SF 1062

Introduction - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to privacy; allowing individuals to restrict 
  1.3             access to residential addresses for personal safety 
  1.4             reasons; modifying provisions restricting release of 
  1.5             motor vehicle and driver's license data for marketing 
  1.6             purposes; amending Minnesota Statutes 1996, sections 
  1.7             168.346; and 171.12, subdivision 7; proposing coding 
  1.8             for new law in Minnesota Statutes, chapter 13. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [13.495] [PRIVACY OF RESIDENCE ADDRESS.] 
  1.11     If the residence address of an individual is public data, 
  1.12  the individual may request that the residence address be 
  1.13  classified as private data on individuals.  The responsible 
  1.14  authority shall grant the classification upon receipt of a 
  1.15  signed statement by the individual that the classification is 
  1.16  required for the safety of the individual or the individual's 
  1.17  family, if the statement also provides a valid, existing address 
  1.18  where the individual consents to receive service of process and 
  1.19  correspondence from the state agency, statewide system, or 
  1.20  political subdivision.  The state agency, statewide system, or 
  1.21  political subdivision shall use the mailing address in place of 
  1.22  the residence address in all documents, notices, and 
  1.23  correspondence pertaining to the individual.  The residence 
  1.24  address and information provided in the classification request, 
  1.25  other than the mailing address, are private data on individuals 
  1.26  but may be provided to requesting law enforcement agencies, 
  1.27  probation and parole agencies, and public authorities as defined 
  2.1   in section 518.54, subdivision 9. 
  2.2      Sec. 2.  Minnesota Statutes 1996, section 168.346, is 
  2.3   amended to read: 
  2.4      168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
  2.5      (a) The registered owner of a motor vehicle may request in 
  2.6   writing that the owner's residence address or name and residence 
  2.7   address be classified as private data on individuals, as defined 
  2.8   in section 13.02, subdivision 12.  The commissioner shall grant 
  2.9   the classification upon receipt of a signed statement by the 
  2.10  owner that the classification is required for the safety of the 
  2.11  owner or the owner's family, if the statement also provides a 
  2.12  valid, existing address where the owner consents to receive 
  2.13  service of process.  The commissioner shall use the mailing 
  2.14  address in place of the residence address in all documents and 
  2.15  notices pertaining to the motor vehicle.  The residence address 
  2.16  or name and residence address and any information provided in 
  2.17  the classification request, other than the mailing address, are 
  2.18  private data on individuals and may be provided to requesting 
  2.19  law enforcement agencies, probation and parole agencies, and 
  2.20  public authorities, as defined in section 518.54, subdivision 9. 
  2.21     (b) An individual registered owner of a motor vehicle must 
  2.22  be informed in a clear and conspicuous manner on the forms for 
  2.23  issuance or renewal of titles and registrations, that the 
  2.24  owner's personal information may be disclosed to any person who 
  2.25  makes a request for the personal information, and that, except 
  2.26  for uses permitted by United States Code, title 18, section 
  2.27  2721, clause (b), the registered owner may prohibit disclosure 
  2.28  of the personal information by so indicating on the form. 
  2.29     (c) At the time of registration or renewal, the An 
  2.30  individual registered owner of a motor vehicle must also be 
  2.31  informed in a clear and conspicuous manner on the forms for 
  2.32  issuance or renewal of titles and registrations that the owner's 
  2.33  personal information may be used, rented, or sold solely for 
  2.34  bulk distribution by organizations for business purposes 
  2.35  including surveys, marketing, and solicitation.  The 
  2.36  commissioner shall implement methods and procedures that 
  3.1   enable and that the registered owner to may request that bulk 
  3.2   surveys, marketing, or solicitation not be directed to the owner 
  3.3   by so indicating on the form.  If the registered owner so 
  3.4   requests, the commissioner shall implement the request in a 
  3.5   timely manner and the personal information may not be so used. 
  3.6      (d) To the extent permitted by United States Code, title 
  3.7   18, section 2721, data on individuals provided to register a 
  3.8   motor vehicle is public data on individuals and shall be 
  3.9   disclosed as permitted by United States Code, title 18, section 
  3.10  2721, clause (b). 
  3.11     Sec. 3.  Minnesota Statutes 1996, section 171.12, 
  3.12  subdivision 7, is amended to read: 
  3.13     Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant 
  3.14  for a driver's license or a Minnesota identification card may 
  3.15  request that the applicant's residence address be classified as 
  3.16  private data on individuals, as defined in section 13.02, 
  3.17  subdivision 12.  The commissioner shall grant the classification 
  3.18  upon receipt of a signed statement by the individual that the 
  3.19  classification is required for the safety of the applicant or 
  3.20  the applicant's family, if the statement also provides a valid, 
  3.21  existing address where the applicant consents to receive service 
  3.22  of process.  The commissioner shall use the mailing address in 
  3.23  place of the residence address in all documents and notices 
  3.24  pertaining to the driver's license or identification card.  The 
  3.25  residence address and any information provided in the 
  3.26  classification request, other than the mailing address, are 
  3.27  private data on individuals and may be provided to requesting 
  3.28  law enforcement agencies, probation and parole agencies, and 
  3.29  public authorities, as defined in section 518.54, subdivision 9. 
  3.30     (b) An applicant for a driver's license or a Minnesota 
  3.31  identification card must be informed in a clear and conspicuous 
  3.32  manner on the forms for the issuance or renewal that the 
  3.33  applicant's personal information may be disclosed to any person 
  3.34  who makes a request for the personal information, and that 
  3.35  except for uses permitted by United States Code, title 18, 
  3.36  section 2721, clause (b), the applicant may prohibit disclosure 
  4.1   of the personal information by so indicating on the form. 
  4.2      (c) An applicant for a driver's license or a Minnesota 
  4.3   identification card must be also informed in a clear and 
  4.4   conspicuous manner on the forms for issuance or renewal that the 
  4.5   applicant's personal information may be used, rented, or sold 
  4.6   solely for bulk distribution by organizations for business 
  4.7   purposes, including surveys, marketing, or solicitation.  The 
  4.8   commissioner shall implement methods and procedures that 
  4.9   enable and that the applicant to may request that bulk surveys, 
  4.10  marketing, or solicitation not be directed to the applicant by 
  4.11  so indicating on the form.  If the applicant so requests, the 
  4.12  commissioner shall implement the request in a timely manner and 
  4.13  the personal information may not be so used. 
  4.14     (d) To the extent permitted by United States Code, title 
  4.15  18, section 2721, data on individuals provided to obtain a 
  4.16  Minnesota identification card or a driver's license is public 
  4.17  data on individuals and shall be disclosed as permitted by 
  4.18  United States Code, title 18, section 2721, clause (b).