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Private agency, public dollars-Minnesota

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Common Definition Themes
These 5 characteristics tend to recur in most state definitions for private agencies which are subject to FOIA laws.
1.) Receive or dispense public funds: Yes.pngp


2.) Created by a public agency: No.pngf
3.) Present themselves as a public entity: No.pngf
4.) Perform a public function: Yes.pngp


5.) Controlled or managed by a public entity: No.pngf

=The legal history does not mention this characteristic or it has rejected this characteristic as a potential defining aspect.


=This characteristic alone is sufficient to bring an organization under the FOIA.


=This is a part of a compound definition requiring multiple characteristics. The numbers after the symbol indicate the additional requirements.


=This is a characteristic that has been mentioned within the legal history and may aid in deciding whether or not the FOIA law applies to an organization but is not a part of a specific definition.

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The Minnesota Data Practices Act includes in its definition of public body:
"It includes any nonprofit corporation which is a community action agency organized pursuant to the Economic Opportunity Act of 1964 (Public Law 88-452) as amended, to qualify for public funds, or any nonprofit social service agency which performs services under contract to a government entity, to the extent that the nonprofit social service agency or nonprofit corporation collects, stores, disseminates, and uses data on individuals because of a contractual relationship with a government entity."[2]


  1. Only applies to community action groups under the Economic Opportunity Act of 1964.
  2. 2.0 2.1 2.2 Minnesota statute 13.2
  3. Only applies to agencies who contract with the government for social services.

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