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SF 3255

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

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Current Version - as introduced

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A bill for an act
 relating to government data; restricting permissible uses of data provided to
obtain a driver's license or Minnesota identification card and to register a
vehicle; prohibiting bulk sales; prohibiting resale of individual records by
permissible users; prohibiting disclosure of highly restricted information
including photographs, Social Security numbers, and medical information except
to government agencies; requiring permissible users to pay a fee for data;
providing for rulemaking authority; providing public and private remedies;
amending Minnesota Statutes 2004, section 13.6905, by adding a subdivision;
Minnesota Statutes 2005 Supplement, sections 168.346, subdivision 1; 171.12,
subdivision 7; repealing Minnesota Statutes 2004, section 171.12, subdivision
7a; Minnesota Statutes 2005 Supplement, section 168.346, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 13.6905, is amended by adding a
subdivision to read:


new text begin Subd. 10a. new text end

new text begin Driver's license application information. new text end

new text begin The use of information
provided to obtain a driver's license or Minnesota identification card is governed under
section 171.12, subdivision 7.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 168.346, subdivision 1, is
amended to read:


Subdivision 1.

Vehicle registration data; federal compliancenew text begin ; disclosure
restrictions; rulesnew text end .

(a)new text begin Except as provided in this section,new text end data on an individual provided
to register a vehicle deleted text begin shall deleted text end new text begin must new text end be treated as provided by United States Code, title 18,
section 2721deleted text begin , as in effect on May 23, 2005, and shall be disclosed as required or permitted
by that sectiondeleted text end .
deleted text begin deleted text end

(b) new text begin The commissioner shall not disclose to any person any data on individuals
provided to register a vehicle except to permissible users as follows:
new text end

new text begin (1) for use in connection with matters of motor vehicle or driver safety and theft;
motor vehicle emissions; motor vehicle product alterations, recalls, or advisories;
performance monitoring of motor vehicles and dealers by motor vehicle manufacturers;
and removal of nonowner records from the original owner records of motor vehicle
manufacturers to carry out the purposes of titles I and IV of the Anti Car Theft Act of
1992; the Automobile Information Disclosure Act codified in United States Code, title 15,
section 1231 et seq.; the Clean Air Act codified in United States Code, title 42, section
7401 et seq.; and United States Code, title 49, chapters 301, 305, and 321-331;
 new text end

new text begin (2) for use by any government agency, including any court or law enforcement
agency, in carrying out its functions, or any private person or entity acting on behalf of a
federal, state, or local agency in carrying out its functions;
 new text end

new text begin (3) for use in the normal course of business by a legitimate business or its agents,
employees, or contractors, but only to verify the accuracy of personal information
submitted by an individual to the business upon that individual's express written consent;
or
 new text end

new text begin (4) for use by an employer or its agent or insurer to obtain or verify information
relating to a holder of a commercial driver's license that is required under United States
Code, title 49, chapter 313.
 new text end

new text begin (c) new text end The registered owner of a vehicle who is an individual may new text begin expressly new text end consent in
writing to the commissioner to disclose the individual's personal information exempted
by United States Code, title 18, section 2721, to any person who makes a written request
for the personal information. If the registered owner is an individual and so authorizes
disclosure, the commissioner shall implement the request.new text begin The consent must be on a
document separate from the application for registration, and the commissioner shall
neither condition in any way the issuance of the registration upon the consent nor afford
any preference to an individual who grants consent.
new text end

deleted text begin (c) If authorized by the registered owner as indicated in paragraph (b), the registered
owner's personal information may be used, rented, or sold solely for bulk distribution by
organizations for business purposes including surveys, marketing, or solicitation. deleted text end new text begin (d) The
commissioner may disclose data as provided in paragraph (b) only on an individual record
basis. The commissioner shall not disclose data on a bulk record basis.
 new text end

new text begin (e) The commissioner shall not disclose an individual's photograph or image, Social
Security number, or medical or disability information except to a permissible user as
provided in paragraph (b), clause (2).
 new text end

new text begin (f) A permissible user or its agent, employee, or contractor who receives data as
provided in paragraph (b) shall not resell or redisclose the data, and shall warrant to the
commissioner that it will not do so.
 new text end

new text begin (g) Within ten days of a disclosure of data to a permissible user as provided in
paragraph (b), clause (1), (3), or (4), the commissioner shall provide notice to the
individual about whom the data applies concerning (1) the identity of the permissible
user, (2) the data disclosed to the permissible user, and (3) the individual's right to bring
an action to remedy a violation of this section, including the prohibition on resale or
redisclosure of the data by the permissible user.
 new text end

new text begin (h) The commissioner shall charge each permissible user a fee sufficient to cover
the department's cost of complying with this subdivision.
 new text end

new text begin (i) The commissioner may adopt rules in order to implement this subdivision.
 new text end

new text begin (j) The penalties and remedies in section 8.31 apply to any violation of this section
by any person other than a government agency.
 new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 171.12, subdivision 7, is
amended to read:


Subd. 7.

Privacy of datanew text begin ; federal compliance; disclosure restrictions; rulesnew text end .

(a)
new text begin Except as provided in this section, new text end data on individuals provided to obtain a driver's license
or Minnesota identification card deleted text begin shalldeleted text end new text begin mustnew text end be treated as provided by United States Code,
title 18, section 2721deleted text begin , as in effect on May 23, 2005, and shall be disclosed as required or
permitted by that sectiondeleted text end .

(b) new text begin The commissioner shall not disclose to any person any data on individuals
provided to obtain a driver's license or Minnesota identification card except to permissible
users as follows:
new text end

new text begin (1) for use in connection with matters of motor vehicle or driver safety and theft;
motor vehicle emissions; motor vehicle product alterations, recalls, or advisories;
performance monitoring of motor vehicles and dealers by motor vehicle manufacturers;
and removal of nonowner records from the original owner records of motor vehicle
manufacturers to carry out the purposes of titles I and IV of the Anti Car Theft Act of
1992; the Automobile Information Disclosure Act codified in United States Code, title 15,
section 1231 et seq.; the Clean Air Act codified in United States Code, title 42, section
7401 et seq.; and United States Code, title 49, chapters 301, 305, and 321-331;
 new text end

new text begin (2) for use by any government agency, including any court or law enforcement
agency, in carrying out its functions, or any private person or entity acting on behalf of a
federal, state, or local agency in carrying out its functions;
 new text end

new text begin (3) for use in the normal course of business by a legitimate business or its agents,
employees, or contractors, but only to verify the accuracy of personal information
submitted by an individual to the business upon that individual's express written consent;
 new text end

new text begin (4) for use by an employer or its agent or insurer to obtain or verify information
relating to a holder of a commercial driver's license, as required under United States
Code, title 49, chapter 313.
 new text end

new text begin (c) new text end An applicant for a driver's license or a Minnesota identification card may
new text begin expressly new text end consent, in writing, to the commissioner to disclose the applicant's personal
information exempted by United States Code, title 18, section 2721, to any person who
makes a request for the personal information. If the applicant so authorizes disclosures,
the commissioner shall implement the request deleted text begin and the information may be useddeleted text end .new text begin The
consent must be on a document separate from the application for a driver's license or
identification card, and the commissioner shall neither condition in any way the issuance
of an individual's driver's license or identification card upon the consent nor afford any
preference to an individual who grants consent.
new text end

deleted text begin (c) If authorized by an applicant for a driver's license or a Minnesota identification
card, as indicated in paragraph (b), 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. deleted text end new text begin (d) The commissioner may disclose data
as provided in paragraph (b) only on an individual record basis. The commissioner shall
not disclose data on a bulk record basis.
 new text end

new text begin (e) The commissioner shall not disclose an individual's photograph or image, Social
Security number, or medical or disability information except to a permissible user as
provided in paragraph (b), clause (2).
 new text end

new text begin (f) A permissible user or its agent, employee, or contractor who receives data as
provided in paragraph (b) shall not resell or redisclose the data, and shall warrant to the
commissioner that it will not do so.
 new text end

new text begin (g) Within ten days of a disclosure of data to a permissible user as provided in
paragraph (b), clause (1), (3), or (4), the commissioner shall provide notice to the
individual about whom the data applies concerning (1) the identity of the permissible
user, (2) the data disclosed to the permissible user, and (3) the individual's right to bring
an action to remedy a violation of this section, including the prohibition on resale or
redisclosure of the data by the permissible user.
 new text end

deleted text begin (d)deleted text end new text begin (h)new text end An applicant for a driver's license, instruction permit, or 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 on 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 service for
process mailing address in place of the residence address in all documents and notices
pertaining to the driver's license, instruction permit, or Minnesota 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.

new text begin (i) The commissioner shall charge each permissible user a fee sufficient to cover
the department's cost of complying with this subdivision.
 new text end

new text begin (j) The commissioner may adopt rules in order to implement this subdivision.
 new text end

new text begin (k) The penalties and remedies in section 8.31 apply to any violation of this section
by any person other than a government agency.
 new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 171.12, subdivision 7a, new text end new text begin and new text end new text begin Minnesota Statutes
2005 Supplement, section 168.346, subdivision 2, new text end new text begin are repealed.
 new text end