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The Act presumes that government data are public and are accessible by the public for inspection and copying unless there is a federal law, state statute, or temporary classification of data classifying the data as not public or private. Minn. Stat. § 13.02, subd 16. If a city receives a request for government data, it is the role of the city - Minn. Stat. § 13.03, subd.2. appointed "responsible authority" or their designee to respond. Unless the Minn. Stat. § 13.05, subd. 13. council decides otherwise, for statutory or home rule charter cities, the elected or appointed city clerk is the "responsible authority" by default. If a home rule charter does not provide for a city clerk, the "responsible authority" is the chief clerical officer for filing and record keeping purposes. Minn. Stat. § 13.05, subd. 13. The "responsible authority" is responsible for the collection, use, and dissemination of any governmental data as well as other obligations of administering the MGDPA, including preparing a public document containing procedures that the official will use to administer the MGDPA. The "responsible authority" must appoint or also act as a "compliance official." The "compliance official" responds to questions or concerns from persons who are attempting to access data or enforce their rights. The MGDPA is one of the most complex laws that a city has to comply with. Accordingly, all elected officials should consult with the city's responsible authority before releasing any city data. Minn. Stat. § 13.072. Cities may request advisory opinions from the commissioner of the To request an advisory opinion, Department of Administration on any question concerning public access to write to the Commissioner of Administration, coo Data government data, rights of subjects of data, or classification of data. Advisory Practices Office, 201 opinions are not binding, but a court or other tribunal must give deference to Administration Building, 50 Sherburne Ave. St. Paul, the opinion in a proceeding that involves the data in dispute. Cities that take Minnesota 55155, (651) 296- action in conformance with the opinion will not be liable for compensatory or 6733 or (800) 657-3721. exemplary damages, awards of attorney fees, or penalties. Cities interested in DPO opinions. requesting an opinion can contact the Department of Administration, Information Policy Analysis Division. The Department of Administration maintains an index to advisory opinions on its website. The Department of Administration's Data Practices Offices is also responsible for providing free informal advice to members of the public and members of government who have questions about data practices. Minn. Stat. § 13.08. It's important to remember, there are significant administrative remedies and Minn. Stat. § 13.085. civil penalties for willfully releasing private and confidential data and for Navarre v. south Washington willfully refusing to release public data, including attorney's fees. In addition, a County Sch., 652 N.W.2d 9 (Minn.2002). city that violates any provision of the MGDPA is liable for any damage as a result of the violation. The person damaged may bring an action against the city to cover any damages, plus costs and reasonable attorney fees. Minnesota Mayors Chapter 1-10 Association