SF 2992

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data practices; motor vehicle and license 
  1.3             data; conforming Minnesota Statutes with federal law; 
  1.4             prohibiting the department of public safety or other 
  1.5             licensing agency from disclosing a registered owner's 
  1.6             or license applicant's personal information under 
  1.7             certain circumstances unless that person expressly 
  1.8             consents; amending Minnesota Statutes 1998, sections 
  1.9             13.41, by adding a subdivision; 168.346; and 171.12, 
  1.10            subdivision 7; repealing Minnesota Statutes 1998, 
  1.11            section 171.12, subdivision 7a. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 13.41, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 6.  [PROHIBITING DISCLOSURE OF LICENSING DATA WITHOUT 
  1.16  AUTHORIZATION.] (a) A licensing agency must not disclose 
  1.17  application data on licensees unless the license applicant has 
  1.18  agreed to the disclosure through a clear and conspicuous notice 
  1.19  executed in writing or electronically at the time of application 
  1.20  or renewal of the license, unless the disclosure is used: 
  1.21     (1) by a federal, state, or local government agency, or by 
  1.22  a private person or entity acting on behalf of a government 
  1.23  agency, including a court or law enforcement agency, to carry 
  1.24  out its functions; 
  1.25     (2) in connection with a civil, criminal, administrative, 
  1.26  or arbitral proceeding in a federal, state, or local court or 
  1.27  agency or before any self-regulatory body, for purposes 
  1.28  including, but not limited to:  the service of process, 
  2.1   investigation in anticipation of litigation, and the execution 
  2.2   or enforcement of judgments and orders; or pursuant to an order 
  2.3   of a federal, state, or local court; 
  2.4      (3) by a licensed private investigative agency or licensed 
  2.5   security service for a purpose permitted under this paragraph; 
  2.6      (4) by any requester if the requester demonstrates it has 
  2.7   obtained the written consent of the individual to whom the 
  2.8   information pertains; 
  2.9      (5) by a news organization in conjunction with its news 
  2.10  gathering or reporting functions; or 
  2.11     (6) as otherwise specifically authorized by Minnesota law. 
  2.12     (b) The licensing agency must not disclose personal 
  2.13  information for bulk distribution by organizations for business 
  2.14  purposes, including surveys, marketing, or solicitations, 
  2.15  without the express consent of the person to whom such 
  2.16  information pertains. 
  2.17     (c) For purposes of paragraphs (a) and (b), the licensing 
  2.18  agency must obtain express consent from the person to whom the 
  2.19  personal information pertains through a clear and conspicuous 
  2.20  notice executed in writing or electronically by the person at 
  2.21  the time of application, registration, or renewal of the 
  2.22  license.  The agency shall implement methods and procedures to 
  2.23  enable persons to consent to disclosure of personal information, 
  2.24  but at a minimum the notice employed by the agency must state 
  2.25  each category of the information which may be disclosed. 
  2.26     Sec. 2.  Minnesota Statutes 1998, section 168.346, is 
  2.27  amended to read: 
  2.28     168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
  2.29     (a) The registered owner of a motor vehicle may request in 
  2.30  writing that the owner's residence address or name and residence 
  2.31  address be classified as private data on individuals, as defined 
  2.32  in section 13.02, subdivision 12.  The commissioner shall grant 
  2.33  the classification upon receipt of a signed statement by the 
  2.34  owner that the classification is required for the safety of the 
  2.35  owner or the owner's family, if the statement also provides a 
  2.36  valid, existing address where the owner consents to receive 
  3.1   service of process.  The commissioner shall use the mailing 
  3.2   address in place of the residence address in all documents and 
  3.3   notices pertaining to the motor vehicle.  The residence address 
  3.4   or name and residence address and any information provided in 
  3.5   the classification request, other than the mailing address, are 
  3.6   private data on individuals and may be provided to requesting 
  3.7   law enforcement agencies, probation and parole agencies, and 
  3.8   public authorities, as defined in section 518.54, subdivision 9. 
  3.9      (b) The commissioner must not disclose the driver's license 
  3.10  photograph, social security number, or medical or disability 
  3.11  information of a registered owner of a motor vehicle without the 
  3.12  express consent of the person to whom such information pertains, 
  3.13  unless the disclosure is used:  
  3.14     (1) by a federal, state, or local government agency, or a 
  3.15  private person or entity acting on behalf of a government 
  3.16  agency, including a court or law enforcement agency, to carry 
  3.17  out its functions; 
  3.18     (2) in connection with a civil, criminal, administrative, 
  3.19  or arbitral proceeding in a federal, state, or local court or 
  3.20  agency or before any self-regulatory body, for purposes 
  3.21  including, but not limited to:  the service of process, 
  3.22  investigation in anticipation of litigation, and the execution 
  3.23  or enforcement of judgments and orders; or pursuant to an order 
  3.24  of a federal, state, or local court; 
  3.25     (3) by an insurer or insurance support organization, or by 
  3.26  a self-insured entity, or its agents, employees, or contractors, 
  3.27  in connection with claims investigation activities, antifraud 
  3.28  activities, rating, or underwriting; 
  3.29     (4) by an employer or its agent or insurer to obtain or 
  3.30  verify information relating to a holder of a commercial driver's 
  3.31  license; or 
  3.32     (5) by a news organization in conjunction with its news 
  3.33  gathering or reporting functions. 
  3.34     (b) An individual registered owner of a motor vehicle must 
  3.35  be informed in a clear and conspicuous manner on the forms for 
  3.36  issuance or renewal of titles and registrations, that the 
  4.1   owner's personal information may be disclosed to any person who 
  4.2   makes a request for the personal information, and that, except 
  4.3   for uses permitted by United States Code, title 18, section 
  4.4   2721, clause (b), the registered owner may prohibit disclosure 
  4.5   of the personal information by so indicating on the form. (c) 
  4.6   The commissioner must not disclose personal information in 
  4.7   response to requests for individual motor vehicle records 
  4.8   without the express consent of the person to whom such 
  4.9   information pertains, unless the disclosure is used:  
  4.10     (1) by a federal, state, or local government agency, or by 
  4.11  a private person or entity acting on behalf of a government 
  4.12  agency, including a court or law enforcement agency, to carry 
  4.13  out its functions; 
  4.14     (2) in connection with matters of motor vehicle or driver 
  4.15  safety and theft; motor vehicle emissions; motor vehicle product 
  4.16  alterations, recalls, or advisories; performance monitoring of 
  4.17  motor vehicles, motor vehicle parts, and dealers; motor vehicle 
  4.18  market research activities, including survey research; and 
  4.19  removal of nonowner records from original owner records of motor 
  4.20  vehicle manufacturers; 
  4.21     (3) in the normal course of business by a legitimate 
  4.22  business or its agents, employees, or contractors, to verify the 
  4.23  accuracy of personal information submitted by the individual to 
  4.24  the business or its agents, employees, or contractors; or, if 
  4.25  personal information submitted by the individual is not correct, 
  4.26  to obtain the correct information for the purposes of preventing 
  4.27  fraud by pursuing legal remedies against, or recovering on a 
  4.28  debt or security interest against the individual; 
  4.29     (4) in connection with a civil, criminal, administrative, 
  4.30  or arbitral proceeding in a federal, state, or local court or 
  4.31  agency or before any self-regulatory body, for purposes 
  4.32  including, but not limited to:  the service of process, 
  4.33  investigation in anticipation of litigation, and the execution 
  4.34  or enforcement of judgments and orders; or pursuant to an order 
  4.35  of a federal, state, or local court; 
  4.36     (5) in research activities and in producing statistical 
  5.1   reports, if the personal information is not published, 
  5.2   redisclosed, or used to contact individuals; 
  5.3      (6) by an insurer or insurance support organization, or by 
  5.4   a self-insured entity, or its agents, employees, or contractors, 
  5.5   in connection with claims investigation activities, antifraud 
  5.6   activities, rating, or underwriting; 
  5.7      (7) to provide notice to the owners of towed or impounded 
  5.8   vehicles; 
  5.9      (8) by a licensed private investigative agency or licensed 
  5.10  security service for a purpose permitted under this section; 
  5.11     (9) by an employer or its agent or insurer to obtain or 
  5.12  verify information relating to a holder of a commercial driver's 
  5.13  license; 
  5.14     (10) in connection with the operation of private toll 
  5.15  transportation facilities; 
  5.16     (11) by any requester if the requester demonstrates it has 
  5.17  obtained the written consent of the individual to whom the 
  5.18  information pertains; 
  5.19     (12) by any news organization in conjunction with its news 
  5.20  gathering or reporting functions; or 
  5.21     (13) as otherwise specifically authorized under Minnesota 
  5.22  law, if the use is related to the operation of a motor vehicle 
  5.23  or public safety. 
  5.24     For purposes of this paragraph, access by requesters making 
  5.25  requests described in section 168.345, subdivision 4, is deemed 
  5.26  to be related to public safety.  
  5.27     (c) At the time of registration or renewal, the individual 
  5.28  registered owner of a motor vehicle must also be informed in a 
  5.29  clear and conspicuous manner on forms that the owner's personal 
  5.30  information may be used, rented, or sold solely for bulk 
  5.31  distribution by organizations for business purposes including 
  5.32  surveys, marketing, and solicitation.  The commissioner shall 
  5.33  implement methods and procedures that enable the registered 
  5.34  owner to request that bulk surveys, marketing, or solicitation 
  5.35  not be directed to the owner.  If the registered owner so 
  5.36  requests, the commissioner shall implement the request in a 
  6.1   timely manner and the personal information may not be so used. 
  6.2      (d) To the extent permitted by United States Code, title 
  6.3   18, section 2721, data on individuals provided to register a 
  6.4   motor vehicle is public data on individuals and shall be 
  6.5   disclosed as permitted by United States Code, title 18, section 
  6.6   2721, clause (b).  The commissioner must not disclose any 
  6.7   personal information for bulk distribution by organizations for 
  6.8   business purposes, including surveys, marketing, or 
  6.9   solicitations, without the express consent of the person to whom 
  6.10  such information pertains. 
  6.11     (e) For purposes of paragraphs (b), (c), and (d), the 
  6.12  commissioner shall obtain express consent from the person to 
  6.13  whom the personal information pertains through a clear and 
  6.14  conspicuous notice executed in writing or electronically by such 
  6.15  person at the time of registration or renewal.  The commissioner 
  6.16  shall implement methods and procedures to enable persons to 
  6.17  consent to disclosure of personal information, but at a minimum 
  6.18  the notice employed by the commissioner must state each category 
  6.19  of the information which may be disclosed. 
  6.20     (f) If express consent is not required for disclosure of 
  6.21  information as provided in paragraph (b) or (c), the requester 
  6.22  of information must declare under penalty of perjury that the 
  6.23  request is made for a purpose authorized by law and that the 
  6.24  information obtained for the purpose will not be used directly 
  6.25  or indirectly to sell a product or service.  The commissioner 
  6.26  shall implement methods and procedures to enable requesters to 
  6.27  make this declaration. 
  6.28     Sec. 3.  Minnesota Statutes 1998, section 171.12, 
  6.29  subdivision 7, is amended to read: 
  6.30     Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS DISCLOSURE OF 
  6.31  PERSONAL INFORMATION.] (a) An applicant for a driver's license 
  6.32  or a Minnesota identification card may request that the 
  6.33  applicant's residence address be classified as private data on 
  6.34  individuals, as defined in section 13.02, subdivision 12.  The 
  6.35  commissioner shall grant the classification upon receipt of a 
  6.36  signed statement by the individual that the classification is 
  7.1   required for the safety of the applicant or the applicant's 
  7.2   family, if the statement also provides a valid, existing address 
  7.3   where the applicant consents to receive service of process.  The 
  7.4   commissioner shall use the mailing address in place of the 
  7.5   residence address in all documents and notices pertaining to the 
  7.6   driver's license or identification card.  The residence address 
  7.7   and any information provided in the classification request, 
  7.8   other than the mailing address, are private data on individuals 
  7.9   and may be provided to requesting law enforcement agencies, 
  7.10  probation and parole agencies, and public authorities, as 
  7.11  defined in section 518.54, subdivision 9. 
  7.12     (b) The commissioner must not disclose the driver's license 
  7.13  photograph, social security number, or medical or disability 
  7.14  information of an applicant for a driver's license or 
  7.15  identification card without the express consent of the person to 
  7.16  whom the information pertains, unless the disclosure is used: 
  7.17     (1) by a federal, state, or local government agency, or by 
  7.18  a private person or entity acting on behalf of a government 
  7.19  agency, including a court or law enforcement agency, to carry 
  7.20  out its functions; 
  7.21     (2) in connection with a civil, criminal, administrative, 
  7.22  or arbitral proceeding in any federal, state, or local court or 
  7.23  agency or before a self-regulatory body, for purposes including: 
  7.24  the service of process, investigation in anticipation of 
  7.25  litigation, and the execution or enforcement of judgments and 
  7.26  orders; or pursuant to an order of a federal, state, or local 
  7.27  court; 
  7.28     (3) by an insurer or insurance support organization, or by 
  7.29  a self-insured entity, or its agents, employees, or contractors, 
  7.30  in connection with claims investigation activities, antifraud 
  7.31  activities, rating or underwriting; 
  7.32     (4) by an employer or its agent or insurer to obtain or 
  7.33  verify information relating to a holder of a commercial driver's 
  7.34  license; or 
  7.35     (5) by a news organization in conjunction with its news 
  7.36  gathering or reporting functions. 
  8.1      (b) An applicant for a driver's license or a Minnesota 
  8.2   identification card must be informed in a clear and conspicuous 
  8.3   manner on the forms for the issuance or renewal that the 
  8.4   applicant's personal information may be disclosed to any person 
  8.5   who makes a request for the personal information, and that 
  8.6   except for uses permitted by United States Code, title 18, 
  8.7   section 2721, clause (b), the applicant may prohibit disclosure 
  8.8   of the personal information by so indicating on the form. (c) 
  8.9   The commissioner must not disclose an applicant's personal 
  8.10  information in response to requests for individual motor vehicle 
  8.11  records without the express consent of the person to whom such 
  8.12  information pertains, unless the disclosure is used:  
  8.13     (1) by a federal, state, or local government agency, or by 
  8.14  a private person or entity acting on behalf of a government 
  8.15  agency, including a court or law enforcement agency, to carry 
  8.16  out its functions; 
  8.17     (2) in connection with matters of motor vehicle or driver 
  8.18  safety and theft; motor vehicle emissions; motor vehicle product 
  8.19  alterations, recalls, or advisories; performance monitoring of 
  8.20  motor vehicles, motor vehicle parts, and dealers; motor vehicle 
  8.21  market research activities, including survey research; and 
  8.22  removal of nonowner records from original owner records of motor 
  8.23  vehicle manufacturers; 
  8.24     (3) in the normal course of business by a legitimate 
  8.25  business or its agents, employees, or contractors, to verify the 
  8.26  accuracy of personal information submitted by the individual to 
  8.27  the business or its agents, employees, or contractors; or, if 
  8.28  personal information submitted by the individual is not correct, 
  8.29  to obtain the correct information for the purposes of preventing 
  8.30  fraud by pursuing legal remedies against, or recovering on a 
  8.31  debt or security interest against the individual; 
  8.32     (4) in connection with any civil, criminal, administrative, 
  8.33  or arbitral proceeding in a federal, state, or local court or 
  8.34  agency or before any self-regulatory body, for purposes 
  8.35  including, but not limited to:  the service of process, 
  8.36  investigation in anticipation of litigation, and the execution 
  9.1   or enforcement of judgments and orders; or pursuant to an order 
  9.2   of a federal, state, or local court; 
  9.3      (5) in research activities and in producing statistical 
  9.4   reports, if the personal information is not published, 
  9.5   redisclosed, or used to contact individuals; 
  9.6      (6) by an insurer or insurance support organization, or by 
  9.7   a self-insured entity, or its agents, employees, or contractors, 
  9.8   in connection with claims investigation activities, antifraud 
  9.9   activities, rating, or underwriting; 
  9.10     (7) to provide notice to the owners of towed or impounded 
  9.11  vehicles; 
  9.12     (8) by a licensed private investigative agency or licensed 
  9.13  security service for a purpose permitted under this paragraph; 
  9.14     (9) by an employer or its agent or insurer to obtain or 
  9.15  verify information relating to a holder of a commercial driver's 
  9.16  license; 
  9.17     (10) in connection with the operation of private toll 
  9.18  transportation facilities; 
  9.19     (11) by a requester if the requester demonstrates it has 
  9.20  obtained the written consent of the individual to whom the 
  9.21  information pertains; 
  9.22     (12) by a news organization in conjunction with its news 
  9.23  gathering or reporting functions; or 
  9.24     (13) as otherwise specifically authorized by Minnesota law, 
  9.25  if the use is related to the operation of a motor vehicle or 
  9.26  public safety.  
  9.27     (c) An applicant for a driver's license or a Minnesota 
  9.28  identification card must be also informed in a clear and 
  9.29  conspicuous manner on forms that the applicant's personal 
  9.30  information may be used, rented, or sold solely for bulk 
  9.31  distribution by organizations for business purposes, including 
  9.32  surveys, marketing, or solicitation.  The commissioner shall 
  9.33  implement methods and procedures that enable the applicant to 
  9.34  request that bulk surveys, marketing, or solicitation not be 
  9.35  directed to the applicant.  If the applicant so requests, the 
  9.36  commissioner shall implement the request in a timely manner and 
 10.1   the personal information may not be so used.  
 10.2      (d) To the extent permitted by United States Code, title 
 10.3   18, section 2721, data on individuals provided to obtain a 
 10.4   Minnesota identification card or a driver's license is public 
 10.5   data on individuals and shall be disclosed as permitted by 
 10.6   United States Code, title 18, section 2721, clause (b). The 
 10.7   commissioner must not disclose an applicant's personal 
 10.8   information for bulk distribution by organizations for business 
 10.9   purposes, including surveys, marketing, or solicitations, 
 10.10  without the express consent of the person to whom such 
 10.11  information pertains. 
 10.12     (e) For purposes of paragraphs (b), (c), and (d), the 
 10.13  commissioner shall obtain express consent from the person to 
 10.14  whom the personal information pertains through a clear and 
 10.15  conspicuous notice executed in writing or electronically by the 
 10.16  person at the time of application.  The commissioner shall 
 10.17  implement methods and procedures to enable persons to consent to 
 10.18  disclosure of personal information, but at a minimum the notice 
 10.19  employed by the commissioner must state each category of 
 10.20  information which may be disclosed. 
 10.21     (f) If express consent is not required for disclosure of 
 10.22  information as provided in paragraph (b) or (c), the requester 
 10.23  of the information must declare under penalty of perjury that 
 10.24  the request is made for a purpose authorized by law and that the 
 10.25  information obtained for the purpose will not be used directly 
 10.26  or indirectly to sell a product or service.  The commissioner 
 10.27  shall implement methods and procedures to enable requesters to 
 10.28  make the declaration. 
 10.29     Sec. 4.  [REPEALER.] 
 10.30     Minnesota Statutes 1998, section 171.12, subdivision 7a, is 
 10.31  repealed.