Fill - Free fillable RECORDS ACCESS AGREEMENT MINNESOTA DEPARTMENT OF PUBLIC SAFETY (Minnesota) PDF form

Rev. 10/2019

Individual User Data Use Representative (DUR)

Signature:

Printed Name:

Date:

Signature:

Printed Name:

Date:

Keep this agreement in your office.

MINNESOTA DEPARTMENT OF PUBLIC SAFETY

DRIVER AND VEHICLE SERVICES

Your Full Name:

1. My access is restricted to only the data necessary to perform my job duties.

2. The DVS data will not be used for personal or non-business purposes. Any such use is in violation of state

and federal law.

3. I understand I am assigned a unique username, and my password information will not be shared with

anyone, including other employees or my supervisors. I understand upon investigation I will be held

responsible for any transactions or searches associated with my username.

4. I understand that improper use or dissemination of DVS data will result in permanent loss of record

access as well as criminal and civil penalties under both state and federal law.

5. As an employee of the DVS BUSINESS PARTNER, I will comply with the Government Data Practices as

defined in this agreement. The DVS BUSINESS PARTNER and the STATE must comply with the

Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 and Title 18 U.S.C. § 2721, as they apply to

all data provided by the STATE under this agreement, and as it applies to all data created, collected,

received, stored, used, maintained, or disseminated by the DVS BUSINESS PARTNER under this

agreement. The civil remedies of Minn. Stat. §§ 13.08 and 13.09, and Title 18 U.S.C. § 2721 apply to the

dissemination of the data referred to in this clause by either the DVS BUSINESS PARTNER or the

STATE. (See Exhibit B and Exhibit C.)

DVS Business Partner:

My employer provided training on the proper use and dissemination of DVS Data. I have read and understand

DVS policy 125-1000, Security and Confidentiality of Data & Records (See Exhibit A), and have had the

opportunity to ask questions and discuss them with my supervisor.

I understand that pursuant to Minn. Stat. § 171.12, Subd. 1a (b), the Commissioner will immediately and

permanently revoke access of any staff who willfully enters, updates, accesses, shares, or

disseminates data in violation of state or federal law. The Commissioner will forward any violation of

state or federal law to the appropriate authority for prosecution.

I understand my password must be changed every 90 days to remain active.

Individual

RECORDS ACCESS AGREEMENT

Print Form

Rev. 10/2019

Exhibit A

SECURITY AND CONFIDENTIALITY OF DATA & RECORDS

Driver and Vehicle Services

Policy Number: 125-1000

POLICY:

Access to Driver and Vehicle Services (DVS) data is granted and authorized only during work hours and for the purposes of

carrying out assigned job duties.

Effective October 1, 2018, the Commissioner will immediately and permanently revoke authorization of any individual who

willfully enters, updates, accesses, shares, or disseminates data in violation of state law. Minn. Stat. § 171.12, subd. (1a)(b).

The Commissioner will forward any violations of state or federal law to the appropriate authority for prosecution. Minn. Stat. §

171.12, subd. (1a)(b).

AUTHORITY:

18 U.S.C. §§ 2721 et seq., Driver's Privacy Protection Act

Minn. Stat. Ch. 13, Minnesota Government Data Practices Act

Minn. Stat. § 168.345, subd. 1, Information by telephone

Minn. Stat. § 171.07, subd. 1a, Filing photograph or image; data classification

Minn. Stat. § 171.12, subd. (1a)(b), Driver and vehicle services information system; security and auditing

Minn. R. 1205.0200, subp. 9, Private data

DPS Policy 5100, Acceptable Use of Department Computers, Electronic Equipment, Information Systems and Resources

APPLICABILITY:

All DVS employees and individuals who have access to DVS data

PURPOSE:

To ensure all DVS employees and individuals who have access to DVS data are informed of Minnesota statutes and federal

laws regarding the appropriate access and use of division records.

DEFINITIONS:

Personal Information - identifying data including, but not limited to, an individual's photograph, social security number, driver's

license number, name, address (not zip code) date of birth, telephone number, and medical/disability information.

Staff - for the purposes of this policy, staff means DVS employees and any individuals who have access to DVS data.

Transactions - all interactions with customers, stakeholders, and legislators, including but not limited to, phone inquiries,

emails, letters, applications, orders, convictions relating to licenses, identification cards, and motor vehicles. 18 U.S.C. §§

2721 et seq.

PROCEDURES:

A. All staff must read this policy and sign the “DVS Data Access Attestation Statement,” 125-1000a (attached) on the first day

of employment.

B. Each January, all staff must review this policy and sign the “DVS Data Access Attestation Statement,” 125-1000a

(attached).

C. Usernames and Passwords

1. Staff will not share usernames and passwords with anyone, including supervisors and technical support staff.

2. In the event that staff suspect their password is compromised or known to others, staff will change their password

and notify their supervisor immediately.

Rev. 10/2019

Exhibit A - Continued

D. Access to DVS data

1. Staff will only access DVS data during work hours.

2. Staff will only access DVS data for the purposes of carrying out assigned job duties and for lawful purposes.

3. Staff will not enter, update, access, share, or disseminate DVS data to anyone unless authorized by state and federal

law.

4. Staff not authorized to process enhanced driver's licenses, enhanced identification cards, REAL ID compliant driver's

licenses, or REAL ID compliant identification cards will not enter, update, access, share, or disseminate DVS data

5. Staff not authorized to process enhanced driver's licenses, enhanced identification cards, REAL ID compliant driver's

licenses, or REAL ID compliant identification cards will not enter, update, access, share, or disseminate DVS data

related to these specific types of transactions.

E. Transactions and records relating to individuals known to staff

1. Staff will not process any transactions for themselves or for friends, family, or other employees.

2. Staff will not check their own records or the records of friends, family, or other employees.

3. All requests for special handling of any transaction or action on any type of license, permit or registration involving

staff or friends, family, or other employees must be turned over to a supervisor.

F. Telephone release of data

1. Staff will not release non-public vehicle registration information over the telephone, except to the following, ONLY

after verifying the requestor is from one of the following:

a. law enforcement agencies

b. personnel of other states that register vehicles

c. authorized agents of the Department of Public Safety (DPS)

G. Monitored Access to DVS Data

1. All record access through all verification systems is monitored electronically and maintained in audit files by the Data

Practices Unit.

2. The audit files are reviewed periodically to ensure staff compliance with DVS policy and applicable state and federal

laws.

H. Secure data storage and disposal methods

1. Staff are responsible for secure handling, storage and disposal of documents containing personal information that

identifies an individual.

2. Staff must ensure DVS documents or electronic files that contain personal information are stored or destroyed in a

manner that does not reveal personal information to others.

3. Staff must dispose of all documents that contain personal information in the proper locked disposal containers.

I. The following unauthorized actions are violations of this policy:

1. changing or tampering with records

2. sharing or disseminating data

3. accessing records with no business purpose

4. processing or assisting in processing of fraudulent or unauthorized:

a. certificate of title

b. registration

c. permit

d. driver's license

e. identification card

f. any other DVS document or license

5. requesting another staff commit any actions prohibited in this policy

6. receiving or attempting to receive an advantage for driver's licensing or motor vehicle registration or titling due to

Rev. 10/2019

J. Penalties for violation of this policy

1. The Commissioner will immediately and permanently revoke the authorization of any individual who willfully enters,

updates, accesses, shares, or disseminates data in violation of state law. Minn. Stat. § 171.12, subd. (1a)(b).

2. The Commissioner will forward any violations of state or federal law to the appropriate authority for

prosecution. Minn. Stat. § 171.12, subd. (1a)(b).

3. Corrective action, including counseling and/or job reassignment

4. Disciplinary action, including discharge

5. Possible criminal prosecution, fines, and civil action

REVIEW:

Annually

REFERENCES:

Minn. Stat. § 43A.38, Code of Ethics for Employees in the Executive Branch

ATTACHMENTS:

“DVS Data Access Attestation Statement,” 125-1000a

SUPERSESSION:

DVS Policy, “Security and Confidentiality of Data & Records” November 23, 2015

Rev. 10/2019

MINNESOTA DEPARTMENT OF PUBLIC SAFETY DRIVER & VEHICLE SERVICES DIVISION

Security & Confidentiality of Data & Records DVS Data Access Attestation Statement

Check One:

Supervisors

1) Give staff a copy of DVS policy 125-1000, Security and Confidentiality of Data and Records.

2) If DVS staff, submit this attestation statement to the DVS Training & Development Unit.

3) If non-DVS staff, the supervisor retains a copy of the signed attestation statement in case of audit.

Employee

I have read and understand this policy and have had the opportunity to ask questions and discuss them with my

supervisor.

I understand that pursuant to Minn. Stat. § 171.12, Subd. 1a (b), the Commissioner will immediately and permanently

revoke the authorization of any individual who willfully enters, updates, accesses, shares, or disseminates data in

violation of state or federal law.

The Commissioner will forward any violation of state or federal law to the appropriate authority for prosecution.

New Employee Annual

Signature:

Print Name:

Date:

Policy Number: 125-1000a

Rev. 10/2019

Exhibit B

Access to Driver License and Motor Vehicle records is governed by Minnesota Statutes Sections 168.346, 171.12 Subd.

7 and 171.12 Subd. 7a. and United States Code, Title 18, Sections 2722-2725.

Under United States Code, Title 18, Sec. 2722 the following are unlawful acts:

(a) Procurement for Unlawful Purposes. -- It shall be unlawful for any person knowingly to obtain or disclose personal

information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title.

(b) False Representation. -- It shall be unlawful for any person to make false representation to obtain any personal

information from an individual's motor vehicle record.

Under United States Code, Title 18, Sec. 2723 the following penalty may apply to unlawful acts:

(a) Criminal Fine. -- A person who knowingly violates this chapter shall be fined under this title.

United States Code, Title 18, Sec. 2724 provides for the following Civil action.

(a) Cause of Action. -- A person who knowingly obtains, discloses or uses personal information, from a motor vehicle

record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information

pertains, who may bring a civil action in a United States district court.

(b) Remedies. -- The court may award--

(1) actual damages, but not less than liquidated damages in the amount of $2,500;

(2) punitive damages upon proof of willful or reckless disregard of the law;

(3) reasonable attorneys' fees and other litigation costs reasonably incurred; and

(4) such other preliminary and equitable relief as the court determines to be appropriate.

Under United States Code Title 18, Sec. 2725 Motor vehicle record is defined as:

(a) “motor vehicle record” means any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor

vehicle registration, or identification card issued by a department of motor vehicles;

Rev. 10/2019

Exhibit C

Permissible Uses of Motor Vehicle Data

as provided in United States Code, Title 18, Section 2721

1) For use by any government agency, including court or law enforcement agency, in carrying out its functions, or any

private person or entity acting on behalf of a Federal, State or local agency in carrying out its functions.

2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor

vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle

parts and dealers; motor vehicle market research activities, including survey research; and removal of non-

owner records from the original owner records of motor vehicle manufacturers.

3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only

(A) to verify the accuracy of personal information submitted by the individual to the business or its agencies,

employees, or contractors; and

(B) if such information as so submitted is not correct or is no longer correct, to obtain correct information, but only for

the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest

against the individual.

4) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or

agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and

the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State or local court.

5) For use in research activities, and for use in producing statistical reports, so long as the personal information is not

published, re-disclosed, or used to contact individuals.

6) For use by any insurer or insurance support organization, or by self-insured entity, or its agents, employees, or

contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting.

7) For use in providing notice to the owners of towed or impounded vehicles.

8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this

subsection.

9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's

license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.).

10) For use in connection with the operation of private toll transportation facilities.

11) For any other use in response to requests for individual motor vehicle records if the State has obtained the express

consent of the person to whom such personal information pertains.

12) For bulk distribution for surveys, marketing, or solicitations if the State has obtained the express consent of the person

to whom such personal information pertains.

13) For Use by any requester, if the requester demonstrates it has obtained written consent of the individual to whom the

information pertains.

14) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the

operation of a motor vehicle or public safety. List specific statutory authorization.

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