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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 368-S.F.No. 2448 
                  An act relating to government data practices; 
                  providing for disclosure by the department of public 
                  safety of personal data related to operation of a 
                  motor vehicle; amending Minnesota Statutes 2000, 
                  sections 168.346; 171.12, subdivision 7a.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 168.346, is 
        amended to read: 
           168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
           (a) The registered owner of a motor vehicle may request in 
        writing that the owner's residence address or name and residence 
        address be classified as private data on individuals, as defined 
        in section 13.02, subdivision 12.  The commissioner shall grant 
        the classification upon receipt of a signed statement by the 
        owner that the classification is required for the safety of the 
        owner or the owner's family, if the statement also provides a 
        valid, existing address where the owner consents to receive 
        service of process.  The commissioner shall use the mailing 
        address in place of the residence address in all documents and 
        notices pertaining to the motor vehicle.  The residence address 
        or name and 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. 
           (b) An individual registered owner of a motor vehicle must 
        be informed in a clear and conspicuous manner on the forms for 
        issuance or renewal of titles and registrations, that the 
        owner's personal information may be disclosed to any person who 
        makes a request for the personal information, and that, except 
        for uses permitted by United States Code, title 18, section 
        2721, subsection (b), the registered owner may prohibit 
        disclosure of the personal information by so indicating on the 
        form.  For purposes of this paragraph, access by requesters 
        making requests described in section 168.345, subdivision 4, is 
        deemed to be related to public safety.  
           (c) At the time of registration or renewal, the individual 
        registered owner of a motor vehicle must also be informed in a 
        clear and conspicuous manner on forms that the owner's personal 
        information may be used, rented, or sold solely for bulk 
        distribution by organizations for business purposes including 
        surveys, marketing, and solicitation.  The commissioner shall 
        implement methods and procedures that enable the registered 
        owner to request that bulk surveys, marketing, or solicitation 
        not be directed to the owner.  If the registered owner so 
        requests, the commissioner shall implement the request in a 
        timely manner and the personal information may not be so used. 
           (d) The commissioner shall disclose personal information 
        when the use is related to the operation of a motor vehicle or 
        public safety.  The use of personal information is related to 
        public safety if it concerns the physical safety or security of 
        drivers, vehicles, pedestrians, or property.  The commissioner 
        may refuse to disclose data under this paragraph when the 
        commissioner concludes that the requester is likely to use the 
        data for illegal, improper, or noninvestigative purposes. 
           (e) To the extent permitted by United States Code, title 
        18, section 2721, data on individuals provided to register a 
        motor vehicle is public data on individuals and shall be 
        disclosed as permitted by United States Code, title 18, section 
        2721, subsection (b).  
           Sec. 2.  Minnesota Statutes 2000, section 171.12, 
        subdivision 7a, is amended to read: 
           Subd. 7a.  [DISCLOSURE OF PERSONAL INFORMATION.] The 
        commissioner shall disclose personal information where the use 
        is related to the operation of a motor vehicle or to public 
        safety, including public dissemination.  The use of personal 
        information is related to public safety if it concerns the 
        physical safety or security of drivers, vehicles, pedestrians, 
        or property.  The commissioner may refuse to disclose data under 
        this subdivision when the commissioner concludes that the 
        requester is likely to use the data for illegal, improper, or 
        noninvestigative purposes. 
           Presented to the governor May 13, 2002 
           Signed by the governor May 15, 2002, 1:21 p.m.