Minnesota Legislature
HF 3681
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/20/2006 |
Current Version - as introduced
1.12 1.13 1.14 1.15 1.16
1.17 1.18 1.19 1.20 1.21
1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17
2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16
3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27
4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3
A bill for an act
relating to privacy; prohibiting bulk distribution of personal information in
driver's license and motor vehicle records; requiring consent for Internet or
electronic access to records; specifying system security requirements; prohibiting
further use or release of records; establishing fees; providing for remedies
and imposing civil fines; establishing the public safety and financial crimes
account; appropriating money; amending Minnesota Statutes 2004, section
13.6905, subdivision 10; Minnesota Statutes 2005 Supplement, sections 13.6905,
subdivision 3; 168.346, subdivision 1; 171.12, subdivision 7; proposing coding
for new law in Minnesota Statutes, chapter 299A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2005 Supplement, section 13.6905, subdivision 3,
is amended to read:
Subd. 3.
Motor vehicle registration.
deleted text begin Various data ondeleted text end new text begin Access tonew text end motor vehicle
deleted text begin registrations are classified underdeleted text end new text begin registration data is governed bynew text end sections 168.327,
subdivision 3deleted text begin , anddeleted text end new text begin ;new text end 168.346new text begin ; and 299A.682new text end .
Sec. 2.
Minnesota Statutes 2004, section 13.6905, subdivision 10, is amended to read:
Subd. 10.
Driver's license deleted text begin addressdeleted text end new text begin or Minnesota identification cardnew text end .
deleted text begin The
residence address of certain individuals provided to the commissioner of public safetydeleted text end new text begin
Access to datanew text end in deleted text begin drivers'deleted text end new text begin driver's new text end licensenew text begin or Minnesota identification cardnew text end applications is
deleted text begin classified under sectiondeleted text end new text begin governed by sections new text end 171.12deleted text begin , subdivision 7deleted text end new text begin and 299A.682new text end .
Sec. 3.
Minnesota Statutes 2005 Supplement, section 168.346, subdivision 1, is
amended to read:
Subdivision 1.
Vehicle registration data; federal compliance.
(a) new text begin Except as
otherwise provided in this section and section 299A.682, new text end 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.
(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) deleted text begin 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.deleted text end new text begin
The commissioner may disclose a registered owner's personal information only in
response to single inquiries for information. The commissioner must not disclose personal
information in the form of lists or other bulk distribution. This paragraph does not apply
to the release of information to a government agency as authorized under United States
Code, title 18, section 2721, paragraph (b), clause (1). Electronic or Internet access to
personal information is governed by section 299A.682.
new text end
Sec. 4.
Minnesota Statutes 2005 Supplement, section 171.12, subdivision 7, is
amended to read:
Subd. 7.
Privacy of data.
(a) new text begin Except as otherwise provided in this section and
section 299A.682, new text end 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.
(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 requestdeleted text begin and the information may be useddeleted text end .
(c) deleted text begin 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.deleted text end new text begin The commissioner may disclose an
applicant's personal information only in response to single inquiries for information. The
commissioner must not disclose personal information in the form of lists or other bulk
distribution. This paragraph does not apply to the release of information to a government
agency as authorized under United States Code, title 18, section 2721, paragraph (b),
clause (1). Electronic or Internet access to personal information is governed by section
299A.682.
new text end
(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 518.54, subdivision 9.
Sec. 5.
new text begin
[299A.682] ELECTRONIC OR INTERNET ACCESS TO PERSONAL
INFORMATION IN MOTOR VEHICLE OR DRIVER'S LICENSE RECORDS;
FEES.
new text end
new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
The commissioner of public safety shall establish a system
for electronic or Internet access to personal information in motor vehicle registration
or driver's license or Minnesota identification card records, as permitted under section
168.346 or 171.12. Personal information may be disclosed by electronic means or through
the Internet only if the subject of the information has consented to this type of disclosure,
unless the disclosure is to a government agency as authorized under United States Code,
title 18, section 2721, paragraph (b), clause (1).
new text end
new text begin Subd. 2. new text end
new text begin System requirements. new text end
new text begin
The system must include:
new text end
new text begin
(1) methods for verifying that a person requesting access to the system is doing so
for a permissible use under United States Code, title 18, section 2721;
new text end
new text begin
(2) permissible user agreements under which the person agrees to comply with the
requirements of state and federal law, including a prohibition on the use of the personal
information in a manner not specified in the agreement and on the resale or redisclosure
of the information;
new text end
new text begin
(3) documentation requirements under which users must maintain a record of the
consent of the subject of the data to the disclosure and of persons to whom an authorized
resale or release of the information is made for at least five years after the consent or
resale or release;
new text end
new text begin
(4) specification of the types of personal information that may be released based on
the permissible use for which access is obtained;
new text end
new text begin
(5) establishment of user passwords and other security mechanisms necessary for
ensuring the integrity of the system and the prevention of unlawful access to or use of
personal information;
new text end
new text begin
(6) system audit requirements, including provisions in user agreements that allow the
state to inspect user systems and records to determine compliance with the requirements
of applicable law and the agreement and provisions for tracking transactions involving
access to personal information on an individual for at least five years;
new text end
new text begin
(7) a requirement that the user file a bond with the commissioner in an amount to
be determined by the commissioner, or pay to the commissioner an equivalent sum of
cash to be held by the commissioner, as surety for compliance with the user agreement
and the requirements of this section; and
new text end
new text begin
(8) mechanisms for payment of user fees.
new text end
new text begin Subd. 3. new text end
new text begin Fees. new text end
new text begin
(a) The commissioner shall charge the following fees for the use of
the system established under this section:
new text end
new text begin
(1) $....... application fee; and
new text end
new text begin
(2) $....... fee for each inquiry for personal information on an individual.
new text end
new text begin
(b) The commissioner shall charge a fee of $....... for each inquiry for personal
information on an individual that is made in person, by mail, or other means that does
not involve electronic or Internet access.
new text end
new text begin Subd. 4. new text end
new text begin Remedies. new text end
new text begin
The remedies and penalties in section 8.31 apply to a user of
personal information who violates this section or the terms of a user agreement entered
into under this section. In addition, the court may impose a civil penalty in an amount
authorized under section 8.31 or $1,000 per individual violation, whichever is greater.
new text end
Sec. 6.
new text begin
[299A.683] PUBLIC SAFETY AND FINANCIAL CRIMES ACCOUNT.
new text end
new text begin
A public safety and financial crimes account is created in the special revenue fund
consisting of the fees collected under section 299A.682, subdivision 3. Fifty percent of the
money in the account is annually appropriated to the commissioner of public safety for
purposes of operating the system for electronic or Internet access to personal information
under section 299A.682 and 50 percent of the money in the account is annually
appropriated to the commissioner of public safety for purposes of the operations of the
Minnesota Financial Crimes Task Force established under section 299A.681, subdivision
3. The commissioner shall make specialized financial crimes prosecutors' grants as
recommended by the Minnesota Financial Crimes Oversight Council in consultation with
representatives of county attorneys and the attorney general.
new text end