SF 1230

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; prohibiting commissioner 
  1.3             of public safety from disclosing personal information 
  1.4             contained in motor vehicle records; providing 
  1.5             exceptions; appropriating money; amending Minnesota 
  1.6             Statutes 1994, section 13.69, subdivision 1; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 13; 
  1.8             repealing Minnesota Statutes 1994, sections 13.99, 
  1.9             subdivisions 54 and 56; 168.346; and 171.12, 
  1.10            subdivision 7. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [13.685] [DISCLOSURE OF PERSONAL INFORMATION IN 
  1.13  MOTOR VEHICLE RECORDS PROHIBITED; EXCEPTIONS.] 
  1.14     Subdivision 1.  [DEFINITIONS.] (a) The terms used in this 
  1.15  section have the meanings given in this subdivision. 
  1.16     (b) "Commissioner" means the commissioner of public safety 
  1.17  and any of the commissioner's employees or agents. 
  1.18     (c) "Motor vehicle record" means a record pertaining to a 
  1.19  driver's license or permit, Minnesota identification card, motor 
  1.20  vehicle registration, motor vehicle title, or disabled parking 
  1.21  certificate. 
  1.22     (d) "Person" includes individuals, organizations, and 
  1.23  associations, but does not include government agencies. 
  1.24     (e) "Personal information" includes identifying information 
  1.25  about an individual, including an individual's social security 
  1.26  number, driver identification number, name, address excluding 
  1.27  the five-digit zip code, and medical or disability information, 
  1.28  but does not include a driver's license or identification card 
  2.1   photograph or image classified under section 171.07, information 
  2.2   on vehicular accidents classified under section 169.09, driving 
  2.3   violations, or driver's license status. 
  2.4      Subd. 2.  [GENERAL PROHIBITION.] Personal information 
  2.5   contained in motor vehicle records is classified as private data 
  2.6   on individuals or nonpublic data, as defined in section 13.02, 
  2.7   and may not knowingly be disclosed or disseminated by the 
  2.8   commissioner except as required under subdivision 3 or permitted 
  2.9   under subdivision 4. 
  2.10     Subd. 3.  [MANDATORY DISCLOSURES.] Personal information 
  2.11  contained in motor vehicle records must be disclosed for use in 
  2.12  connection with the following matters: 
  2.13     (1) motor vehicle or driver safety and theft; 
  2.14     (2) motor vehicle emissions; 
  2.15     (3) motor vehicle product alterations, recalls, or 
  2.16  advisories; 
  2.17     (4) performance monitoring of motor vehicles and dealers by 
  2.18  motor vehicle manufacturers; and 
  2.19     (5) removal of nonowner records from the original owner 
  2.20  records of motor vehicle manufacturers to carry out the purposes 
  2.21  of the following federal laws:  the Automobile Information 
  2.22  Disclosure Act, United States Code, title 15, chapter 28; the 
  2.23  Motor Vehicle Information and Cost Savings Act, United States 
  2.24  Code, title 15, chapter 46; the National Traffic and Motor 
  2.25  Vehicle Safety Act of 1966, United States Code, title 15, 
  2.26  chapter 38; the Anti Car Theft Act of 1992, United States Code, 
  2.27  title 15, chapter 46, subchapter VI; and the Clean Air Act, 
  2.28  United States Code, title 42, chapter 85, subchapter II, part A. 
  2.29     Subd. 4.  [PERMITTED DISCLOSURES.] (a) Personal information 
  2.30  contained in motor vehicle records may be disclosed for any of 
  2.31  the purposes described in this subdivision. 
  2.32     (b) It may be disclosed to any federal, state, or local 
  2.33  government agency or branch of government, or to any private 
  2.34  person or entity acting on behalf of the agency or branch, for 
  2.35  use in carrying out its functions. 
  2.36     (c) It may be disclosed to a legitimate business or its 
  3.1   agents, employees, or contractors for use in the normal course 
  3.2   of business: 
  3.3      (1) to verify the accuracy of personal information 
  3.4   submitted by an individual to the business or its agents, 
  3.5   employees, or contractors; and 
  3.6      (2) if the information submitted is not correct or is no 
  3.7   longer correct, to obtain the correct information, but only for 
  3.8   the purposes of preventing fraud by, pursuing legal remedies 
  3.9   against, or recovering on a debt or security interest against, 
  3.10  the individual. 
  3.11     (d) It may be disclosed pursuant to a court order, or for 
  3.12  use in connection with any civil, criminal, administrative, or 
  3.13  arbitration proceeding in any federal, state, or local court or 
  3.14  agency or before any self-regulatory body, including for service 
  3.15  of process, investigation in anticipation of litigation, and 
  3.16  execution or enforcement of judgments and orders. 
  3.17     (e) It may be disclosed for use in research activities and 
  3.18  for use in producing statistical reports, so long as the 
  3.19  personal information is not published, redisclosed, or used to 
  3.20  contact individuals. 
  3.21     (f) It may be disclosed for use by any insurer, insurance 
  3.22  support organization, or self-insured entity, or their agents, 
  3.23  employees, or contractors, in connection with claims 
  3.24  investigation activities, antifraud activities, rating, or 
  3.25  underwriting. 
  3.26     (g) It may be disclosed in order to provide notice to the 
  3.27  owners of towed or impounded vehicles. 
  3.28     (h) It may be disclosed for use by any private detective or 
  3.29  protective agent license holder for any purpose permitted under 
  3.30  this subdivision. 
  3.31     (i) It may be disclosed for use by an employer or its agent 
  3.32  or insurer to obtain or verify information relating to a holder 
  3.33  of a commercial driver's license. 
  3.34     (j) It may be disclosed for use in connection with the 
  3.35  operation of private toll transportation facilities. 
  3.36     (k) It may be disclosed to any other requester who 
  4.1   demonstrates that the requester has obtained the written consent 
  4.2   of the individual to whom the information pertains. 
  4.3      (l) It may be disclosed for bulk distribution for surveys, 
  4.4   marketing, and solicitations if: 
  4.5      (1) the subject of the personal information has been given 
  4.6   the opportunity to prohibit disclosure under subdivision 5; and 
  4.7      (2) the commissioner has implemented procedures to ensure 
  4.8   that the information will be used, rented, or sold solely for 
  4.9   these purposes and that surveys, marketing, and solicitations 
  4.10  will not be directed at those individuals who have requested in 
  4.11  a timely fashion that they not be directed at them. 
  4.12     (m) It may be disclosed for any other use in response to 
  4.13  requests for individual motor vehicle records if the subject of 
  4.14  the personal information has been given the opportunity to 
  4.15  prohibit disclosure under subdivision 5. 
  4.16     Subd. 5.  [OTHER DISCLOSURES; NOTICE TO INDIVIDUALS.] (a) 
  4.17  The commissioner shall include a clear and conspicuous notice on 
  4.18  all applications for the issuance or renewal of a driver's 
  4.19  license or permit, Minnesota identification card, motor vehicle 
  4.20  registration, or motor vehicle title, that personal information 
  4.21  contained in motor vehicle records may be disclosed to any 
  4.22  business or person under subdivision 4, paragraph (l) or (m).  
  4.23  The commissioner also shall include in the applications, in a 
  4.24  clear and conspicuous manner, an opportunity for the applicant 
  4.25  to prohibit the disclosures. 
  4.26     (b) The commissioner shall establish procedures permitting 
  4.27  individuals who are not applying for the issuance or renewal of 
  4.28  a driver's license or permit, Minnesota identification card, 
  4.29  motor vehicle registration, or motor vehicle title, to contact 
  4.30  the commissioner on their own initiative to prohibit the 
  4.31  disclosure of personal information under subdivision 4, 
  4.32  paragraph (l) or (m). 
  4.33     (c) The commissioner shall not disclose personal 
  4.34  information under subdivision 4, paragraph (l) or (m) if:  
  4.35     (1) the subject of the information prohibits the disclosure 
  4.36  under this subdivision; or 
  5.1      (2) the information was classified as private data under 
  5.2   former section 168.346 or 171.12, subdivision 7, before the 
  5.3   effective date of this section. 
  5.4      Subd. 6.  [REDISCLOSURE.] (a) An authorized recipient of 
  5.5   personal information under subdivision 4, paragraphs (b) to (k), 
  5.6   may redisclose the information for any purpose described in 
  5.7   subdivision 4, paragraphs (b) to (k). 
  5.8      (b) An authorized recipient of personal information under 
  5.9   subdivision 4, paragraph (l), may redisclose the information as 
  5.10  provided in subdivision 4, paragraph (l). 
  5.11     (c) An authorized recipient of personal information under 
  5.12  subdivision 4, paragraph (m), may redisclose the information for 
  5.13  any purpose. 
  5.14     (d) Any authorized recipient of personal information under 
  5.15  subdivision 4, paragraphs (b) to (l), that rediscloses 
  5.16  information shall keep records for a period of five years 
  5.17  identifying the person or entity that received the information 
  5.18  and the permitted purpose for which the information was intended 
  5.19  to be used.  The recipient shall make the records available to 
  5.20  the commissioner upon request. 
  5.21     Sec. 2.  Minnesota Statutes 1994, section 13.69, 
  5.22  subdivision 1, is amended to read: 
  5.23     Subdivision 1.  [CLASSIFICATIONS.] (a) The following 
  5.24  Government data of the department of public safety are private 
  5.25  data:  
  5.26     (1) relating to medical data on driving instructors, 
  5.27  licensed drivers, and applicants for parking certificates and 
  5.28  special license plates issued to physically handicapped persons; 
  5.29  and 
  5.30     (2) social security numbers in driver's license and motor 
  5.31  vehicle registration records, except that social security 
  5.32  numbers must be provided to the department of revenue for 
  5.33  purposes of tax administration are private data.  
  5.34     (b) The following Government data of the department of 
  5.35  public safety are confidential data:  data concerning an 
  5.36  individual's driving ability when that data is received from a 
  6.1   member of the individual's family are confidential data. 
  6.2      Sec. 3.  [REPEALER.] 
  6.3      Minnesota Statutes 1994, sections 13.99, subdivisions 54 
  6.4   and 56; 168.346; and 171.12, subdivision 7, are repealed. 
  6.5      Sec. 4.  [APPROPRIATION.] 
  6.6      $....... is appropriated from the trunk highway fund to the 
  6.7   commissioner of public safety for the purposes of sections 1 and 
  6.8   2, and is available through June 30, 1997. 
  6.9      Sec. 5.  [EFFECTIVE DATE.] 
  6.10     Sections 1 to 3 are effective January 1, 1996.