HF 3986

2nd Engrossment - 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; permitting 
  1.3             individuals to restrict the release of certain public 
  1.4             data on them held by state agencies; amending 
  1.5             Minnesota Statutes 1998, sections 13.04, subdivision 
  1.6             2; 168.346; and 171.12, subdivision 7. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 13.04, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] 
  1.11  (a) An individual asked to supply private or confidential data 
  1.12  concerning the individual shall be informed of:  (a) (1) the 
  1.13  purpose and intended use of the requested data within the 
  1.14  collecting state agency, political subdivision, or statewide 
  1.15  system; (b) (2) whether the individual may refuse or is legally 
  1.16  required to supply the requested data; (c) (3) any known 
  1.17  consequence arising from supplying or refusing to supply private 
  1.18  or confidential data; and (d) (4) the identity of other persons 
  1.19  or entities authorized by state or federal law to receive the 
  1.20  data.  This requirement shall not apply when an individual is 
  1.21  asked to supply investigative data, pursuant to section 13.82, 
  1.22  subdivision 5, to a law enforcement officer. 
  1.23     (b) A state agency that requests an individual to provide 
  1.24  public data concerning the individual must inform the individual 
  1.25  in a clear and conspicuous writing at the time of the request 
  1.26  that the individual has the right provided by this paragraph.  
  2.1   The individual has the right to prohibit disclosure of public 
  2.2   data concerning the individual to any person who seeks directly 
  2.3   or indirectly to sell or attempt to sell a product or service.  
  2.4   The individual may prohibit such disclosure by so indicating in 
  2.5   writing.  The state agency shall promptly implement such a 
  2.6   request received from an individual and shall not disclose data 
  2.7   on the individual for purposes prohibited by this paragraph. 
  2.8      Sec. 2.  Minnesota Statutes 1998, section 168.346, is 
  2.9   amended to read: 
  2.10     168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
  2.11     (a) The registered owner of a motor vehicle may request in 
  2.12  writing that the owner's residence address or name and residence 
  2.13  address be classified as private data on individuals, as defined 
  2.14  in section 13.02, subdivision 12.  The commissioner shall grant 
  2.15  the classification upon receipt of a signed statement by the 
  2.16  owner that the classification is required for the safety of the 
  2.17  owner or the owner's family, if the statement also provides a 
  2.18  valid, existing address where the owner consents to receive 
  2.19  service of process.  The commissioner shall use the mailing 
  2.20  address in place of the residence address in all documents and 
  2.21  notices pertaining to the motor vehicle.  The residence address 
  2.22  or name and residence address and any information provided in 
  2.23  the classification request, other than the mailing address, are 
  2.24  private data on individuals and may be provided to requesting 
  2.25  law enforcement agencies, probation and parole agencies, and 
  2.26  public authorities, as defined in section 518.54, subdivision 9. 
  2.27     (b) An individual registered owner of a motor vehicle must 
  2.28  be informed in a clear and conspicuous manner on the forms for 
  2.29  issuance or renewal of titles and registrations, that the 
  2.30  owner's personal information may be disclosed to any person who 
  2.31  makes a request for the personal information, and that, except 
  2.32  for uses permitted by United States Code, title 18, section 
  2.33  2721, clause (b), the registered owner may prohibit disclosure 
  2.34  of the personal information by so indicating on the form.  For 
  2.35  purposes of this paragraph, access by requesters making requests 
  2.36  described in section 168.345, subdivision 4, is deemed to be 
  3.1   related to public safety.  
  3.2      (c) At the time of registration or renewal, the individual 
  3.3   registered owner of a motor vehicle must also be informed in a 
  3.4   clear and conspicuous manner on forms that the owner's personal 
  3.5   information may be used, rented, or sold solely for bulk 
  3.6   distribution by organizations for business purposes including 
  3.7   surveys, marketing, and solicitation.  The commissioner shall 
  3.8   implement methods and procedures that enable the registered 
  3.9   owner to request that bulk surveys, marketing, or solicitation 
  3.10  not be directed to the owner.  If the registered owner so 
  3.11  requests, the commissioner shall implement the request in a 
  3.12  timely manner and the personal information may not be so used. 
  3.13     (d) To the extent permitted by United States Code, title 
  3.14  18, section 2721, data on individuals provided to register a 
  3.15  motor vehicle is public data on individuals and shall be 
  3.16  disclosed as permitted by United States Code, title 18, section 
  3.17  2721, clause (b) as provided by paragraph (c). 
  3.18     (c) Data that identifies an individual and is collected, 
  3.19  created, or maintained in connection with the issuance or 
  3.20  renewal of a motor vehicle title may be released only as follows:
  3.21     (1) such data shall be released for a use described in 
  3.22  United States Code, title 28, section 2721, paragraph (b), 
  3.23  clause (12) with the express consent of the individual; 
  3.24     (2) the social security number, photograph or image, or 
  3.25  medical or disability information on the individual shall be 
  3.26  released if the individual gives express consent for a use 
  3.27  described in United States Code, title 28, section 2721, 
  3.28  paragraph (b), clauses (1) to (11) and (13); except that the 
  3.29  individual's consent is not required to release any of this data 
  3.30  for a use described in United States Code, title 28, section 
  3.31  2721, paragraph (b), clause (1), (4), (6), or (9); 
  3.32     (3) data, other than the data described in clause (2), 
  3.33  which identifies an individual may be released without the 
  3.34  express consent of the individual for a use described in United 
  3.35  States Code, title 28, section 2721, paragraph (b), clauses (1) 
  3.36  to (10); and 
  4.1      (4) data that identifies an individual may be released as 
  4.2   provided in section 168.345, subdivision 4. 
  4.3      Sec. 3.  Minnesota Statutes 1998, section 171.12, 
  4.4   subdivision 7, is amended to read: 
  4.5      Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant 
  4.6   for a driver's license or a Minnesota identification card may 
  4.7   request that the applicant's residence address be classified as 
  4.8   private data on individuals, as defined in section 13.02, 
  4.9   subdivision 12.  The commissioner shall grant the classification 
  4.10  upon receipt of a signed statement by the individual that the 
  4.11  classification is required for the safety of the applicant or 
  4.12  the applicant's family, if the statement also provides a valid, 
  4.13  existing address where the applicant consents to receive service 
  4.14  of process.  The commissioner shall use the mailing address in 
  4.15  place of the residence address in all documents and notices 
  4.16  pertaining to the driver's license or identification card.  The 
  4.17  residence address and any information provided in the 
  4.18  classification request, other than the mailing address, are 
  4.19  private data on individuals and may be provided to requesting 
  4.20  law enforcement agencies, probation and parole agencies, and 
  4.21  public authorities, as defined in section 518.54, subdivision 9. 
  4.22     (b) An applicant for a driver's license or a Minnesota 
  4.23  identification card must be informed in a clear and conspicuous 
  4.24  manner on the forms for the issuance or renewal that the 
  4.25  applicant's personal information may be disclosed to any person 
  4.26  who makes a request for the personal information, and that 
  4.27  except for uses permitted by United States Code, title 18, 
  4.28  section 2721, clause (b), the applicant may prohibit disclosure 
  4.29  of the personal information by so indicating on the form. 
  4.30     (c) An applicant for a driver's license or a Minnesota 
  4.31  identification card must be also informed in a clear and 
  4.32  conspicuous manner on forms that the applicant's personal 
  4.33  information may be used, rented, or sold solely for bulk 
  4.34  distribution by organizations for business purposes, including 
  4.35  surveys, marketing, or solicitation.  The commissioner shall 
  4.36  implement methods and procedures that enable the applicant to 
  5.1   request that bulk surveys, marketing, or solicitation not be 
  5.2   directed to the applicant.  If the applicant so requests, the 
  5.3   commissioner shall implement the request in a timely manner and 
  5.4   the personal information may not be so used. 
  5.5      (d) To the extent permitted by United States Code, title 
  5.6   18, section 2721, data on individuals provided to obtain a 
  5.7   Minnesota identification card or a driver's license is public 
  5.8   data on individuals and shall be disclosed as permitted by 
  5.9   United States Code, title 18, section 2721, clause (b) as 
  5.10  provided by paragraph (c). 
  5.11     (c) Data that identifies an individual and is collected, 
  5.12  created, or maintained in connection with the issuance or 
  5.13  renewal of a Minnesota identification card or driver's license 
  5.14  may be released as follows: 
  5.15     (1) such data shall be released for a use described in 
  5.16  United States Code, title 28, section 2721, paragraph (b), 
  5.17  clause (12) with the express consent of the individual; 
  5.18     (2) the individual's photograph or image, social security 
  5.19  number, or medical or disability information relating to the 
  5.20  individual shall be released if the individual gives express 
  5.21  consent for a use described in United States Code, title 28, 
  5.22  section 2721, paragraph (b), clauses (1) to (11) and (13); 
  5.23  except that the individual's consent is not required to release 
  5.24  the data for a use described in United States Code, title 28, 
  5.25  section 2721, paragraph (b), clause (1), (4), (6), or (9); and 
  5.26     (3) data, other than the data described in clause (2), that 
  5.27  identifies an individual may be released without the express 
  5.28  consent of the individual for a use described in United States 
  5.29  Code, title 28, section 2721, paragraph (b), clauses (1) to (10).