for officers whose identities are protected. Retention is at least 90 days generally, longer for firearm-discharge and substantial-force incidents and formal complaints, and indefinite for data documenting a peace officer's use of deadly force.

What are the 5-day and 14-day rules after a death involving police use of force?

Section 13.825 creates a special track that most states do not have. When an individual dies as a result of a peace officer's use of force, the involved officer's law enforcement agency must allow the deceased individual's next of kin, the legal representative of the next of kin, and the other parent of the deceased individual's minor child to inspect all portable recording system data documenting the incident, redacted no more than the law requires, within five days of the request. That inspection right is subject to a written assertion that release would interfere with an ongoing investigation. Separately, the agency 'shall release all portable recording system data, redacted no more than what is required by law, documenting the incident no later than 14 days after the incident,' unless the chief law enforcement officer asserts in writing that public classification would interfere with an ongoing investigation, in which case the data remain classified under section 13.82, subd. 7.

Are Minnesota birth and death records covered by the Data Practices Act?

Vital records are handled by the Minnesota Department of Health's Office of Vital Records under its own eligibility rules based on your relationship to the person named, rather than through an ordinary data practices request. See our guide to Minnesota death records for who may order a certified copy and what identification is required.

Updates

Corrected the page to state that Minnesota chapter 13 presumes government data are public unless classified by statute, temporary classification or federal law, quoted the researcher access guarantee in section 13.03, subd. 2(b) as enacted, and replaced the placeholder note about section 13.08 with its actual civil remedies.

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Independently fact-checked against the cited primary sources

Sources and References

  1. Minnesota Office of the Revisor of Statutes: Minn. Stat. section 13.03, access to government data and fees(revisor.mn.gov).gov
  2. Minnesota Office of the Revisor of Statutes: Minn. Stat. section 13.085, complaints to the Office of Administrative Hearings(revisor.mn.gov).gov
  3. Minnesota Office of the Revisor of Statutes: Minn. Stat. section 13.08, civil remedies(revisor.mn.gov).gov
  4. Minnesota Office of the Revisor of Statutes: Minn. Stat. section 13.825, portable recording systems(revisor.mn.gov).gov
  5. Minnesota Department of Administration: Information Policy Analysis Division, data practices guidance and advisory opinions(mn.gov).gov
  6. Minnesota Office of the Revisor of Statutes: Minn. Stat. section 13.01, subd. 3, presumption that government data are public(revisor.mn.gov)
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