Your Private Data Becomes Public
Recently there has been a debate about whether your private data becomes public under a government managed solid waste system. City Hall claims NO. The truth is a bit more complex but leads to an answer of YES.
(Note: when you choose your own hauler (or electrician, plumber, etc.), your data is private between you and your hauler (or electrician, plumber, etc.))
Concerning government managed solid waste systems, where the city picks your hauler, tells you what services you will get, determines the price you pay, this is how your private data becomes public:
Minnesota law addresses public information in cases where a city takes over management of the solid waste system, in the contract provision clause found in Minnesota Statutes 13.05, subd. 11. The second place in law where public information and the trash hauling industry intersect is in 115A.93, subd. 5, which applies to all trash hauling systems.
The first law states that when government enters into a contract with a private party or company, all the information they have as it relates to that contract is to be treated no differently than how the same type of information would be treated if it was held by a city government.
The second law narrowly states that customer lists provided to cities or counties by solid waste collectors are private data.
The question you want to know, is whether your private data, including seasonal/vacation holds, container size, names, addresses, phone numbers, etc. you share with your hauler will become public? The answer is YES.
City Hall claims that the law stating customer lists are private means everything is private. Clearly that isn't what the law states. The courts have long ruled that government is to always err on the side of openness. If in doubt, it is public. Our entire system of data privacy has been built around this principle for 50 years, since Nixon and Watergate.
The claims made by City Hall are ridiculous on their face. When City Hall claims that they are not doing billing, and therefore will not have this information, then clearly the first law applies and the second one does not. The second law states customer lists provided to cities... If City Hall claims they will not have this information, then clearly it was not provided to them, and the second statute does not apply.
More importantly concerns what happens with the emails you send or phone calls you would make to your government ordered solid waste hauler? With few exceptions, that is all public information.
You send a communication to your government ordered solid waste hauler telling them that you will be out of town, well that is public information.
City Hall orders the hauler to record video of everything that comes out of every can into the truck (which they currently do in California), that is public. Clearly video, phone calls, emails, letters, are not "customer lists" under any circumstances.
Don't believe government is directing haulers to video what you throw away? Just read this article from California to see what will soon be everywhere. (11/1/20 Monterey County Herald, Smile your trash is getting its picture taken)
City Hall would love to debate this issue all day and muddy the waters with confusion, but frankly it is quite simple.
Here is the simple answer: When you pick your own hauler, whatever you choose to share with your hauler, whether that be vacation time, special services, alternative contact information, will most definitely be kept private by your hauler. Clearly they have zero incentive to share your personal information with anyone else, including competitors.
When government takes over management of the solid waste system, you can almost guarantee that information which you think is private will become public.
(Note: when you choose your own hauler (or electrician, plumber, etc.), your data is private between you and your hauler (or electrician, plumber, etc.))
Concerning government managed solid waste systems, where the city picks your hauler, tells you what services you will get, determines the price you pay, this is how your private data becomes public:
Minnesota law addresses public information in cases where a city takes over management of the solid waste system, in the contract provision clause found in Minnesota Statutes 13.05, subd. 11. The second place in law where public information and the trash hauling industry intersect is in 115A.93, subd. 5, which applies to all trash hauling systems.
The first law states that when government enters into a contract with a private party or company, all the information they have as it relates to that contract is to be treated no differently than how the same type of information would be treated if it was held by a city government.
The second law narrowly states that customer lists provided to cities or counties by solid waste collectors are private data.
The question you want to know, is whether your private data, including seasonal/vacation holds, container size, names, addresses, phone numbers, etc. you share with your hauler will become public? The answer is YES.
City Hall claims that the law stating customer lists are private means everything is private. Clearly that isn't what the law states. The courts have long ruled that government is to always err on the side of openness. If in doubt, it is public. Our entire system of data privacy has been built around this principle for 50 years, since Nixon and Watergate.
The claims made by City Hall are ridiculous on their face. When City Hall claims that they are not doing billing, and therefore will not have this information, then clearly the first law applies and the second one does not. The second law states customer lists provided to cities... If City Hall claims they will not have this information, then clearly it was not provided to them, and the second statute does not apply.
More importantly concerns what happens with the emails you send or phone calls you would make to your government ordered solid waste hauler? With few exceptions, that is all public information.
You send a communication to your government ordered solid waste hauler telling them that you will be out of town, well that is public information.
City Hall orders the hauler to record video of everything that comes out of every can into the truck (which they currently do in California), that is public. Clearly video, phone calls, emails, letters, are not "customer lists" under any circumstances.
Don't believe government is directing haulers to video what you throw away? Just read this article from California to see what will soon be everywhere. (11/1/20 Monterey County Herald, Smile your trash is getting its picture taken)
City Hall would love to debate this issue all day and muddy the waters with confusion, but frankly it is quite simple.
Here is the simple answer: When you pick your own hauler, whatever you choose to share with your hauler, whether that be vacation time, special services, alternative contact information, will most definitely be kept private by your hauler. Clearly they have zero incentive to share your personal information with anyone else, including competitors.
When government takes over management of the solid waste system, you can almost guarantee that information which you think is private will become public.
Updated 11/1/24