SF 1733

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data privacy; restricting access to 
  1.3             personal information in motor vehicle and driver's 
  1.4             license records; amending Minnesota Statutes 1996, 
  1.5             sections 168.346; and 171.12, subdivision 7. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 168.346, is 
  1.8   amended to read: 
  1.9      168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS ACCESS TO 
  1.10  DATA ON INDIVIDUALS.] 
  1.11     Subdivision 1.  [GENERAL.] (a) Data on individuals that are 
  1.12  provided to register a motor vehicle are private data on 
  1.13  individuals as defined in section 13.02, subdivision 12, but may 
  1.14  be released as provided in this subdivision. 
  1.15     (b) The data may be released as specifically required or 
  1.16  permitted under United States Code, title 18, section 2721, 
  1.17  subsection (b). 
  1.18     (c) An individual registered owner of a motor vehicle must 
  1.19  be informed in a clear and conspicuous manner on the forms for 
  1.20  issuing or renewing titles and registrations that the owner's 
  1.21  personal information may be used, rented, or sold solely for 
  1.22  bulk distribution by organizations for business purposes, 
  1.23  including surveys, marketing, and solicitation, and that the 
  1.24  registered owner may request that bulk surveys, marketing, or 
  1.25  solicitation not be directed to the owner by so indicating on 
  2.1   the form.  If the registered owner so requests, the commissioner 
  2.2   shall implement the request in a timely manner and the personal 
  2.3   information may not be so used. 
  2.4      Subd. 2.  [RESTRICTION ON ACCESS TO PROTECT SAFETY.] (a)  
  2.5   The registered owner of a motor vehicle may request in writing 
  2.6   that access to the owner's residence address or name and 
  2.7   residence address under subdivision 1, paragraphs (b) and (c), 
  2.8   be classified as private data on individuals, as defined in 
  2.9   section 13.02, subdivision 12 restricted as provided in this 
  2.10  subdivision.  The commissioner shall grant the classification 
  2.11  request upon receipt of a signed statement by the owner that the 
  2.12  classification restriction is required for the safety of the 
  2.13  owner or the owner's family, if the statement also provides a 
  2.14  valid, existing address where the owner consents to receive 
  2.15  service of process.  Data provided in the request, other than 
  2.16  the alternate mailing address, are private data on individuals.  
  2.17  The commissioner shall use the mailing address in place of the 
  2.18  residence address in all documents and notices pertaining to the 
  2.19  motor vehicle.  The residence address or name and residence 
  2.20  address and any information provided in the classification 
  2.21  request, other than the mailing address, are private data on 
  2.22  individuals and may be provided only to requesting law 
  2.23  enforcement agencies, probation and parole agencies, and public 
  2.24  authorities, as defined in section 518.54, subdivision 9. 
  2.25     (b) An individual registered owner of a motor vehicle must 
  2.26  be informed in a clear and conspicuous manner on the forms for 
  2.27  issuance or renewal of titles and registrations, that the 
  2.28  owner's personal information may be disclosed to any person who 
  2.29  makes a request for the personal information, and that, except 
  2.30  for uses permitted by United States Code, title 18, section 
  2.31  2721, clause (b), the registered owner may prohibit disclosure 
  2.32  of the personal information by so indicating on the form. 
  2.33     (c) At the time of registration or renewal, the individual 
  2.34  registered owner of a motor vehicle must also be informed in a 
  2.35  clear and conspicuous manner on forms that the owner's personal 
  2.36  information may be used, rented, or sold solely for bulk 
  3.1   distribution by organizations for business purposes including 
  3.2   surveys, marketing, and solicitation.  The commissioner shall 
  3.3   implement methods and procedures that enable the registered 
  3.4   owner to request that bulk surveys, marketing, or solicitation 
  3.5   not be directed to the owner.  If the registered owner so 
  3.6   requests, the commissioner shall implement the request in a 
  3.7   timely manner and the personal information may not be so used. 
  3.8      (d) To the extent permitted by United States Code, title 
  3.9   18, section 2721, data on individuals provided to register a 
  3.10  motor vehicle is public data on individuals and shall be 
  3.11  disclosed as permitted by United States Code, title 18, section 
  3.12  2721, clause (b). 
  3.13     Sec. 2.  Minnesota Statutes 1996, section 171.12, 
  3.14  subdivision 7, is amended to read: 
  3.15     Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS ACCESS TO DATA ON 
  3.16  INDIVIDUALS.] (a) Data on individuals that are provided by an 
  3.17  applicant to apply for a driver's license or Minnesota 
  3.18  identification card are private data on individuals as defined 
  3.19  in section 13.02, subdivision 12, but may be released as 
  3.20  provided in this subdivision. 
  3.21     (b) The data may be released as specifically required or 
  3.22  permitted under United States Code, title 18, section 2721, 
  3.23  subsection (b). 
  3.24     (c) An individual applicant must be informed in a clear and 
  3.25  conspicuous manner on the application forms that the owner's 
  3.26  personal information may be used, rented, or sold solely for 
  3.27  bulk distribution by organizations for business purposes, 
  3.28  including surveys, marketing, and solicitation, and that the 
  3.29  applicant may request that bulk surveys, marketing, or 
  3.30  solicitation not be directed to the owner by so indicating on 
  3.31  the form.  If the applicant so requests, the commissioner shall 
  3.32  implement the request in a timely manner and the personal 
  3.33  information may not be so used. 
  3.34     (d) An applicant for a driver's license or a Minnesota 
  3.35  identification card may request that access to the applicant's 
  3.36  residence address under paragraph (b) or (c) be classified as 
  4.1   private data on individuals, as defined in section 13.02, 
  4.2   subdivision 12 restricted as provided in this paragraph.  The 
  4.3   commissioner shall grant the classification request upon receipt 
  4.4   of a signed statement by the individual that the classification 
  4.5   restriction is required for the safety of the applicant or the 
  4.6   applicant's family, if the statement also provides a valid, 
  4.7   existing address where the applicant consents to receive service 
  4.8   of process.  Data provided in the request, other than the 
  4.9   alternate mailing address, are private data on individuals.  The 
  4.10  commissioner shall use the mailing address in place of the 
  4.11  residence address in all documents and notices pertaining to the 
  4.12  driver's license or identification card.  The residence 
  4.13  address and any information provided in the classification 
  4.14  request, other than the mailing address, are private data on 
  4.15  individuals and may be provided only to requesting law 
  4.16  enforcement agencies, probation and parole agencies, and public 
  4.17  authorities, as defined in section 518.54, subdivision 9. 
  4.18     (b) An applicant for a driver's license or a Minnesota 
  4.19  identification card must be informed in a clear and conspicuous 
  4.20  manner on the forms for the issuance or renewal that the 
  4.21  applicant's personal information may be disclosed to any person 
  4.22  who makes a request for the personal information, and that 
  4.23  except for uses permitted by United States Code, title 18, 
  4.24  section 2721, clause (b), the applicant may prohibit disclosure 
  4.25  of the personal information by so indicating on the form. 
  4.26     (c) An applicant for a driver's license or a Minnesota 
  4.27  identification card must be also informed in a clear and 
  4.28  conspicuous manner on forms that the applicant's personal 
  4.29  information may be used, rented, or sold solely for bulk 
  4.30  distribution by organizations for business purposes, including 
  4.31  surveys, marketing, or solicitation.  The commissioner shall 
  4.32  implement methods and procedures that enable the applicant to 
  4.33  request that bulk surveys, marketing, or solicitation not be 
  4.34  directed to the applicant.  If the applicant so requests, the 
  4.35  commissioner shall implement the request in a timely manner and 
  4.36  the personal information may not be so used. 
  5.1      (d) To the extent permitted by United States Code, title 
  5.2   18, section 2721, data on individuals provided to obtain a 
  5.3   Minnesota identification card or a driver's license is public 
  5.4   data on individuals and shall be disclosed as permitted by 
  5.5   United States Code, title 18, section 2721, clause (b).