HF 1555

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:52am

A bill for an act
relating to data practices; classifying electronic licensing data maintained by the
commissioner of natural resources; amending Minnesota Statutes 2008, section
13.7931, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 84.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 13.7931, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Electronic licensing system data. new text end

new text begin Data on individuals created, collected,
stored, or maintained by the department for the purposes of obtaining a noncommercial
game and fish license, cross-country ski pass, horse trail pass, or snowmobile trail sticker;
registering a recreational motor vehicle; or any other electronic licensing transaction are
classified under section 84.0874.
new text end

Sec. 2.

new text begin [84.0874] ELECTRONIC LICENSING SYSTEM DATA.
new text end

new text begin (a) The following data created, collected, stored, or maintained by the department
for purposes of obtaining a noncommercial game and fish license, cross-country ski pass,
horse trail pass, or snowmobile trail sticker; registering a recreational motor vehicle;
or any other electronic licensing transaction are private data on individuals as defined
in section 13.02, subdivision 12: home address, driver's license number, and date of
birth. The data are accessible and may be released for department business functions and
natural resources management purposes, including recruitment, retention, and training
certification and verification.
new text end

new text begin (b) Private data on individuals under paragraph (a) may be disclosed as follows:
new text end

new text begin (1) for use by any government agency, including a court or law enforcement agency,
in carrying out its functions, or any private person or entity acting on behalf of a federal,
state, or local agency in carrying out its functions;
new text end

new text begin (2) for use in connection with matters of vehicle or operator safety and theft,
emissions, product alterations, recalls or advisories, and performance monitoring;
new text end

new text begin (3) for use in the normal course of business by a legitimate business or its agents,
employees, or contractors, in order to verify the accuracy of personal information
submitted by an individual. If the information as submitted is not correct or is no longer
correct, correct information may be obtained only for the purpose of preventing fraud
by, pursuing legal remedies against, or recovering on a debt or security interest against
the individual. If the person requesting access is acting as the agent of a lienholder, the
requestor must submit proof of a contract with the lienholder;
new text end

new text begin (4) for use in connection with any civil, criminal, administrative, or arbitration
proceedings in any federal, state, or local court or agency or before any self-regulatory
body, including service of process, investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or pursuant to an order of a federal,
state, or local court, provided that the requestor provides a copy of the court order;
new text end

new text begin (5) for use in research activities and in producing statistical reports, provided that the
personal information is not published, redisclosed, or used to contact individuals;
new text end

new text begin (6) for use by any insurer or insurance support organization, or by a self-insured
entity, or its agents, employees, or contractors, in connection with claims investigation
activities, antifraud activities, rating, or underwriting. If the person requesting access is an
agent of an insurance company, the requestor must provide the insurance company's name;
new text end

new text begin (7) for use in providing notice to the owners of towed or impounded recreational
vehicles or watercraft. The person requesting access must provide the name, address, and
telephone number of the entity that requested that the recreational vehicle or watercraft
be towed;
new text end

new text begin (8) for use by any licensed private investigative agency or licensed security service
for any purpose permitted under this section, provided that the person provides a copy of
a valid license; and
new text end

new text begin (9) for use by any requester with the written consent of the subject of the data.
new text end