Helmberger v. Johnson Controls, Inc.

I agree with the court that Johnson’s contract with Architectural Resources is not subject to the Minnesota Government Data Practices Act, Minn.Stat. §§ 13.01-.90 (2012). I disagree, however, with the court’s blanket conclusion that data held by a private person performing a government function are nonpublic. In my view, whether data in the possession of a private person1 as a result of a government *533contract is public depends on whether the contract calls for the contractor to perform a government function. Thus, in this case, whether Johnson must comply with the Act depends on whether its…