HF 3986

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; restricting the 
  1.3             use of certain public data on individuals held by 
  1.4             state agencies or statewide systems; amending 
  1.5             Minnesota Statutes 1998, sections 13.87, subdivision 
  1.6             2; 168.346; 171.12, subdivision 7; and 201.091, 
  1.7             subdivisions 4 and 5; Minnesota Statutes 1999 
  1.8             Supplement, sections 10A.35; and 13.03, subdivision 3; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 13. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12                             ARTICLE 1
  1.13                  LIMITING USE OF INDIVIDUAL DATA
  1.14     Section 1.  [13.035] [RESTRICTIONS ON USE OF PUBLIC DATA ON 
  1.15  INDIVIDUALS.] 
  1.16     (a) Public data identifying individuals which is obtained 
  1.17  from a state agency or statewide system must not be used 
  1.18  directly or indirectly to sell or attempt to sell a product or 
  1.19  service.  A person seeking copies of such data from a state 
  1.20  agency or statewide system must state under the penalties of 
  1.21  perjury that: 
  1.22     (1) the data will not be used to sell or attempt to sell a 
  1.23  product or service; or 
  1.24     (2) the data will be used for a purpose authorized by law 
  1.25  and must cite the applicable law. 
  1.26     (b) This section does not prohibit the use of public data 
  1.27  identifying individuals for a scholarly, journalistic, or 
  1.28  governmental purpose or for any purpose authorized by law. 
  2.1      (c) For purposes of this section, "governmental purpose" 
  2.2   includes a request for proposals from a state agency or 
  2.3   statewide system or bidding on or carrying out a contract with a 
  2.4   state agency or statewide system. 
  2.5      Sec. 2.  Minnesota Statutes 1998, section 168.346, is 
  2.6   amended to read: 
  2.7      168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
  2.8      (a) The registered owner of a motor vehicle may request in 
  2.9   writing that the owner's residence address or name and residence 
  2.10  address be classified as private data on individuals, as defined 
  2.11  in section 13.02, subdivision 12.  The commissioner shall grant 
  2.12  the classification upon receipt of a signed statement by the 
  2.13  owner that the classification is required for the safety of the 
  2.14  owner or the owner's family, if the statement also provides a 
  2.15  valid, existing address where the owner consents to receive 
  2.16  service of process.  The commissioner shall use the mailing 
  2.17  address in place of the residence address in all documents and 
  2.18  notices pertaining to the motor vehicle.  The residence address 
  2.19  or name and residence address and any information provided in 
  2.20  the classification request, other than the mailing address, are 
  2.21  private data on individuals and may be provided to requesting 
  2.22  law enforcement agencies, probation and parole agencies, and 
  2.23  public authorities, as defined in section 518.54, subdivision 9. 
  2.24     (b) An individual registered owner of a motor vehicle must 
  2.25  be informed in a clear and conspicuous manner on the forms for 
  2.26  issuance or renewal of titles and registrations, that the 
  2.27  owner's personal information may be disclosed to any person who 
  2.28  makes a request for the personal information, and that, except 
  2.29  for uses permitted by United States Code, title 18, section 
  2.30  2721, clause (b), the registered owner may prohibit disclosure 
  2.31  of the personal information by so indicating on the form.  For 
  2.32  purposes of this paragraph, access by requesters making requests 
  2.33  described in section 168.345, subdivision 4, is deemed to be 
  2.34  related to public safety.  
  2.35     (c) At the time of registration or renewal, the individual 
  2.36  registered owner of a motor vehicle must also be informed in a 
  3.1   clear and conspicuous manner on forms that the owner's personal 
  3.2   information may be used, rented, or sold solely for bulk 
  3.3   distribution by organizations for business purposes including 
  3.4   surveys, marketing, and solicitation.  The commissioner shall 
  3.5   implement methods and procedures that enable the registered 
  3.6   owner to request that bulk surveys, marketing, or solicitation 
  3.7   not be directed to the owner.  If the registered owner so 
  3.8   requests, the commissioner shall implement the request in a 
  3.9   timely manner and the personal information may not be so used. 
  3.10     (d) To the extent permitted by United States Code, title 
  3.11  18, section 2721, data on individuals provided to register a 
  3.12  motor vehicle is public data on individuals and shall be 
  3.13  disclosed as permitted by United States Code, title 18, section 
  3.14  2721, clause (b) as provided by paragraph (c). 
  3.15     (c) Data that identifies an individual and is collected, 
  3.16  created, or maintained in connection with the issuance or 
  3.17  renewal of a motor vehicle title may be released only as follows:
  3.18     (1) no such data shall be released for a use described in 
  3.19  United States Code, title 28, section 2721, paragraph (b), 
  3.20  clause (12); 
  3.21     (2) the social security number, photograph or image, or 
  3.22  medical or disability information on the individual shall be 
  3.23  released if the individual gives express consent for a use 
  3.24  described in United States Code, title 28, section 2721, 
  3.25  paragraph (b), clauses (1) to (11) and (13); except that the 
  3.26  individual's consent is not required to release any of this data 
  3.27  for a use described in United States Code, title 28, section 
  3.28  2721, paragraph (b), clause (1), (4), (6), or (9); 
  3.29     (3) data, other than the data described in clause (2), 
  3.30  which identifies an individual may be released without the 
  3.31  express consent of the individual for a use described in United 
  3.32  States Code, title 28, section 2721, paragraph (b), clauses (1) 
  3.33  to (10); and 
  3.34     (4) data that identifies an individual may be released as 
  3.35  provided in section 168.345, subdivision 4. 
  3.36     Sec. 3.  Minnesota Statutes 1998, section 171.12, 
  4.1   subdivision 7, is amended to read: 
  4.2      Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant 
  4.3   for a driver's license or a Minnesota identification card may 
  4.4   request that the applicant's residence address be classified as 
  4.5   private data on individuals, as defined in section 13.02, 
  4.6   subdivision 12.  The commissioner shall grant the classification 
  4.7   upon receipt of a signed statement by the individual that the 
  4.8   classification is required for the safety of the applicant or 
  4.9   the applicant's family, if the statement also provides a valid, 
  4.10  existing address where the applicant consents to receive service 
  4.11  of process.  The commissioner shall use the mailing address in 
  4.12  place of the residence address in all documents and notices 
  4.13  pertaining to the driver's license or identification card.  The 
  4.14  residence address and any information provided in the 
  4.15  classification request, other than the mailing address, are 
  4.16  private data on individuals and may be provided to requesting 
  4.17  law enforcement agencies, probation and parole agencies, and 
  4.18  public authorities, as defined in section 518.54, subdivision 9. 
  4.19     (b) An applicant for a driver's license or a Minnesota 
  4.20  identification card must be informed in a clear and conspicuous 
  4.21  manner on the forms for the issuance or renewal that the 
  4.22  applicant's personal information may be disclosed to any person 
  4.23  who makes a request for the personal information, and that 
  4.24  except for uses permitted by United States Code, title 18, 
  4.25  section 2721, clause (b), the applicant may prohibit disclosure 
  4.26  of the personal information by so indicating on the form. 
  4.27     (c) An applicant for a driver's license or a Minnesota 
  4.28  identification card must be also informed in a clear and 
  4.29  conspicuous manner on forms that the applicant's personal 
  4.30  information may be used, rented, or sold solely for bulk 
  4.31  distribution by organizations for business purposes, including 
  4.32  surveys, marketing, or solicitation.  The commissioner shall 
  4.33  implement methods and procedures that enable the applicant to 
  4.34  request that bulk surveys, marketing, or solicitation not be 
  4.35  directed to the applicant.  If the applicant so requests, the 
  4.36  commissioner shall implement the request in a timely manner and 
  5.1   the personal information may not be so used. 
  5.2      (d) To the extent permitted by United States Code, title 
  5.3   18, section 2721, data on individuals provided to obtain a 
  5.4   Minnesota identification card or a driver's license is public 
  5.5   data on individuals and shall be disclosed as permitted by 
  5.6   United States Code, title 18, section 2721, clause (b) as 
  5.7   provided by paragraph (c). 
  5.8      (c) Data that identifies an individual and is collected, 
  5.9   created, or maintained in connection with the issuance or 
  5.10  renewal of a Minnesota identification card or driver's license 
  5.11  may be released as follows: 
  5.12     (1) no such data shall be released for a use described in 
  5.13  United States Code, title 28, section 2721, paragraph (b), 
  5.14  clause (12); 
  5.15     (2) the individual's photograph or image, social security 
  5.16  number, or medical or disability information relating to the 
  5.17  individual shall be released if the individual gives express 
  5.18  consent for a use described in United States Code, title 28, 
  5.19  section 2721, paragraph (b), clauses (1) to (11) and (13); 
  5.20  except that the individual's consent is not required to release 
  5.21  the data for a use described in United States Code, title 28, 
  5.22  section 2721, paragraph (b), clause (1), (4), (6), or (9); and 
  5.23     (3) data, other than the data described in clause (2), that 
  5.24  identifies an individual may be released without the express 
  5.25  consent of the individual for a use described in United States 
  5.26  Code, title 28, section 2721, paragraph (b), clauses (1) to (10).
  5.27                             ARTICLE 2
  5.28                       CONFORMING AMENDMENTS
  5.29     Section 1.  Minnesota Statutes 1999 Supplement, section 
  5.30  10A.35, is amended to read: 
  5.31     10A.35 [COMMERCIAL USE OF INFORMATION PROHIBITED.] 
  5.32     Information copied from reports and statements filed with 
  5.33  the board may not be sold or used by an individual or 
  5.34  association for a commercial purpose.  Purposes related to 
  5.35  elections, political activities, or law enforcement are not 
  5.36  commercial purposes.  An individual or association who violates 
  6.1   this section is subject to a civil penalty of up to $1,000.  An 
  6.2   individual who knowingly violates this section is guilty of a 
  6.3   misdemeanor.  
  6.4      Sec. 2.  Minnesota Statutes 1999 Supplement, section 13.03, 
  6.5   subdivision 3, is amended to read: 
  6.6      Subd. 3.  [REQUEST FOR ACCESS TO DATA.] (a) Upon request to 
  6.7   a responsible authority or designee, a person shall be permitted 
  6.8   to inspect and copy public government data at reasonable times 
  6.9   and places, and, upon request, shall be informed of the data's 
  6.10  meaning.  If a person requests access for the purpose of 
  6.11  inspection, the responsible authority may not assess a charge or 
  6.12  require the requesting person to pay a fee to inspect data.  
  6.13     (b) For purposes of this section, "inspection" includes, 
  6.14  but is not limited to, the visual inspection of paper and 
  6.15  similar types of government data.  Inspection does not include 
  6.16  printing copies by the government entity, unless printing a copy 
  6.17  is the only method to provide for inspection of the data.  In 
  6.18  the case of data stored in electronic form and made available in 
  6.19  electronic form on a remote access basis to the public by the 
  6.20  government entity, inspection includes remote access to the data 
  6.21  by the public and the ability to print copies of or download the 
  6.22  data on the public's own computer equipment.  Nothing in this 
  6.23  section prohibits a government entity from charging a reasonable 
  6.24  fee for remote access to data under a specific statutory grant 
  6.25  of authority.  A government entity may charge a fee for remote 
  6.26  access to data where either the data or the access is enhanced 
  6.27  at the request of the person seeking access. 
  6.28     (c) The responsible authority or designee shall provide 
  6.29  copies of public data upon request, except as otherwise limited 
  6.30  by section 13.035.  If a person requests copies or electronic 
  6.31  transmittal of the data to the person, the responsible authority 
  6.32  may require the requesting person to pay the actual costs of 
  6.33  searching for and retrieving government data, including the cost 
  6.34  of employee time, and for making, certifying, compiling, and 
  6.35  electronically transmitting the copies of the data or the data, 
  6.36  but may not charge for separating public from not public data.  
  7.1   If the responsible authority or designee is not able to provide 
  7.2   copies at the time a request is made, copies shall be supplied 
  7.3   as soon as reasonably possible. 
  7.4      (d) When a request under this subdivision involves any 
  7.5   person's receipt of copies of public government data that has 
  7.6   commercial value and is a substantial and discrete portion of or 
  7.7   an entire formula, pattern, compilation, program, device, 
  7.8   method, technique, process, database, or system developed with a 
  7.9   significant expenditure of public funds by the agency, the 
  7.10  responsible authority may charge a reasonable fee for the 
  7.11  information in addition to the costs of making, certifying, and 
  7.12  compiling the copies.  Any fee charged must be clearly 
  7.13  demonstrated by the agency to relate to the actual development 
  7.14  costs of the information.  The responsible authority, upon the 
  7.15  request of any person, shall provide sufficient documentation to 
  7.16  explain and justify the fee being charged.  
  7.17     (e) If the responsible authority or designee determines 
  7.18  that the requested data is classified so as to deny the 
  7.19  requesting person access, the responsible authority or designee 
  7.20  shall inform the requesting person of the determination either 
  7.21  orally at the time of the request, or in writing as soon after 
  7.22  that time as possible, and shall cite the specific statutory 
  7.23  section, temporary classification, or specific provision of 
  7.24  federal law on which the determination is based.  Upon the 
  7.25  request of any person denied access to data, the responsible 
  7.26  authority or designee shall certify in writing that the request 
  7.27  has been denied and cite the specific statutory section, 
  7.28  temporary classification, or specific provision of federal law 
  7.29  upon which the denial was based.  
  7.30     Sec. 3.  Minnesota Statutes 1998, section 13.87, 
  7.31  subdivision 2, is amended to read: 
  7.32     Subd. 2.  [CLASSIFICATION.] Criminal history data 
  7.33  maintained by agencies, political subdivisions and statewide 
  7.34  systems are classified as private, pursuant to section 13.02, 
  7.35  subdivision 12, except that data created, collected, or 
  7.36  maintained by the bureau of criminal apprehension that identify 
  8.1   an individual who was convicted of a crime and the offense of 
  8.2   which the individual was convicted are public data for 15 years 
  8.3   following the discharge of the sentence imposed for the offense. 
  8.4      The bureau of criminal apprehension shall provide to the 
  8.5   public at the central office of the bureau the ability to 
  8.6   inspect in person, at no charge, through a computer monitor the 
  8.7   criminal conviction data classified as public under this 
  8.8   subdivision. 
  8.9      Notwithstanding section 13.035, criminal history data 
  8.10  classified as public by this subdivision may be used for any 
  8.11  purpose. 
  8.12     Sec. 4.  Minnesota Statutes 1998, section 201.091, 
  8.13  subdivision 4, is amended to read: 
  8.14     Subd. 4.  [PUBLIC INFORMATION LISTS.] The county auditor 
  8.15  shall make available for inspection a public information list 
  8.16  which must contain the name, address, year of birth, and voting 
  8.17  history of each registered voter in the county.  The telephone 
  8.18  number must be included on the list if provided by the voter.  
  8.19  The public information list may also include information on 
  8.20  voting districts.  The county auditor may adopt reasonable rules 
  8.21  governing access to the list.  No individual inspecting the 
  8.22  public information list shall tamper with or alter it in any 
  8.23  manner.  No individual who inspects the public information list 
  8.24  or who acquires a list of registered voters prepared from the 
  8.25  public information list may use any information contained in the 
  8.26  list for purposes unrelated to elections, political activities, 
  8.27  or law enforcement.  The secretary of state may provide copies 
  8.28  of the public information lists and other information from the 
  8.29  statewide registration system for uses related to elections, 
  8.30  political activities, or in response to a law enforcement 
  8.31  inquiry from a public official concerning a failure to comply 
  8.32  with any criminal statute or any state or local tax statute. 
  8.33     Before inspecting the public information list or obtaining 
  8.34  a list of voters or other information from the list, the 
  8.35  individual shall provide identification to the public official 
  8.36  having custody of the public information list and shall state in 
  9.1   writing that any information obtained from the list will not be 
  9.2   used for purposes unrelated to elections, political activities, 
  9.3   or law enforcement.  Requests to examine or obtain information 
  9.4   from the public information lists or the statewide registration 
  9.5   system must be made and processed in the manner provided in the 
  9.6   rules of the secretary of state. 
  9.7      Upon receipt of a written request and a copy of the court 
  9.8   order, the secretary of state may withhold from the public 
  9.9   information list the name of any registered voter placed under 
  9.10  court-ordered protection. 
  9.11     Sec. 5.  Minnesota Statutes 1998, section 201.091, 
  9.12  subdivision 5, is amended to read: 
  9.13     Subd. 5.  [COPY OF LIST TO REGISTERED VOTER.] The county 
  9.14  auditors and the secretary of state shall provide paper copies 
  9.15  of the public information lists and may provide the lists in 
  9.16  some other form to any voter registered in Minnesota within ten 
  9.17  days of receiving a written request accompanied by payment of 
  9.18  the cost of reproduction.  The county auditors and the secretary 
  9.19  of state shall make a copy of the list available for public 
  9.20  inspection without cost.  An individual who inspects or acquires 
  9.21  a copy of a public information list may not use any information 
  9.22  contained in it for purposes unrelated to elections, political 
  9.23  activities, or law enforcement.  No list made available for 
  9.24  public inspection or purchase may include the date of birth of a 
  9.25  registered voter.