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SF 3132

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to data practices; regulating the disclosure of certain data; classifying
certain data; regulating tribal identification cards; authorizing the exchange of
certain information; requiring the deletion or the correction of certain data;
providing civil remedies; amending Minnesota Statutes 2004, sections 13.072,
subdivision 1; 13.32, by adding a subdivision; 13.3805, by adding a subdivision;
13.87, by adding a subdivision; 136A.162; 138.17, subdivisions 7, 8; 144.335,
by adding a subdivision; 624.714, by adding a subdivision; 626.557, subdivision
9a; Minnesota Statutes 2005 Supplement, sections 13.6905, subdivision 3;
171.02, subdivision 1; 270C.03, subdivision 1; 299C.40, subdivision 1; 325E.59,
subdivisions 1, 3; proposing coding for new law in Minnesota Statutes, chapter
171; proposing coding for new law as Minnesota Statutes, chapter 170A;
repealing Minnesota Statutes 2004, section 13.6905, subdivision 10; Minnesota
Statutes 2005 Supplement, sections 168.346; 171.12, subdivisions 7, 7a;
325E.59, subdivision 2.

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

ARTICLE 1

GENERAL DATA PRACTICES PROVISIONS

Section 1.

Minnesota Statutes 2004, section 13.072, subdivision 1, is amended to read:


Subdivision 1.

Opinion; when required.

(a) Upon request of a government entity,
the commissioner may give a written opinion on any question relating to public access
to government data, rights of subjects of data, or classification of data under this chapter
or other Minnesota statutes governing government data practices. Upon request of any
person who disagrees with a determination regarding data practices made by a government
entity, the commissioner may give a written opinion regarding the person's rights as a
subject of government data or right to have access to government data.

(b) Upon request of a body subject to chapter 13D, the commissioner may give a
written opinion on any question relating to the body's duties under chapter 13D. Upon
request of a person who disagrees with the manner in which members of a governing body
perform their duties under chapter 13D, the commissioner may give a written opinion
on compliance with chapter 13D. A governing body or person requesting an opinion
under this paragraph must pay the commissioner a fee of $200. Money received by the
commissioner under this paragraph is appropriated to the commissioner for the purposes
of this section.

(c) If the commissioner determines that no opinion will be issued, the commissioner
shall give the government entity or body subject to chapter 13D or person requesting
the opinion notice of the decision not to issue the opinion within five new text begin businessnew text end new text begin new text end days of
receipt of the request. If this notice is not given, the commissioner shall issue an opinion
within 20 days of receipt of the request.

(d) For good cause and upon written notice to the person requesting the opinion,
the commissioner may extend this deadline for one additional 30-day period. The notice
must state the reason for extending the deadline. The government entity or the members
of a body subject to chapter 13D must be provided a reasonable opportunity to explain the
reasons for its decision regarding the data or how they perform their duties under chapter
13D. The commissioner or the government entity or body subject to chapter 13D may
choose to give notice to the subject of the data concerning the dispute regarding the data
or compliance with chapter 13D.

(e) This section does not apply to a determination made by the commissioner of
health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.

(f) A written opinion issued by the attorney general shall take precedence over an
opinion issued by the commissioner under this section.

Sec. 2.

Minnesota Statutes 2004, section 13.32, is amended by adding a subdivision to
read:


new text begin Subd. 8a. new text end

new text begin Access by juvenile justice system; bullying behavior. new text end

new text begin (a) For purposes
of this subdivision, "bullying behavior" means any written or verbal expression or physical
act or gesture by a student that is intended to cause or is perceived as causing distress to
one or more students and that substantially interferes with another student's educational
benefits, opportunities, or performance. Bullying includes, but is not limited to, conduct
by a student against another student that a reasonable person under the circumstances
knows or should know has the effect of harming a student, damaging a student's property,
placing a student in reasonable fear of harm to the student's person or property, or creating
a hostile educational environment for a student.
new text end

new text begin (b) Education data relating to bullying behavior by a student may be disclosed
under subdivision 3, clause (i).
new text end

Sec. 3.

Minnesota Statutes 2004, section 13.3805, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Drinking water testing data. new text end

new text begin Data maintained by the Department
of Health or community public water systems that identify the address of the testing
site and the name, address, and telephone number of residential homeowners of each
specific site that is tested for lead and copper as required by the federal Safe Drinking
Water Act, the United States Environmental Protection Agency's lead and copper rule,
and the department's drinking water protection program are private data on individuals
or nonpublic data.
new text end

Sec. 4.

Minnesota Statutes 2004, section 13.87, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Name and index service data. new text end

new text begin (a) For purposes of this section, "name
and event index service data" means data of the Bureau of Criminal Apprehension that
link data on an individual that are stored in one or more databases maintained by criminal
justice agencies, as defined in section 299C.46, subdivision 2, or the judiciary.
new text end

new text begin (b) Name and event index service data are private data on individuals, provided
that if the data link private or public data on an individual to confidential data on that
individual, the data are confidential data on that individual. The data become private data
if the data no longer link private or public data to confidential data. The classification of
data in the name and event index service does not change the classification of the data in
the databases linked by the service.
new text end

Sec. 5.

Minnesota Statutes 2004, section 136A.162, is amended to read:


136A.162 CLASSIFICATION OF DATA.

deleted text begin Alldeleted text end new text begin (a) Except as provided in paragraphs (b) and (c),new text end data on applicants for financial
assistance collected and used by the Higher Education Services Office for student
financial aid programs administered by that office deleted text begin shall be classified asdeleted text end new text begin arenew text end private data
on individuals deleted text begin underdeleted text end new text begin as defined innew text end section 13.02, subdivision 12. deleted text begin Exceptions to this
classification are that:
deleted text end

deleted text begin (a) the names and addresses of program recipients or participants are public data;
deleted text end

(b) Data on applicants may be disclosed to the commissioner of human services
to the extent necessary to determine eligibility under section 136A.121, subdivision 2,
clause (5)deleted text begin ; anddeleted text end new text begin .new text end

(c) The following data collected in the Minnesota supplemental loan program under
section 136A.1701 may be disclosed to a consumer credit reporting agency only if the
borrower and the cosigner give informed consent, according to section 13.05, subdivision
4
, at the time of application for a loan:

(1) the lender-assigned borrower identification number;

(2) the name and address of borrower;

(3) the name and address of cosigner;

(4) the date the account is opened;

(5) the outstanding account balance;

(6) the dollar amount past due;

(7) the number of payments past due;

(8) the number of late payments in previous 12 months;

(9) the type of account;

(10) the responsibility for the account; and

(11) the status or remarks code.

Sec. 6.

Minnesota Statutes 2004, section 138.17, subdivision 7, is amended to read:


Subd. 7.

Records management deleted text begin programdeleted text end .

deleted text begin A records management program for the
application of efficient and economical management methods to the creation, utilization,
maintenance, retention, preservation, and disposal of official records shall be administered
by the commissioner of administration with assistance from the director of the historical
society. The State Records Center which stores and services state records not in state
archives shall be administered by the commissioner of administration. The commissioner
of administration is empowered to (1) establish standards, procedures, and techniques for
effective management of government records, (2) make continuing surveys of paper work
operations, and (3) recommend improvements in current records management practices
including the use of space, equipment, and supplies employed in creating, maintaining,
preserving and disposing of government records.
deleted text end It shall be the duty of the head of each
state agency and the governing body of each county, municipality, and other subdivision
of government deleted text begin to cooperate with the commissioner in conducting surveys anddeleted text end to establish
and maintain an active, continuing program for the economical and efficient management
of the records of each agency, county, municipality, or other subdivision of government.
deleted text begin When requested by the commissioner,deleted text end Public officials shall deleted text begin assist in the preparation ofdeleted text end new text begin
prepare
new text end an inclusive inventory of records in their custody, to which shall be attached
a schedule, approved by the head of the governmental unit or agency having custody
of the records deleted text begin and the commissionerdeleted text end , establishing a time period for the retention or
disposal of each series of records. When the schedule is unanimously approved by the
records disposition panel, the head of the governmental unit or agency having custody
of the records may dispose of the type of records listed in the schedule at a time and in
a manner prescribed in the schedule for particular records which were created after the
approval. A list of records disposed of pursuant to this subdivision shall be maintained by
the governmental unit or agency.

Sec. 7.

Minnesota Statutes 2004, section 138.17, subdivision 8, is amended to read:


Subd. 8.

Emergency records preservation.

deleted text begin In light of the danger of nuclear or
natural disaster, the commissioner of administration, with the assistance of the director
of the historical society, shall establish and maintain a program for the selection and
preservation of public records considered essential to the operation of government and to
the protection of the rights and interests of persons, and shall make or cause to be made
preservation duplicates or designate as preservation duplicates existing copies of such
essential public records. Preservation duplicates shall be durable, accurate, complete, and
clear, and such duplicates reproduced by photographic or other process which accurately
reproduces and forms a durable medium for so reproducing the original shall have the
same force and effect for all purposes as the original record whether the original record is
in existence or not. A transcript, exemplification, or certified copy of such preservation
duplicate shall be deemed for all purposes to be a transcript, exemplification, or certified
copy of the original record. Such preservation duplicates shall be preserved in the place
and manner of safekeeping prescribed by the commissioner.
deleted text end

Every county, municipality, or other subdivision of government may institute
a program for the preservation of necessary documents essential to the continuity of
governmentnew text begin in the event of a disaster or emergencynew text end . deleted text begin Such a program shall first be
submitted to the commissioner for approval or disapproval and no such program shall be
instituted until such approval is obtained.
deleted text end

Sec. 8.

Minnesota Statutes 2004, section 144.335, is amended by adding a subdivision
to read:


new text begin Subd. 3d. new text end

new text begin Release of records for family and caretaker involvement in mental
health care.
new text end

new text begin (a) Notwithstanding subdivision 3a, a provider providing mental health care
and treatment may disclose health record information described in paragraph (b) about a
patient to a family member of the patient or other person who requests the information if:
new text end

new text begin (1) the request for information is in writing;
new text end

new text begin (2) the family member or other person lives with, provides care for, or is directly
involved in monitoring the treatment of the patient;
new text end

new text begin (3) the involvement under clause (2) is verified by the patient's mental health care
provider, the patient's attending physician, or a person other than the person requesting
the information;
new text end

new text begin (4) before the disclosure, the patient is informed in writing of the request, the name
of the person requesting the information, the reason for the request, and the specific
information being requested;
new text end

new text begin (5) the patient agrees to the disclosure, does not object to the disclosure, or is unable
to consent or object; and
new text end

new text begin (6) the disclosure is necessary to assist in the provision of care or monitoring of the
patient's treatment.
new text end

new text begin (b) The information disclosed under this subdivision is limited to diagnosis,
admission to or discharge from treatment, the name and dosage of the medications
prescribed, side effects of the medication, consequences of failure of the patient to take the
prescribed medication, and a summary of the discharge plan.
new text end

new text begin (c) If a provider reasonably determines that providing information under this
subdivision would be detrimental to the physical or mental health of the patient or is
likely to cause the patient to inflict self harm or to harm another, the provider must not
disclose the information.
new text end

new text begin (d) This subdivision does not apply to disclosures for a medical emergency or to
family members as authorized or required under subdivision 3a, paragraph (b), clause
(1), or paragraph (f).
new text end

Sec. 9.

Minnesota Statutes 2005 Supplement, section 171.02, subdivision 1, is
amended to read:


Subdivision 1.

License required.

Except when expressly exempted, a person
shall not drive a motor vehicle upon a street or highway in this state unless the person
has a license valid under this chapter for the type or class of vehicle being driven. The
department shall not issue a driver's license to a person unless and until the person's license
from any jurisdiction has been invalidated. The department shall provide to the issuing
department of any jurisdiction, information that the licensee is now licensed in Minnesota.
A person is not permitted to have more than one valid driver's license at any time. The
department shall not issue to a person to whom a current Minnesota identification card has
been issued a driver's license, other than a limited license, unless the person's Minnesota
identification card has been invalidated.new text begin This subdivision does not require invalidation of
a tribal identification card as a condition of receiving a driver's license.
new text end

Sec. 10.

new text begin [171.072] TRIBAL IDENTIFICATION CARD.
new text end

new text begin (a) If a Minnesota identification card is deemed an acceptable form of identification
in Minnesota Statutes or Rules, a tribal identification card is also an acceptable form
of identification. A tribal identification card is a primary document for purposes of
Minnesota Rules, part 7410.0400, and successor rules.
new text end

new text begin (b) For purposes of this subdivision, "tribal identification card" means an unexpired
identification card issued by a Minnesota tribal government of a tribe recognized by the
Bureau of Indian Affairs, United States Department of the Interior, that contains the legal
name, date of birth, signature, and picture of the enrolled tribal member.
new text end

new text begin (c) The tribal identification card must contain security features that make it as
impervious to alteration as is reasonably practicable in its design and quality of material
and technology. The security features must use materials that are not readily available to
the general public. The tribal identification card must not be susceptible to reproduction
by photocopying or simulation and must be highly resistant to data or photograph
substitution and other tampering. The requirements of this section do not apply to tribal
identification cards used to prove an individual's residence for purposes of section
201.061, subdivision 3.
new text end

Sec. 11.

Minnesota Statutes 2005 Supplement, section 270C.03, subdivision 1, is
amended to read:


Subdivision 1.

Powers and duties.

The commissioner shall have and exercise
the following powers and duties:

(1) administer and enforce the assessment and collection of taxes;

(2) make determinations, corrections, and assessments with respect to taxes,
including interest, additions to taxes, and assessable penalties;

(3) use statistical or other sampling techniques consistent with generally accepted
auditing standards in examining returns or records and making assessments;

(4) investigate the tax laws of other states and countries, and formulate and submit
to the legislature such legislation as the commissioner may deem expedient to prevent
evasions of state revenue laws and to secure just and equal taxation and improvement in
the system of state revenue laws;

(5) consult and confer with the governor upon the subject of taxation, the
administration of the laws in regard thereto, and the progress of the work of the
department, and furnish the governor, from time to time, such assistance and information
as the governor may require relating to tax matters;

(6) execute and administer any agreement with the secretary of the treasury new text begin or the
Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice
new text end of the
United States or a representative of another state regarding the exchange of information
and administration of the state revenue laws;

(7) require town, city, county, and other public officers to report information as to the
collection of taxes received from licenses and other sources, and such other information
as may be needful in the work of the commissioner, in such form as the commissioner
may prescribe;

(8) authorize the use of unmarked motor vehicles to conduct seizures or criminal
investigations pursuant to the commissioner's authority; and

(9) exercise other powers and authority and perform other duties required of or
imposed upon the commissioner by law.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is
amended to read:


Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
in the Department of Public Safety and managed by the Bureau of Criminal Apprehension,
Criminal Justice Information Systems Section. A reference in this section to "CIBRS"
includes the Bureau of Criminal Apprehension.

(c) "Law enforcement agency" means a Minnesota municipal police department,
the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
Minnesota Police Department, new text begin the Department of Corrections' Fugitive Apprehension
Unit,
new text end a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or
the Minnesota State Patrol.

Sec. 13.

Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 1, is
amended to read:


Subdivision 1.

Generally.

new text begin (a) new text end A person or entity, not including a government entity,
may not do any of the following:

(1) publicly post or publicly display in any manner an individual's Social Security
number. "Publicly post" or "publicly display" means to intentionally communicate or
otherwise make available to the general public;

(2) print an individual's Social Security number on any card required for the
individual to access products or services provided by the person or entity;

(3) require an individual to transmit the individual's Social Security number over the
Internet, unless the connection is secure or the Social Security number is encrypted;

(4) require an individual to use the individual's Social Security number to access an
Internet Web site, unless a password or unique personal identification number or other
authentication device is also required to access the Internet Web site; deleted text begin or
deleted text end

(5) print a number that the person or entity knows to be an individual's Social
Security number on any materials that are mailed to the individual, unless state or federal
law requires the Social Security number to be on the document to be mailed. If, in
connection with a transaction involving or otherwise relating to an individual, a person
or entity receives a number from a third party, that person or entity is under no duty to
inquire or otherwise determine whether the number is or includes that individual's Social
Security number and may print that number on materials mailed to the individual, unless
the person or entity receiving the number has actual knowledge that the number is or
includes the individual's Social Security numberdeleted text begin .deleted text end new text begin ;
new text end

new text begin (6) assign or use a number as an account identifier that is identical to or incorporates
an individual's complete Social Security number; or
new text end

new text begin (7) sell Social Security numbers obtained from individuals in the course of business.
new text end

Notwithstanding clauses (1) to (5), Social Security numbers may be included in
applications and forms sent by mail, including documents sent as part of an application or
enrollment process, or to establish, amend, or terminate an account, contract, or policy,
or to confirm the accuracy of the Social Security number. Nothing in this paragraph
authorizes inclusion of a Social Security number on the outside of a mailingnew text begin or in the bulk
mailing of a credit card solicitation offer
new text end .

new text begin (b) A person or entity, not including a government entity, must restrict access to
individual Social Security numbers it holds so that only employees who require the
numbers in order to perform their job duties have access to the numbers.
new text end

deleted text begin Except as provided in subdivision 2,deleted text end new text begin (c) new text end This section applies only to the use of Social
Security numbers on or after July 1, 2007.

Sec. 14.

Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 3, is
amended to read:


Subd. 3.

Coordination with other law.

This section does not preventnew text begin : new text end

new text begin (1) new text end the collection, use, or release of a Social Security number as required by state or
federal law deleted text begin ordeleted text end new text begin ;
new text end

new text begin (2) new text end the use of a Social Security number for internal verification or administrative
purposesdeleted text begin .deleted text end new text begin ;
new text end

new text begin (3) the use of a Social Security number to access a credit report for purposes allowed
by the federal Fair Credit Reporting Act, United States Code, title 15, section 1681a, if
a Social Security number is required in order to access the credit report or the use of a
Social Security number in reporting information to a consumer reporting agency; or
new text end

new text begin (4) the use of a Social Security number to access or report information to a person
who maintains a database of information used in connection with the prevention or
detection of fraud.
new text end

Sec. 15.

Minnesota Statutes 2004, section 624.714, is amended by adding a subdivision
to read:


new text begin Subd. 14a. new text end

new text begin Parole and probation authority access to records. new text end

new text begin Parole and
probation authorities must be given access to records or data collected, made, or held
under this section concerning any applicant or permit holder who is a defendant, parolee,
or probationer of a district court.
new text end

Sec. 16.

Minnesota Statutes 2004, section 626.557, subdivision 9a, is amended to read:


Subd. 9a.

Evaluation and referral of reports made to a common entry
point unit.

The common entry point must screen the reports of alleged or suspected
maltreatment for immediate risk and make all necessary referrals as follows:

(1) if the common entry point determines that there is an immediate need for
adult protective services, the common entry point agency shall immediately notify the
appropriate county agency;

(2) if the report contains suspected criminal activity against a vulnerable adult, the
common entry point shall immediately notify the appropriate law enforcement agency;

(3) if the report references alleged or suspected maltreatment and there is no
immediate need for adult protective services, the common entry point shall notify the
appropriate lead agency as soon as possible, but in any event no longer than two working
days;

(4) if the report does not reference alleged or suspected maltreatment, the common
entry point may determine whether the information will be referred; and

(5) if the report contains information about a suspicious death, the common entry
point shall immediately notify the appropriate law enforcement agenciesnew text begin , the local medical
examiner,
new text end and the ombudsman established under section 245.92. Law enforcement
agencies shall coordinate with the local medical examiner and the ombudsman as provided
by law.

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 2, new text end new text begin is repealed.
new text end

ARTICLE 2

MOTOR VEHICLE AND DRIVER'S LICENSE RECORDS

Section 1.

Minnesota Statutes 2005 Supplement, section 13.6905, subdivision 3,
is amended to read:


Subd. 3.

Motor vehicle deleted text begin registrationdeleted text end new text begin and driver's license datanew text end .

deleted text begin Various data ondeleted text end
new text begin Disclosure and use of new text end motor vehicle deleted text begin registrations are classified under sections 168.327,
subdivision 3
, and 168.346
deleted text end new text begin registration and driver's license data is governed by chapter
170A
new text end .

Sec. 2.

new text begin [170A.01] PERSONAL INFORMATION IN MOTOR VEHICLE AND
DRIVER'S LICENSE RECORDS.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in United States Code, title 18, section
2725, and chapters 168 and 171, apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin This chapter applies to:
new text end

new text begin (1) personal information on an owner provided to register a motor vehicle under
chapter 168; and
new text end

new text begin (2) personal information provided to obtain a driver's license or Minnesota
identification card under chapter 171.
new text end

new text begin Subd. 3. new text end

new text begin Federal compliance; permissible disclosures under state law. new text end

new text begin Except
as otherwise provided in this section, personal information must be treated as provided
in United States Code, title 18, section 2721. The commissioner shall disclose personal
information as required by section 2721, paragraph (b), and for the uses permitted by
paragraph (b), clauses (1) to (3), (5) to (7), (9), and (14), subject to the restrictions on
the disclosure of highly restricted personal information. The commissioner must not
disclose personal information for other uses except as required by law or with the consent
of the subject.
new text end

new text begin Subd. 4. new text end

new text begin Consent. new text end

new text begin The subject of personal information may expressly consent
in writing to the disclosure of the individual's personal information not authorized by
United States Code, title 18, section 2721, or this chapter, to a person who makes a written
request for the personal information. If the subject of the information is an individual and
so authorizes disclosure, the commissioner shall implement the request. The consent
must be on a document separate from the application for a motor vehicle registration,
driver's license, or Minnesota identification card. The commissioner must not condition
the issuance of a registration, license, or card upon a consent or give any preference to an
individual who grants consent.
new text end

Sec. 3.

new text begin [170A.02] PUBLIC SAFETY DISCLOSURES.
new text end

new text begin The commissioner shall disclose personal information when the use is related to the
operation or use of a motor vehicle or public safety, as authorized under United States
Code, section 2721(b)(14). The use of personal information is related to public safety if it
concerns the physical safety or security of drivers, vehicles, pedestrians, or property.
new text end

Sec. 4.

new text begin [170A.03] TYPE OF RECORD ACCESS AUTHORIZED.
new text end

new text begin Subdivision 1. new text end

new text begin Access limited to individual records. new text end

new text begin Except as provided in
subdivision 2, the commissioner may disclose personal information only on an individual
record basis in response to a permissible user's identification of the name of the individual
subject of the data to whom the permissible use relates or, in the case of a disclosure for
purposes of notifying an owner of a towed or impounded vehicle, the vehicle identification
number or license plate number.
new text end

new text begin Subd. 2. new text end

new text begin Exception to individual record requirement for certain uses. new text end

new text begin The
commissioner may disclose personal information in a manner other than an individual
record basis only for a permissible use under United States Code, title 18, section
2721(b)(1), (2), (5), (6), or (14).
new text end

Sec. 5.

new text begin [170A.04] REQUEST AND DISCLOSURE REQUIREMENTS AND
CONDITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for request; cooperation. new text end

new text begin A person who requests
disclosure of personal information under section 170A.01 must identify the data elements
requested and the reason each element is needed. The commissioner shall disclose only
those data elements needed to accomplish the use for which the request is made. A person
who receives personal information from the commissioner or from a permissible user
under subdivision 3 must cooperate in good faith with all compliance activities.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure conditions. new text end

new text begin (a) Personal information may be disclosed
only under the following conditions, which must be reflected in a contract between the
permissible user and the commissioner:
new text end

new text begin (1) the commissioner may periodically conduct an audit to assess compliance by the
permissible user with this section;
new text end

new text begin (2) the commissioner shall encrypt data that are released electronically and uniquely
identify all data provided to each permissible user in order to prevent unauthorized access
and track the source of unauthorized releases of the data; this encryption and unique
identifier must not be removed, altered, or otherwise compromised by the permissible user
or any subsequent user;
new text end

new text begin (3) the permissible user shall submit a signed, dated certification to the commissioner
as provided in paragraph (b);
new text end

new text begin (4) the commissioner shall disclose only the data elements that are necessary to
accomplish the application certified by the permissible user;
new text end

new text begin (5) the permissible user may use the data only for the use and applications for which
the data are obtained and certified;
new text end

new text begin (6) the permissible user shall permit access to the data only by persons for whom
access is necessary to perform or support the application certified by the permissible user;
new text end

new text begin (7) the permissible user shall establish comprehensive administrative, technical, and
administrative safeguards to insure the security and confidentiality of the data, to protect
against any anticipated threats or hazards to the security and integrity of the data, and to
protect against unauthorized access to or use of the data; and
new text end

new text begin (8) the permissible user must not resell or redisclose any data obtained under this
section to any subsequent user, except as provided in subdivision 3.
new text end

new text begin (b) The certification required under paragraph (a) must state:
new text end

new text begin (1) each statutory use under which the user requests the data;
new text end

new text begin (2) each specific application of the data by the user consistent with the statutory use;
new text end

new text begin (3) each data element necessary to accomplish that application; and
new text end

new text begin (4) the reason the data element is necessary to accomplish the application.
new text end

new text begin The certification must be made by the permissible user under penalty of perjury and
upon direct knowledge of the truth of the matters certified. If any part of the certification is
no longer accurate or has changed, the permissible user must file an amended certification
before obtaining further access to data under the contract. A permissible user who obtains
access to data under the terms of an existing contract is deemed to have affirmed the
existing certification.
new text end

new text begin Subd. 3. new text end

new text begin Conditions for resale or redisclosure. new text end

new text begin A permissible user or subsequent
permissible user who receives personal information under this section may resell or
redisclose the information only under the following conditions, which must be reflected in
a contract between the permissible user and the subsequent permissible user:
new text end

new text begin (1) the permissible user shall obtain from the subsequent user a certification meeting
the requirements of subdivision 2, paragraph (a), clause (3), and paragraph (b);
new text end

new text begin (2) the permissible user shall independently determine and verify the business
identity of any subsequent user that is not an individual and that each user has, and is
legitimately engaged in, the uses and applications it certified, including, as appropriate,
through a site visit;
new text end

new text begin (3) the permissible user may redisclose or resell only the data elements that are
necessary to accomplish the application certified by the subsequent user;
new text end

new text begin (4) the subsequent user may use the data only for the use and applications for which
the data are obtained and certified;
new text end

new text begin (5) the permissible user shall require that the subsequent user use the data for
the same statutory use under which the permissible user received the data from the
commissioner, and for no other permissible use or application inconsistent with this use;
new text end

new text begin (6) the commissioner or the permissible user may only resell or redisclose data
with an encryption and unique identifier in the data placed by the commissioner under
subdivision 2, paragraph (a), clause (2), and shall prohibit the subsequent user from
removing, altering, or otherwise compromising an encryption and identifier;
new text end

new text begin (7) the permissible user shall verify that the subsequent user has established
administrative, technical, and administrative safeguards at least as secure as the
permissible user's comprehensive security safeguards;
new text end

new text begin (8) the commissioner or the permissible user may periodically audit the subsequent
user's compliance with its certification and this section; and
new text end

new text begin (9) the permissible user shall inform the subsequent user that section 170A.05
imposes private and public penalties and remedies for a violation of this chapter or a
user contract.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 2, paragraph (a), clause (2), is effective January
1, 2007.
new text end

Sec. 6.

new text begin [170A.05] REMEDIES AND PENALTIES.
new text end

new text begin The remedies and penalties in section 8.31 apply to a user of personal information
or a subsequent user who violates this chapter or the terms of a user contract. Sections
13.08 and 13.09 apply to a violation of this chapter by a government entity or employee
of a government entity.
new text end

Sec. 7.

new text begin [170A.06] ORGAN PROCUREMENT ORGANIZATIONS.
new text end

new text begin This chapter does not affect the use of organ donation information on an individual's
driver's license or Minnesota identification card or affect access to personal information
by a federally certified or designated nonprofit organ procurement organization in
connection with its authorized activities.
new text end

Sec. 8.

new text begin [170A.07] PRIVACY CLASSIFICATION FOR PERSONAL SAFETY.
new text end

new text begin An individual who is the subject of personal information may request, in writing,
that the individual'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 on receipt of a signed statement by the individual that the
classification is required for the safety of the individual or the individual's family, if the
statement also provides a valid, existing address where the individual consents to receive
service of process. The commissioner shall use the service of process mailing address
in place of the individual's residence address in all documents and notices pertaining
to the motor vehicle or driver's license or Minnesota identification card, as applicable.
The residence address or name and residence address and any information provided in
the classification request, other than the individual's service for process mailing address,
are private data on individuals but 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 end

Sec. 9.

new text begin [170A.08] REFUSAL TO DISCLOSE INFORMATION UNDER
CERTAIN CIRCUMSTANCES.
new text end

new text begin The commissioner may refuse to disclose personal information under this chapter if
the commissioner has reason to believe that the person requesting the personal information
is likely to use the information for an illegal or improper purpose or is otherwise not
going to comply with this chapter.
new text end

Sec. 10.

new text begin [170A.09] RELATIONSHIP TO DATA PRACTICES ACT.
new text end

new text begin Chapter 13 applies to this chapter except to the extent provisions of this chapter are
inconsistent with chapter 13. The disclosures authorized under this chapter are subject to
restrictions on access to data under section 13.69 and other applicable law.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 13.6905, subdivision 10, new text end new text begin and new text end new text begin Minnesota Statutes
2005 Supplement, sections 168.346; and 171.12, subdivisions 7 and 7a,
new text end new text begin are repealed.
new text end