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SF 1731

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to drivers' licenses; regulating data
obtained by scanning drivers' licenses, permits, and
identification cards; amending Minnesota Statutes
2004, section 171.12, subdivision 7.

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

Section 1.

Minnesota Statutes 2004, section 171.12,
subdivision 7, is amended to read:


Subd. 7.

Privacy of residence address.

(a) An applicant
for a driver's license or a 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
upon 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 mailing address in
place of the residence address in all documents and notices
pertaining to the driver's license or 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.

(b) An applicant for a driver's license or a Minnesota
identification card must be informed in a clear and conspicuous
manner on the forms for the issuance or renewal that the
applicant's personal information may be disclosed to any person
who makes a request for the personal information, and that
except for uses permitted by United States Code, title 18,
section 2721, subsection (b), the applicant may prohibit
disclosure of the personal information by so indicating on the
form.

(c) An applicant for a driver's license or a Minnesota
identification card must be also informed in a clear and
conspicuous manner on forms that 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. The commissioner shall
implement methods and procedures that enable the applicant to
request that bulk surveys, marketing, or solicitation not be
directed to the applicant. If the applicant so requests, the
commissioner shall implement the request in a timely manner and
the personal information may not be so used.

(d) To the extent permitted by United States Code, title
18, section 2721, data on individuals provided to obtain a
Minnesota identification card or a driver's license is public
data on individuals and deleted text begin shall deleted text end new text begin must new text end be disclosed as permitted by
United States Code, title 18, section 2721, subsection (b).

new text begin (e) A person shall not retain any information from
magnetically, electronically, or otherwise scanning a driver's
license, permit, or state identification card, except the
document holder's name; date of birth; driver's license, permit,
or state identification card number; and document expiration
date. A person shall not use any of this retained information
for advertising or marketing purposes. A person shall not sell
and shall not otherwise disseminate the retained information to
any third party for any purpose, including any marketing,
advertising, or promotional activities, except that retained
information may be provided under a court order or as authorized
elsewhere in law.
new text end