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Minnesota Commissioner Says "Mug Shots" Are Public Records

Upon request of the attorney for Dakota County, Minnesota, the Commissioner of the Minnesota Department of Administration IPAD (Commissioner) opined as to whether "mug shots" (jail booking photos) are public records for disclosure purposes. In her opinion, the Commissioner considered Minn. Stat. § 13.85, subd. 1; Minn. Stat. § 13.03, subd. 1 and Minn. Stat. § 13.82.

She found that neither § 13.32 nor § 13.85 expressly classified mug snots as public records. But in her opinion, § 13.03, the general rule for all government data, did render them disclosable public records. See: Advisory Opinion No. 95-004, 1995 Min. IPAD LEXIS 23 (1995).

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Related legal case

Advisory Opinion No. 95-004