SF 3834

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; allowing certain licensees 
  1.3             to request that their data not be used for commercial 
  1.4             purposes; requiring payment of a fee to licensees 
  1.5             whose data are used for commercial purposes; requiring 
  1.6             development of an implementation plan and report; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 13. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [13.6405] [RELEASE OF LICENSING DATA FOR 
  1.11  COMMERCIAL PURPOSES.] 
  1.12     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  1.13     (1) "commercial purpose" means the use of data for the 
  1.14  purpose of selling a product or service through any kind of 
  1.15  commercial solicitation, including telemarketing, direct mail, 
  1.16  direct contact, or electronic mail; and 
  1.17     (2) "licensing data" means public data on individuals who 
  1.18  are applicants and licensees under section 13.41, registered 
  1.19  owners of motor vehicles under chapter 168, or applicants for a 
  1.20  driver's license or Minnesota identification card under chapter 
  1.21  171.  
  1.22     Subd. 2.  [NOTICE REGARDING USE OF DATA FOR COMMERCIAL 
  1.23  PURPOSES; RIGHT TO RESTRICT USE.] (a) When a state agency 
  1.24  collects licensing data from an individual, the individual must 
  1.25  be informed in a clear and conspicuous manner that: 
  1.26     (1) licensing data on the individual may be released and 
  1.27  used for a commercial purpose, unless the individual requests 
  2.1   that the data not be used for a commercial purpose; and 
  2.2      (2) if the data are used for a commercial purpose, the 
  2.3   individual is entitled to receive a payment based on a share of 
  2.4   the revenue generated from distributing the data for commercial 
  2.5   purposes. 
  2.6      (b) A state agency that collects licensing data shall 
  2.7   implement methods and procedures to enable individuals to 
  2.8   request that their licensing data not be used for a commercial 
  2.9   purpose. 
  2.10     Subd. 3.  [NOTICE WHEN DATA RELEASED.] When a state agency 
  2.11  releases licensing data on an individual, the data must be 
  2.12  accompanied by a clear and conspicuous notice that: 
  2.13     (1) indicates whether the individual has requested that the 
  2.14  data not be used for a commercial purpose; 
  2.15     (2) informs the recipient of the data that by obtaining 
  2.16  access to the data, the recipient agrees that the data will not 
  2.17  be used, rented, or sold for a commercial purpose if the 
  2.18  individual has made that request; and 
  2.19     (3) informs the recipient that individuals whose licensing 
  2.20  data are used for a commercial purpose are entitled to receive a 
  2.21  fee for that use, and that the recipient may not sell, trade, 
  2.22  rent, or otherwise transfer the data to another person unless 
  2.23  the other person pays the fee. 
  2.24     Subd. 4.  [SPECIAL PROVISIONS GOVERNING MOTOR VEHICLE AND 
  2.25  DRIVER'S LICENSE DATA.] If the commissioner of public safety is 
  2.26  required to implement a system requiring express consent for the 
  2.27  release of personal information on registered owners of motor 
  2.28  vehicles and applicants for a driver's license or Minnesota 
  2.29  identification card, the commissioner of public safety shall 
  2.30  implement the provisions of subdivisions 2 and 3 consistent with 
  2.31  the express consent requirements.  
  2.32     Subd. 5.  [FEES AND PAYMENTS.] (a) The commissioner of 
  2.33  administration shall develop fees to be charged for providing 
  2.34  licensing data on individuals whose data will be used for 
  2.35  commercial purposes.  The fees must be fixed as provided under 
  2.36  section 16B.51, subdivision 2.  A specified amount or percentage 
  3.1   of the fee must be designated for making payments to the 
  3.2   individuals.  
  3.3      (b) A person who obtains data under this section may not 
  3.4   sell, trade, rent, or otherwise transfer the data to another 
  3.5   person unless the other person pays the fee.  This prohibition 
  3.6   does not apply to a private vendor acting under a contract with 
  3.7   the state under this section.  
  3.8      Subd. 6.  [IMPLEMENTATION PLAN.] The commissioner of 
  3.9   administration and the attorney general shall develop a plan for 
  3.10  implementation of this section.  The plan must include: 
  3.11     (1) methods for calculating costs and fees for providing 
  3.12  lists of licensing data for commercial purposes; 
  3.13     (2) methods for calculating and making payments to 
  3.14  individuals who consent to the release of their data for 
  3.15  commercial purposes; 
  3.16     (3) a cost-effective manner for administering this section, 
  3.17  which may include the use of a private vendor; and 
  3.18     (4) any other provisions necessary to effectively and 
  3.19  efficiently administer this section. 
  3.20     Sec. 2.  [REPORT.] 
  3.21     By January 15, 2001, the commissioner of administration and 
  3.22  the attorney general shall report to the legislature on the 
  3.23  provisions of section 1.  The report must include the 
  3.24  implementation plan and any proposed legislation necessary to 
  3.25  administer the plan.  In addition, the report must include 
  3.26  recommendations regarding: 
  3.27     (1) methods for enforcing section 1 and penalties and 
  3.28  remedies for violations of its provisions; and 
  3.29     (2) whether additional limitations or data should be 
  3.30  included in section 1. 
  3.31     Sec. 3.  [EFFECTIVE DATE.] 
  3.32     Section 1 is effective July 1, 2001.