Bill
HF 3908
HF3908 tightens privacy controls for driver data and indicators, and updates ignition interlock rules and revocation timelines to align with new data protection standards.
HF3908 Summary (Minnesota, 2025-2026 Session)
Overview
- Bill: HF3908 (1st Engrossment)
- Purpose: Make technical corrections related to ignition interlock program administration, tighten privacy classifications for driver’s license indicators, and adjust related data privacy provisions. Also repeals a provision of the implied-consent/DWI statute to reflect changes in ignition interlock and privacy rules.
- Primary subject: Driver licensing data privacy, ignition interlock program requirements, and corrections to DWI-related statutes.
Key Provisions
1) Privacy and data classifications for driver identifiers and indicators
- Adds new subdivision to 13.6905 (Credential identifier and designation data):
- Data related to identifiers and designations on drivers’ licenses and Minnesota identification cards are governed by 171.12, subdivision 7d.
- Amends 171.12 (Subd. 7): Privacy of data
- Clarifies treatment and disclosure of data obtained to obtain a driver’s license or Minnesota ID card, including compliance with 18 U.S.C. 2721 (Driver’s Privacy Protection Act) and possible bulk disclosures to authorized recipients, with certifications for disclosures related to noncompliant credentials.
- Allows an applicant to consent in writing to disclose personal information exempted by 18 U.S.C. 2721 to any requester; if authorized, commissioner must implement the request.
- Allows authorized uses for bulk distribution by organizations for business purposes (surveys, marketing, solicitations) if consent is provided.
- Provides option for residence address to be classified as “private data on individuals” upon petition, with process address used for service of process and disclosure limited to specified entities; residence data and most other information requested remains private, but may be shared with law enforcement, probation/parole, and public authorities as defined.
- Adds 171.12 Subd. 7d (Certain data on indicators and designations):
- Data maintained by the commissioner under specified subdivisions are private data on individuals.
2) Ignition interlock program and license revocation
- Amends 171.178 Subd. 5 (Driving while impaired conviction/adjudication; period of license revocation)
- Establishes revocation periods for out-of-state offenses that would be grounds for revocation in Minnesota, with tiers based on prior impaired driving incidents.
- Adds aggravation/offset considerations for personal injury or death, increasing base revocation periods by at least 90 days when injury or fatality occurred.
- Adds a clause clarifying revocation in certain cases where the same incident leads to revocation under multiple provisions, subject to exceptions for certain aggravating factors.
- Amends 171.306 Subd. 1 (Ignition interlock program)
- Defines:
- Ignition interlock device: breath alcohol measurement that prevents starting a vehicle if BAC ≥ 0.02.
- Location tracking capabilities: geographic location transmission by the device.
- Program participant: a person whose license is revoked/canceled/denied under specified grounds (e.g., 169A.52, 169A.54, 171.04(1)(10), 171.177, etc.), or suspended under other listed sections for specific offenses.
- Updates to the program participant criteria to reflect changes in revocation/suspension authorities and associated offenses.
- Repeal: Repeals Minnesota Statutes 2024, section 169A.54, subdivision 6 (implied-consent revocation applicability) — i.e., removes the former provision linking implied-consent revocation to the same incident with certain limitations, aligning with the new framework for ignition interlock and private data rules.
3) Technical corrections and cross-references
- Several cross-references updated to align with privacy (data) provisions for indicators and designations and to ensure consistency with 18 U.S.C. 2721 disclosures and conditions.
- Adds targeted data privacy protections for data tied to driving credentials, including who may access, disclose, or bulk-distribute such data, with consent requirements.
Who is affected
- Drivers and applicants for Minnesota driver’s licenses and identification cards:
- Privacy rights and potential designation of residence data as private.
- Data disclosures allowed under consent and federal privacy law.
- Individuals subject to ignition interlock program requirements:
- Persons with revoked or suspended licenses due to impaired driving or related offenses, including out-of-state offenses with Minnesota implications.
- Participants in the ignition interlock program, with stricter definitions of device requirements and related data handling.
- Law enforcement and public authorities:
- Access to private data only under defined circumstances.
- Agencies administering driver licensing:
- Must implement increased privacy controls, consent mechanisms, and data handling consistent with 18 U.S.C. 2721.
Timeline and Procedural Notes
- Action history indicates committee activity in early 2026 with passage through Transportation Finance and Policy, and Judiciary Finance and Civil Law (as amended) before final floor action.
- Specific effective dates are not listed in the text provided; typical enactment would follow passage and signing, with phased implementation for program definitions and privacy classifications.
Appendix and Repeals
- Repeals 169A.54, Subd. 6 (implied consent revocation applicability) to align with revised revocation framework.
- Appendix indicates the repealed statute is H3908-1.
Overall impact
HF3908 modernizes privacy protections around driver identifiers, introduces refined data handling for license indicators, and updates ignition interlock program definitions and revocation timelines to reflect contemporary enforcement and privacy standards. It also removes an older implied-consent revocation provision to harmonize with the new approach.
Compiled from official sources — confirm details with the bill’s official record.
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