HF 2795

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 01:52pm

A bill for an act
relating to data practices; modifying standards related to bulk transfer of certain
driver's license and motor vehicle registration data; requiring a study; amending
Minnesota Statutes 2012, sections 168.346, subdivision 1; 171.12, subdivision 7.

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

Section 1.

Minnesota Statutes 2012, section 168.346, subdivision 1, is amended to read:

Subdivision 1.

Vehicle registration data; federal compliance.

(a) Data on an
individual provided to register a vehicle shall be treated as provided by United States
Code, title 18, section 2721, as in effect on May 23, 2005, and shall be disclosed as
required or permitted by that section. new text begin The commissioner shall disclose the data in bulk
form upon request for any of the permissible uses described in United States Code, title
18, section 2721.
new text end

(b) The registered owner of a vehicle who is an individual may consent in writing to
the commissioner to disclose the individual's personal information exempted by United
States Code, title 18, section 2721, to any person who makes a written request for the
personal information. If the registered owner is an individual and so authorizes disclosure,
the commissioner shall implement the request.

(c) If authorized by the registered owner as indicated in paragraph (b), the registered
owner's personal information may be used, rented, or sold solely for bulk distribution by
organizations for business purposes including surveys, marketing, or solicitation.

Sec. 2.

Minnesota Statutes 2012, section 171.12, subdivision 7, is amended to read:

Subd. 7.

Privacy of data.

(a) Data on individuals provided to obtain a driver's license
or Minnesota identification card shall be treated as provided by United States Code, title 18,
section 2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted
by that section. new text begin The commissioner shall disclose the data in bulk form upon request for
any of the permissible uses described in United States Code, title 18, section 2721.
new text end

(b) An applicant for a driver's license or a Minnesota identification card may consent,
in writing, to the commissioner to disclose the applicant's personal information exempted
by United States Code, title 18, section 2721, to any person who makes a request for the
personal information. If the applicant so authorizes disclosures, the commissioner shall
implement the request and the information may be used.

(c) If authorized by an applicant for a driver's license or a Minnesota identification
card, as indicated in paragraph (b), the applicant's personal information may be used,
rented, or sold solely for bulk distribution by organizations for business purposes,
including surveys, marketing, or solicitation.

(d) An applicant for a driver's license, instruction permit, or Minnesota identification
card may request that the applicant's residence address be classified as "private data on
individuals," as defined in section 13.02, subdivision 12. The commissioner shall grant
the classification on receipt of a signed statement by the individual that the classification
is required for the safety of the applicant or the applicant's family, if the statement also
provides a valid, existing address where the applicant consents to receive service of
process. The commissioner shall use the service for process mailing address in place of the
residence address in all documents and notices pertaining to the driver's license, instruction
permit, or Minnesota identification card. The residence address and any information
provided in the classification request, other than the mailing address, are private data on
individuals and may be provided to requesting law enforcement agencies, probation and
parole agencies, and public authorities, as defined in section 518A.26, subdivision 18.

Sec. 3. new text begin REVIEW OF ISSUES RELATED TO THE USE OF STATE MOTOR
VEHICLE REGISTRATION AND DRIVER'S LICENSE DATA; INTERIM STUDY.
new text end

new text begin (a) The commissioners of public safety and administration shall study issues relating
to access to and use of motor vehicle registration and driver's license data held by the
state. The study shall include review of:
new text end

new text begin (1) the legal requirements, practices, and procedures regarding bulk transfer of data
since passage of the federal law;
new text end

new text begin (2) any violations of the federal law or breaches of security by purchasers of bulk
data since passage of the law;
new text end

new text begin (3) the Department of Public Safety's audit requirements and practices and the
results of the department's audits of bulk purchasers of data;
new text end

new text begin (4) revenues received from the sale of bulk data and the costs associated with
providing the data, including options for fees and charges to provide access to the data;
new text end

new text begin (5) issues involving personal privacy, data security, and compliance with the federal
law, including any alternative options for continued bulk access to and use of data, while
protecting personal privacy and ensuring data security;
new text end

new text begin (6) any beneficial or detrimental effect to Minnesota's economy resulting from the
use of, or denial of access to, bulk data; and
new text end

new text begin (7) options for effectively managing any risk of liability to the state that may be
associated with bulk access to data and its use.
new text end

new text begin As used in this section "the federal law" means United States Code, title 18, sections
2721 to 2725.
new text end

new text begin (b) In conducting the study required by this section, the commissioners shall consult
a cross section of private and governmental entities that obtain and use motor vehicle
registration and driver's license data pursuant to Minnesota Statutes, sections 168.346
and 171.12. A report to the legislature containing the commissioners' conclusions and
recommendations must be submitted by January 15, 2015.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end