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Minnesota Legislature

Office of the Revisor of Statutes

SF 2992

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

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

Current Version - 2nd Engrossment

  1.1                          A bill for an act 
  1.2             relating to data practices; conforming Minnesota 
  1.3             Statutes with federal law; amending Minnesota Statutes 
  1.4             1998, sections 168.346; and 171.12, subdivision 7. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 168.346, is 
  1.7   amended to read: 
  1.8      168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
  1.9      (a) The registered owner of a motor vehicle may request in 
  1.10  writing that the owner's residence address or name and residence 
  1.11  address be classified as private data on individuals, as defined 
  1.12  in section 13.02, subdivision 12.  The commissioner shall grant 
  1.13  the classification upon receipt of a signed statement by the 
  1.14  owner that the classification is required for the safety of the 
  1.15  owner or the owner's family, if the statement also provides a 
  1.16  valid, existing address where the owner consents to receive 
  1.17  service of process.  The commissioner shall use the mailing 
  1.18  address in place of the residence address in all documents and 
  1.19  notices pertaining to the motor vehicle.  The residence address 
  1.20  or name and residence address and any information provided in 
  1.21  the classification request, other than the mailing address, are 
  1.22  private data on individuals and may be provided to requesting 
  1.23  law enforcement agencies, probation and parole agencies, and 
  1.24  public authorities, as defined in section 518.54, subdivision 9. 
  1.25     (b) An individual registered owner of a motor vehicle must 
  2.1   be informed in a clear and conspicuous manner on the forms for 
  2.2   issuance or renewal of titles and registrations, that the 
  2.3   owner's personal information may be disclosed to any person who 
  2.4   makes a request for the personal information, and that, except 
  2.5   for uses permitted by United States Code, title 18, section 
  2.6   2721, clause (b), the registered owner may prohibit disclosure 
  2.7   of the personal information by so indicating on the form.  For 
  2.8   purposes of this paragraph, access by requesters making requests 
  2.9   described in section 168.345, subdivision 4, is deemed to be 
  2.10  related to public safety. 
  2.11     (c) At the time of registration or renewal, the individual 
  2.12  registered owner of a motor vehicle must also be informed in a 
  2.13  clear and conspicuous manner on forms that the owner's personal 
  2.14  information may be used, rented, or sold solely for bulk 
  2.15  distribution by organizations for business purposes including 
  2.16  surveys, marketing, and solicitation.  The commissioner shall 
  2.17  implement methods and procedures that enable the registered 
  2.18  owner to request that bulk surveys, marketing, or solicitation 
  2.19  not be directed to the owner.  If the registered owner so 
  2.20  requests, the commissioner shall implement the request in a 
  2.21  timely manner and the personal information may not be so used. 
  2.22     (d) To the extent permitted by United States Code, title 
  2.23  18, section 2721, data on individuals provided to register a 
  2.24  motor vehicle is public data on individuals and shall be 
  2.25  disclosed as permitted by United States Code, title 18, section 
  2.26  2721, clause (b). 
  2.27     (e) Notwithstanding paragraphs (b) to (d), the commissioner 
  2.28  shall implement a system to provide for express consent to the 
  2.29  release of personal information, but only to the extent required 
  2.30  by United States Code, title 18, section 2721, clause (b). 
  2.31     Sec. 2.  Minnesota Statutes 1998, section 171.12, 
  2.32  subdivision 7, is amended to read: 
  2.33     Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant 
  2.34  for a driver's license or a Minnesota identification card may 
  2.35  request that the applicant's residence address be classified as 
  2.36  private data on individuals, as defined in section 13.02, 
  3.1   subdivision 12.  The commissioner shall grant the classification 
  3.2   upon receipt of a signed statement by the individual that the 
  3.3   classification is required for the safety of the applicant or 
  3.4   the applicant's family, if the statement also provides a valid, 
  3.5   existing address where the applicant consents to receive service 
  3.6   of process.  The commissioner shall use the mailing address in 
  3.7   place of the residence address in all documents and notices 
  3.8   pertaining to the driver's license or identification card.  The 
  3.9   residence address and any information provided in the 
  3.10  classification request, other than the mailing address, are 
  3.11  private data on individuals and may be provided to requesting 
  3.12  law enforcement agencies, probation and parole agencies, and 
  3.13  public authorities, as defined in section 518.54, subdivision 9. 
  3.14     (b) An applicant for a driver's license or a Minnesota 
  3.15  identification card must be informed in a clear and conspicuous 
  3.16  manner on the forms for the issuance or renewal that the 
  3.17  applicant's personal information may be disclosed to any person 
  3.18  who makes a request for the personal information, and that 
  3.19  except for uses permitted by United States Code, title 18, 
  3.20  section 2721, clause (b), the applicant may prohibit disclosure 
  3.21  of the personal information by so indicating on the form. 
  3.22     (c) An applicant for a driver's license or a Minnesota 
  3.23  identification card must be also informed in a clear and 
  3.24  conspicuous manner on forms that the applicant's personal 
  3.25  information may be used, rented, or sold solely for bulk 
  3.26  distribution by organizations for business purposes, including 
  3.27  surveys, marketing, or solicitation.  The commissioner shall 
  3.28  implement methods and procedures that enable the applicant to 
  3.29  request that bulk surveys, marketing, or solicitation not be 
  3.30  directed to the applicant.  If the applicant so requests, the 
  3.31  commissioner shall implement the request in a timely manner and 
  3.32  the personal information may not be so used. 
  3.33     (d) To the extent permitted by United States Code, title 
  3.34  18, section 2721, data on individuals provided to obtain a 
  3.35  Minnesota identification card or a driver's license is public 
  3.36  data on individuals and shall be disclosed as permitted by 
  4.1   United States Code, title 18, section 2721, clause (b). 
  4.2      (e) Notwithstanding paragraphs (b) to (d), the commissioner 
  4.3   shall implement a system to provide for express consent to the 
  4.4   release of personal information, but only to the extent required 
  4.5   by United States Code, title 18, section 2721, clause (b). 
  4.6      Sec. 3.  [EFFECTIVE DATE.] 
  4.7      Sections 1 and 2 are effective on the date that the 
  4.8   Attorney General of the United States imposes a civil penalty 
  4.9   after finding that the state is in substantial noncompliance 
  4.10  with the Driver's Privacy Protection Act of 1994, as amended.