Minnesota FOIA procedures

Minnesota FOIA procedures
FOIA laws in Minnesota
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in Minnesota as of May 2025. On this page you will find:

• How to request public records
• Who may request public records
• Fees associated with public records requests
• Required response times for requests
• Exemptions to public records requests

How to request public records in Minnesota

Minnesota requires that all public agencies designate an official records custodian in order to manage records requests. According to the Minnesota Department of Administration, requestors need to contact the government office that holds the requested information and identify the "responsible authority" of that office that manages information requests. Each office has different requirements for information requests, including whether or not the request has to be in written form.

Purpose and use

According to Chapter 13.05 the Minnesota Data Practices Act, a person does not have to give a reason why they are requesting data unless authorized by statute:

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Private or confidential data on an individual shall not be collected, stored, used, or disseminated by government entities for any purposes other than those stated to the individual at the time of collection in accordance with section 13.04, except as provided in this subdivision. (a) Data collected prior to August 1, 1975, and which have not been treated as public data, may be used, stored, and disseminated for the purposes for which the data was originally collected or for purposes which are specifically approved by the commissioner as necessary to public health, safety, or welfare. (b) Private or confidential data may be used and disseminated to individuals or entities specifically authorized access to that data by state, local, or federal law enacted or promulgated after the collection of the data. (c) Private or confidential data may be used and disseminated to individuals or entities subsequent to the collection of the data when the responsible authority maintaining the data has requested approval for a new or different use or dissemination of the data and that request has been specifically approved by the commissioner as necessary to carry out a function assigned by law. (d) Private data may be used by and disseminated to any person or entity if the individual subject or subjects of the data have given their informed consent. Whether a data subject has given informed consent shall be determined by rules of the commissioner. The responsible authority may require a person requesting copies of data under this paragraph to pay the actual costs of making and certifying the copies. (e) Private or confidential data on an individual may be discussed at a meeting open to the public to the extent provided in section 13D.05.

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Who may request public records?

See also: List of who can make public record requests by state

Anyone may request public records in Minnesota. They are also entitled to have the data explained to them if they don't understand it. According to Chapter 13.03 of the Minnesota Data Practices Act:

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Upon request to a responsible authority or designee, a person shall be permitted to inspect and copy public government data at reasonable times and places, and, upon request, shall be informed of the data's meaning. 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.

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Minnesota is among 42 states that do not require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

While the law indicates that there shall be no fees for inspection of records, it allows for the charging of fees when someone requests a copy of the records. These fees can include the cost of duplication as well as the labor costs involved in the search. However, they cannot charge for the separation of public and private data. However, if the records are intended for commercial purposes an additional fee may be charged. The following sections of Chapter 13.03 of the Minnesota Data Practices Act address fees:

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Nothing in this section prohibits a government entity from charging a reasonable fee for remote access to data under a specific statutory grant of authority. A government entity may charge a fee for remote access to data where either the data or the access is enhanced at the request of the person seeking access. (c) The responsible authority or designee shall provide copies of public data upon request. If a person requests copies or electronic transmittal of the data to the person, the responsible authority may require the requesting person to pay the actual costs of searching for and retrieving government data, including the cost of employee time, and for making, certifying, and electronically transmitting the copies of the data or the data, but may not charge for separating public from not public data. However, if 100 or fewer pages of black and white, letter or legal size paper copies are requested, actual costs shall not be used, and instead, the responsible authority may charge no more than 25 cents for each page copied. If the responsible authority or designee is not able to provide copies at the time a request is made, copies shall be supplied as soon as reasonably possible. (d) When a request under this subdivision involves any person's receipt of copies of public government data that has commercial value and is a substantial and discrete portion of or an entire formula, pattern, compilation, program, device, method, technique, process, database, or system developed with a significant expenditure of public funds by the government entity, the responsible authority may charge a reasonable fee for the information in addition to the costs of making and certifying the copies. Any fee charged must be clearly demonstrated by the government entity to relate to the actual development costs of the information. The responsible authority, upon the request of any person, shall provide sufficient documentation to explain and justify the fee being charged. (e) The responsible authority of a government entity that maintains public government data in a computer storage medium shall provide to any person making a request under this section a copy of any public data contained in that medium, in electronic form, if the government entity can reasonably make the copy or have a copy made. This does not require a government entity to provide the data in an electronic format or program that is different from the format or program in which the data are maintained by the government entity. The entity may require the requesting person to pay the actual cost of providing the copy. (f) If the responsible authority or designee determines that the requested data is classified so as to deny the requesting person access, the responsible authority or designee shall inform the requesting person of the determination either orally at the time of the request, or in writing as soon after that time as possible, and shall cite the specific statutory section, temporary classification, or specific provision of federal law on which the determination is based. Upon the request of any person denied access to data, the responsible authority or designee shall certify in writing that the request has been denied and cite the specific statutory section, temporary classification, or specific provision of federal law upon which the denial was based.

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Response time

See also: Request response times by state

The Minnesota Department of Administration stipulates the response time for information requests:

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If you are not the data subject, the government must respond within a reasonable amount of time. The government cannot require you to identify yourself or ask why you are requesting the information. If you are the data subject, the government must respond immediately or within ten business days.

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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

Exemptions for certain information requests are based on the type of information requested. According to Chapter 13.05, confidential information on individuals is limited to specific uses authorized by state or federal law:

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Collection and storage of all data on individuals and the use and dissemination of private and confidential data on individuals shall be limited to that necessary for the administration and management of programs specifically authorized by the legislature or local governing body or mandated by the federal government.

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To see how different types of data are treated based on their classification, see this guide from the Minnesota Department of Administration.

See also

• Freedom of Information Act

External links

• Minnesota Government Data Practices Act
• Minnesota State Archives
• Minnesota Data Practices Office