SF 4823

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/26/2024 10:04am

A bill for an act
relating to data practices; authorizing the Department of Public Safety to use
verification systems to verify the identity of participants in the Transportation
Security Administration's Registered Traveler program; amending Minnesota Statutes 2023 Supplement, section 171.12, subdivision 7b.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 171.12, subdivision 7b, is amended
to read:

Subd. 7b.

Data privacy; noncompliant license or identification card.

(a) With respect
to noncompliant licenses or identification cards, the commissioner is prohibited from:

(1) electronically disseminating outside the state data that is not disseminated as of May
19, 2017; or

(2) utilizing any electronic validation or verification system accessible from or maintained
outside the state that is not in use as of May 19, 2017.

(b) The limitations in paragraph (a) do not apply to the extent necessary to: (1) maintain
compliance with the driver's license compact under section 171.50 and applicable federal
law governing commercial driver's licenses; deleted text begin and deleted text end (2) perform identity verification as part of
an application for a replacement Social Security card issued by the Social Security
Administration new text begin ; and (3) perform identity verification for a program participant in the
Transportation Security Administration's Registered Traveler program who has voluntarily
provided their Minnesota driver's license or identification card to confirm their identity to
a private entity operating under the Registered Traveler program new text end .

(c) For purposes of this subdivision, "outside the state" includes federal agencies, states
other than Minnesota, organizations operating under agreement among the states, and private
entities.

(d) Prior to disclosing to a data requester, other than the data subject, any data on
individuals relating to a noncompliant driver's license or identification card, the commissioner
or a driver's license agent must require the data requester to certify that the data requester
must not use the data for civil immigration enforcement purposes or disclose the data to a
state or federal government entity that primarily enforces immigration law or to any employee
or agent of any such government entity. A data requester who violates the certification
required in this paragraph may be liable in a civil action brought under section 13.08, may
be subject to criminal penalties under section 13.09, may have subsequent requests for
noncompliant driver's license or identification card data be denied by the commissioner,
and may lose access to the driver records subscription service under section 168.327. A
certification form used by the commissioner or a driver's license agent under this paragraph
must include information about penalties that apply for violations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end