1.1 	A bill for an act
1.2 	relating to government data; restricting permissible uses of data provided to 
1.3 	obtain a driver's license or Minnesota identification card and to register a 
1.4 	vehicle; prohibiting bulk sales; prohibiting resale of individual records by 
1.5 	permissible users; prohibiting disclosure of highly restricted information 
1.6 	including photographs, Social Security numbers, and medical information except 
1.7 	to government agencies; requiring permissible users to pay a fee for data; 
1.8 	providing for rulemaking authority; providing public and private remedies; 
1.9 	amending Minnesota Statutes 2004, section 13.6905, by adding a subdivision; 
1.10 	Minnesota Statutes 2005 Supplement, sections 168.346, subdivision 1; 171.12, 
1.11 	subdivision 7; repealing Minnesota Statutes 2004, section 171.12, subdivision 
1.12 	7a; Minnesota Statutes 2005 Supplement, section 168.346, subdivision 2.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	Section 1. Minnesota Statutes 2004, section 13.6905, is amended by adding a 
1.15 	subdivision to read:
1.16 		Subd. 10a.Driver's license application information. The use of information 
1.17 	provided to obtain a driver's license or Minnesota identification card is governed under 
1.18 	section 171.12, subdivision 7. 

1.19 	Sec. 2. Minnesota Statutes 2005 Supplement, section 168.346, subdivision 1, is 
1.20 	amended to read:
1.21 		Subdivision 1.Vehicle registration data; federal compliance; disclosure 
1.22 	restrictions; rules. (a) Except as provided in this section, data on an individual provided 
1.23 	to register a vehicle shall  must be treated as provided by United States Code, title 18, 
1.24 	section 2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted 
1.25 	by that section.
2.1 	(b) The commissioner shall not disclose to any person any data on individuals 
2.2 	provided to register a vehicle except to permissible users as follows:
2.3 	(1) for use in connection with matters of motor vehicle or driver safety and theft; 
2.4 	motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; 
2.5 	performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; 
2.6 	and removal of nonowner records from the original owner records of motor vehicle 
2.7 	manufacturers to carry out the purposes of titles I and IV of the Anti Car Theft Act of 
2.8 	1992; the Automobile Information Disclosure Act codified in United States Code, title 15, 
2.9 	section 1231 et seq.; the Clean Air Act codified in United States Code, title 42, section 
2.10 	7401 et seq.; and United States Code, title 49, chapters 301, 305, and 321-331;
2.11 	(2) for use by any government agency, including any court or law enforcement 
2.12 	agency, in carrying out its functions, or any private person or entity acting on behalf of a 
2.13 	federal, state, or local agency in carrying out its functions;
2.14 	(3) for use in the normal course of business by a legitimate business or its agents, 
2.15 	employees, or contractors, but only to verify the accuracy of personal information 
2.16 	submitted by an individual to the business upon that individual's express written consent; 
2.17 	or
2.18 	(4) for use by an employer or its agent or insurer to obtain or verify information 
2.19 	relating to a holder of a commercial driver's license that is required under United States 
2.20 	Code, title 49, chapter 313.
2.21 	(c) The registered owner of a vehicle who is an individual may expressly consent in 
2.22 	writing to the commissioner to disclose the individual's personal information exempted 
2.23 	by United States Code, title 18, section 2721, to any person who makes a written request 
2.24 	for the personal information. If the registered owner is an individual and so authorizes 
2.25 	disclosure, the commissioner shall implement the request. The consent must be on a 
2.26 	document separate from the application for registration, and the commissioner shall 
2.27 	neither condition in any way the issuance of the registration upon the consent nor afford 
2.28 	any preference to an individual who grants consent.
2.29 	(c) If authorized by the registered owner as indicated in paragraph (b), the registered 
2.30 	owner's personal information may be used, rented, or sold solely for bulk distribution by 
2.31 	organizations for business purposes including surveys, marketing, or solicitation. (d) The 
2.32 	commissioner may disclose data as provided in paragraph (b) only on an individual record 
2.33 	basis. The commissioner shall not disclose data on a bulk record basis.
2.34 	(e) The commissioner shall not disclose an individual's photograph or image, Social 
2.35 	Security number, or medical or disability information except to a permissible user as 
2.36 	provided in paragraph (b), clause (2).
3.1 	(f) A permissible user or its agent, employee, or contractor who receives data as 
3.2 	provided in paragraph (b) shall not resell or redisclose the data, and shall warrant to the 
3.3 	commissioner that it will not do so.
3.4 	(g) Within ten days of a disclosure of data to a permissible user as provided in 
3.5 	paragraph (b), clause (1), (3), or (4), the commissioner shall provide notice to the 
3.6 	individual about whom the data applies concerning (1) the identity of the permissible 
3.7 	user, (2) the data disclosed to the permissible user, and (3) the individual's right to bring 
3.8 	an action to remedy a violation of this section, including the prohibition on resale or 
3.9 	redisclosure of the data by the permissible user.
3.10 	(h) The commissioner shall charge each permissible user a fee sufficient to cover 
3.11 	the department's cost of complying with this subdivision.
3.12 	(i) The commissioner may adopt rules in order to implement this subdivision.
3.13 	(j) The penalties and remedies in section 8.31 apply to any violation of this section 
3.14 	by any person other than a government agency.

3.15 	Sec. 3. Minnesota Statutes 2005 Supplement, section 171.12, subdivision 7, is 
3.16 	amended to read:
3.17 		Subd. 7.Privacy of data; federal compliance; disclosure restrictions; rules. (a) 
3.18 	Except as provided in this section, data on individuals provided to obtain a driver's license 
3.19 	or Minnesota identification card shall must be treated as provided by United States Code, 
3.20 	title 18, section 2721, as in effect on May 23, 2005, and shall be disclosed as required or 
3.21 	permitted by that section.
3.22 	(b) The commissioner shall not disclose to any person any data on individuals 
3.23 	provided to obtain a driver's license or Minnesota identification card except to permissible 
3.24 	users as follows:
3.25 	(1) for use in connection with matters of motor vehicle or driver safety and theft; 
3.26 	motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; 
3.27 	performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; 
3.28 	and removal of nonowner records from the original owner records of motor vehicle 
3.29 	manufacturers to carry out the purposes of titles I and IV of the Anti Car Theft Act of 
3.30 	1992; the Automobile Information Disclosure Act codified in United States Code, title 15, 
3.31 	section 1231 et seq.; the Clean Air Act codified in United States Code, title 42, section 
3.32 	7401 et seq.; and United States Code, title 49, chapters 301, 305, and 321-331;
3.33 	(2) for use by any government agency, including any court or law enforcement 
3.34 	agency, in carrying out its functions, or any private person or entity acting on behalf of a 
3.35 	federal, state, or local agency in carrying out its functions;
4.1 	(3) for use in the normal course of business by a legitimate business or its agents, 
4.2 	employees, or contractors, but only to verify the accuracy of personal information 
4.3 	submitted by an individual to the business upon that individual's express written consent;
4.4 	(4) for use by an employer or its agent or insurer to obtain or verify information 
4.5 	relating to a holder of a commercial driver's license, as required under United States 
4.6 	Code, title 49, chapter 313.
4.7 	(c) An applicant for a driver's license or a Minnesota identification card may 
4.8 	expressly consent, in writing, to the commissioner to disclose the applicant's personal 
4.9 	information exempted by United States Code, title 18, section 2721, to any person who 
4.10 	makes a request for the personal information. If the applicant so authorizes disclosures, 
4.11 	the commissioner shall implement the request and the information may be used.  The 
4.12 	consent must be on a document separate from the application for a driver's license or 
4.13 	identification card, and the commissioner shall neither condition in any way the issuance 
4.14 	of an individual's driver's license or identification card upon the consent nor afford any 
4.15 	preference to an individual who grants consent.
4.16 	(c) If authorized by an applicant for a driver's license or a Minnesota identification 
4.17 	card, as indicated in paragraph (b), the applicant's personal information may be used, 
4.18 	rented, or sold solely for bulk distribution by organizations for business purposes, 
4.19 	including surveys, marketing, or solicitation. (d) The commissioner may disclose data 
4.20 	as provided in paragraph (b) only on an individual record basis. The commissioner shall 
4.21 	not disclose data on a bulk record basis.
4.22 	(e) The commissioner shall not disclose an individual's photograph or image, Social 
4.23 	Security number, or medical or disability information except to a permissible user as 
4.24 	provided in paragraph (b), clause (2).
4.25 	(f) A permissible user or its agent, employee, or contractor who receives data as 
4.26 	provided in paragraph (b) shall not resell or redisclose the data, and shall warrant to the 
4.27 	commissioner that it will not do so.
4.28 	(g) Within ten days of a disclosure of data to a permissible user as provided in 
4.29 	paragraph (b), clause (1), (3), or (4), the commissioner shall provide notice to the 
4.30 	individual about whom the data applies concerning (1) the identity of the permissible 
4.31 	user, (2) the data disclosed to the permissible user, and (3) the individual's right to bring 
4.32 	an action to remedy a violation of this section, including the prohibition on resale or 
4.33 	redisclosure of the data by the permissible user.
4.34 	(d) (h) An applicant for a driver's license, instruction permit, or Minnesota 
4.35 	identification card may request that the applicant's residence address be classified 
4.36 	as "private data on individuals," as defined in section 13.02, subdivision 12. The 
5.1 	commissioner shall grant the classification on receipt of a signed statement by the 
5.2 	individual that the classification is required for the safety of the applicant or the applicant's 
5.3 	family, if the statement also provides a valid, existing address where the applicant 
5.4 	consents to receive service of process. The commissioner shall use the service for 
5.5 	process mailing address in place of the residence address in all documents and notices 
5.6 	pertaining to the driver's license, instruction permit, or Minnesota identification card. The 
5.7 	residence address and any information provided in the classification request, other than the 
5.8 	mailing address, are private data on individuals and may be provided to requesting law 
5.9 	enforcement agencies, probation and parole agencies, and public authorities, as defined 
5.10 	in section 518.54, subdivision 9.
5.11 	(i) The commissioner shall charge each permissible user a fee sufficient to cover 
5.12 	the department's cost of complying with this subdivision.
5.13 	(j) The commissioner may adopt rules in order to implement this subdivision.
5.14 	(k) The penalties and remedies in section 8.31 apply to any violation of this section 
5.15 	by any person other than a government agency.

5.16 	Sec. 4.  REPEALER.
 5.17 	Minnesota Statutes 2004, section 171.12, subdivision 7a, and Minnesota Statutes 
5.18 	2005 Supplement, section 168.346, subdivision 2, are repealed.