Minnesota
Minnesota Government Data Practices Act: Access, Fees, and Body Camera Rules
Minnesota does not have a conventional public records act. Its Government Data Practices Act, Minn. Stat. ch. 13, classifies every piece of government data instead of presuming openness, sets no fixed response deadline, makes inspection and redaction free, and gives police body camera footage its own detailed section.
This page covers data held by Minnesota state agencies, counties, cities, school districts and other government entities under chapter 13. Federal agency records run under the separate federal Freedom of Information Act: see how to file a FOIA request. For the rules in every other state, start at our public records laws by state hub.
The different model: classification, not exemption
Nearly every other state records law works the same way. It declares government records presumptively public, then lists exemptions. A requester's job is to argue that no exemption applies.
Minnesota inverts that. The Government Data Practices Act treats everything a government entity maintains as "government data" and assigns each item a classification. Data on individuals may be public, private or confidential. Data not on individuals may be public, nonpublic or protected nonpublic. The classification determines two separate questions that other states tend to blur: what the general public may see, and what the person the data is about may see. Those answers frequently differ, which is why a Minnesota entity can tell a member of the public "no" and tell the data subject "yes" about the same file without contradicting itself.
Each government entity designates a "responsible authority" who owns compliance. Section 13.03, subd. 2(a) requires that authority to establish procedures ensuring that requests "are received and complied with in an appropriate and prompt manner."
Practically, this changes the question you should ask. Do not ask whether a record is exempt. Ask how the data is classified, and under which statute. A responsible authority who cannot answer that has not done the analysis the Act requires.
The right of access
Section 13.03, subd. 3(a) states the core entitlement: "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."
That last clause is doing real work and is easy to miss. You are entitled not only to the data but to an explanation of what it means, which matters when what you receive is a coded database extract or an internal form with unlabeled fields.
There is no residency or citizenship condition. Subdivision 2(b) adds an access guarantee for researchers, requiring that procedures ensure data are accessible to researchers including historians, genealogists and other scholars, subject to a reasonable schedule.
Deadlines: "prompt," not a number
Minnesota is one of the states with no fixed statutory response deadline, and it is worth being precise about what the statute does say rather than importing a number from elsewhere.
- Requests must be "received and complied with in an appropriate and prompt manner."
- If copies cannot be provided at the time of the request, they "shall be supplied as soon as reasonably possible."
That is the whole of it. There is no 5-day, 10-day or 20-day rule to point at, which cuts both ways. A straightforward request should be filled faster than a fixed deadline state would require, because nothing entitles the entity to sit on it until day ten. A genuinely complex request gets the time it needs without an artificial extension dance. But a requester facing an entity that is simply slow has no bright line to invoke, and that is where the escalation routes below become the practical tool.
One fixed day count does appear in section 13.03, and it runs against the requester. Under subdivision 3(g), if the responsible authority has notified you that data or copies are available for inspection or collection and you do not act within five business days, the entity may suspend further response until you do.
Fees: inspection free, redaction free, 25 cents capped
Minnesota's fee rules are among the most requester-friendly in the country, and three of them are worth memorizing.
Inspection costs nothing. "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."
Redaction costs nothing. When charging for copies, the responsible authority "may not charge for separating public from not public data." In states without that rule, redaction time is frequently the largest line on the invoice.
Small copy requests are capped. 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.
Outside that cap, the responsible authority may charge the actual costs of searching for and retrieving data, including employee time, and of making, certifying and electronically transmitting copies. Data with documented commercial value may carry a reasonable additional charge tied to the cost of developing it.
What chapter 13 does not appear to contain is a fee waiver. Section 13.03 has no indigency waiver and no public-interest waiver, and research for this page did not confirm one elsewhere in the chapter. This page does not assert a waiver right the statute does not state. If cost is a barrier, the honest advice is procedural: inspect rather than copy where you can, keep paper requests under the 100-page cap, ask for electronic transmission, and ask the responsible authority in writing whether that entity has adopted any policy on reducing charges.
How to make a data request in Minnesota
- Address the request to the entity's responsible authority or that person's designee. Every Minnesota government entity must designate one.
- State whether you are requesting inspection or copies. The distinction has a direct fee consequence, and inspection is free.
- State whether you are the subject of the data. A data subject often has access rights that the general public does not, and saying so up front lets the entity apply the right classification analysis.
- Describe the data specifically: subject, date range, unit, and any case, permit or incident number.
- Ask to be informed of the data's meaning if you expect coded or database output. Subdivision 3(a) entitles you to that.
- Watch for a notice that data is ready. You have five business days to inspect or collect before the entity may suspend further response.
Our free FOIA request generator will assemble a Minnesota-specific letter with the right citations, and nothing you enter into it is stored or transmitted.
If the answer is no
Advisory opinion from IPAD. The Information Policy Analysis Division of the Minnesota Department of Administration issues advisory opinions interpreting the Act. The opinions are not binding, but they are free, they are published, and a classification dispute is exactly what they exist to resolve. For a disagreement about how data should be classified rather than about deliberate stonewalling, this is the efficient first move.
Complaint to the Office of Administrative Hearings. Section 13.085 provides the formal administrative remedy. The complaint must be filed within 2 years, in writing and under oath, with a $1,000 filing fee or bond. The respondent answers within 15 business days. An administrative law judge makes a probable cause determination within 20 business days, and a scheduled hearing must occur within 30 business days. The ALJ may dismiss, find a violation, impose a civil penalty of up to $300, or order compliance. A substantially prevailing complainant is presumptively entitled to attorney fees of up to $5,000 and a refund of the filing fee, and judicial review runs under sections 14.63 to 14.69. The $1,000 up-front cost is the practical barrier, which is why the advisory opinion route usually comes first.
Civil action. Section 13.08 provides a separate court remedy. Its text was not independently reviewed for this page, so consult it or a Minnesota attorney before relying on any specific detail of that route.
Body camera footage: the section 13.825 track
Minnesota gives portable recording system data its own statute, and it is more detailed than most states' treatment.
The default. Data collected by a portable recording system are private data on individuals or nonpublic data, subject to the exceptions below.
What is public. Data that record, describe or otherwise document 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 the use of force by a peace officer that results 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, subject to redaction protections for non-consenting third parties and for officers whose identities are protected.
Death from use of force: the 5-day inspection right. When an individual dies as a result of a peace officer's use of force, the involved officer's 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, upon request, to inspect all portable recording system data documenting the incident, redacted no more than what is required by law, within five days of the request.
Death from use of force: the 14-day public release. In that same circumstance 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.
Retention. Data that are not active or inactive criminal investigative data must be kept for at least 90 days. Data documenting a firearm discharge requiring notice, or a use of force causing substantial bodily harm, are kept longer, as are data subject to a formal complaint. Data documenting a peace officer's use of deadly force must be maintained indefinitely.
What the Data Practices Act does not cover
Birth, death and marriage certificates run through the Minnesota Department of Health's Office of Vital Records under eligibility rules tied to your relationship to the person named. See our Minnesota death records guide.
Emergency call audio raises classification questions that differ from ordinary agency data, particularly where an investigation is active. We cover the general framework in Are 911 calls public records?.
Federal agency records fall outside chapter 13 entirely and run under 5 U.S.C. 552, with a 20-working-day determination clock and a formal administrative appeal. See our guide to filing a federal FOIA request.
Information on this page reflects Minnesota law as of August 2026 and is general legal information, not legal advice. Data classifications and agency practices change. For advice on a specific denial or a data practices complaint, consult an attorney licensed in Minnesota.
Frequently Asked Questions
Why does Minnesota call them 'government data' instead of public records?
Because the underlying model is different. Most states start from a presumption that government records are public and then list exemptions. Minnesota's Government Data Practices Act starts by classifying every piece of data a government entity holds into one of several categories. 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. The practical consequence for a requester is that the right question is not 'is this record exempt' but 'how is this data classified, and by which statute.'
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: the procedures a responsible authority establishes must ensure that data are made accessible to researchers, including historians, genealogists and other scholars, subject to a reasonable schedule for 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 under section 13.08, which was cited but not independently reviewed for this page.
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](/us-laws/death-records/minnesota-death-records/) for who may order a certified copy and what identification is required.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- Minnesota Office of the Revisor of Statutes: Minn. Stat. section 13.03, access to government data and fees(revisor.mn.gov).gov
- Minnesota Office of the Revisor of Statutes: Minn. Stat. section 13.085, complaints to the Office of Administrative Hearings(revisor.mn.gov).gov
- Minnesota Office of the Revisor of Statutes: Minn. Stat. section 13.08, civil remedies(revisor.mn.gov).gov
- Minnesota Office of the Revisor of Statutes: Minn. Stat. section 13.825, portable recording systems(revisor.mn.gov).gov
- Minnesota Department of Administration: Information Policy Analysis Division, data practices guidance and advisory opinions(mn.gov).gov