2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to government data practices; providing for 1.3 disclosure by the department of public safety of 1.4 personal data related to operation of a motor vehicle; 1.5 amending Minnesota Statutes 2000, sections 168.346; 1.6 171.12, subdivision 7a. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2000, section 168.346, is 1.9 amended to read: 1.10 168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 1.11 (a) The registered owner of a motor vehicle may request in 1.12 writing that the owner's residence address or name and residence 1.13 address be classified as private data on individuals, as defined 1.14 in section 13.02, subdivision 12. The commissioner shall grant 1.15 the classification upon receipt of a signed statement by the 1.16 owner that the classification is required for the safety of the 1.17 owner or the owner's family, if the statement also provides a 1.18 valid, existing address where the owner consents to receive 1.19 service of process. The commissioner shall use the mailing 1.20 address in place of the residence address in all documents and 1.21 notices pertaining to the motor vehicle. The residence address 1.22 or name and residence address and any information provided in 1.23 the classification request, other than the mailing address, are 1.24 private data on individuals and may be provided to requesting 1.25 law enforcement agencies, probation and parole agencies, and 1.26 public authorities, as defined in section 518.54, subdivision 9. 2.1 (b) An individual registered owner of a motor vehicle must 2.2 be informed in a clear and conspicuous manner on the forms for 2.3 issuance or renewal of titles and registrations, that the 2.4 owner's personal information may be disclosed to any person who 2.5 makes a request for the personal information, and that, except 2.6 for uses permitted by United States Code, title 18, section 2.7 2721, subsection (b), the registered owner may prohibit 2.8 disclosure of the personal information by so indicating on the 2.9 form. For purposes of this paragraph, access by requesters 2.10 making requests described in section 168.345, subdivision 4, is 2.11 deemed to be related to public safety. 2.12 (c) At the time of registration or renewal, the individual 2.13 registered owner of a motor vehicle must also be informed in a 2.14 clear and conspicuous manner on forms that the owner's personal 2.15 information may be used, rented, or sold solely for bulk 2.16 distribution by organizations for business purposes including 2.17 surveys, marketing, and solicitation. The commissioner shall 2.18 implement methods and procedures that enable the registered 2.19 owner to request that bulk surveys, marketing, or solicitation 2.20 not be directed to the owner. If the registered owner so 2.21 requests, the commissioner shall implement the request in a 2.22 timely manner and the personal information may not be so used. 2.23 (d) The commissioner shall disclose personal information 2.24 when the use is related to the operation of a motor vehicle or 2.25 public safety. The use of personal information is related to 2.26 public safety if it concerns the physical safety or security of 2.27 drivers, vehicles, pedestrians, or property. The commissioner 2.28 may refuse to disclose data under this paragraph when the 2.29 commissioner concludes that the requester is likely to use the 2.30 data for illegal, improper, or noninvestigative purposes. 2.31 (e) To the extent permitted by United States Code, title 2.32 18, section 2721, data on individuals provided to register a 2.33 motor vehicle is public data on individuals and shall be 2.34 disclosed as permitted by United States Code, title 18, section 2.35 2721, subsection (b). 2.36 Sec. 2. Minnesota Statutes 2000, section 171.12, 3.1 subdivision 7a, is amended to read: 3.2 Subd. 7a. [DISCLOSURE OF PERSONAL INFORMATION.] The 3.3 commissioner shall disclose personal information where the use 3.4 is related to the operation of a motor vehicle or to public 3.5 safety
, including public dissemination. The use of personal 3.6 information is related to public safety if it concerns the 3.7 physical safety or security of drivers, vehicles, pedestrians, 3.8 or property. The commissioner may refuse to disclose data under 3.9 this subdivision when the commissioner concludes that the 3.10 requester is likely to use the data for illegal, improper, or 3.11 noninvestigative purposes.