Wednesday, March 12, 2025

What Personal Information of Yours Can be Accessed by Anyone? or

Does driving (a paddleboard) without a license warrant a permanent criminal record?

As the ice is melting on nearby Cedar Lake in Minneapolis, my not-so-distant memories turn to swimming, canoeing, kayaking and paddleboarding in the calm and pristine water. But I also have other darker memories of this lake.

On July 12, 2014, a greyish overcast early morning with no one else on the lake, my son, daughter-in-law, and I were enjoying a relaxing paddleboard excursion. Our serene paddling was suddenly interrupted by the sound of a motor as a boat came through the channel and headed our way.

Two officers on the boat introduced themselves and asked for our licenses.

“Do you mean our drivers licenses?” I asked.

“No. We need to see your licenses for the two paddle boards,” they responded.

I had never thought licenses were needed for what in my mind was nothing more than a surfboard with a fin. No one I knew had procured such a license. Where would you even put the license? The officers gave little explanation, cited the relevant law, and wrote me a ticket. 

What was the basis for issuing this ticket?

Minnesota Statute 86b.301

WATERCRAFT LICENSES REQUIRED.

Subdivision 1. Requirement.

 Except as provided in subdivisions 2 and 3, a person may not operate or give permission for the operation of a watercraft that requires a watercraft license on the waters of this state unless:

(1) a watercraft license for the watercraft has been issued and is valid during the period of operation;

(2) the license number is affixed to the watercraft as prescribed by the commissioner; and

(3) a valid registration sticker is affixed to the watercraft as prescribed by the commissioner.

Is a paddleboard a watercraft that requires a license?

The statute does not mention paddleboards. One of the exemptions under the Minnesota statute is a “nonmotorized watercraft ten feet in length or less.” I have both a ten foot and a twelve-foot paddleboard.

I looked to the Minnesota Department of Natural Resources (DNR) Boating Guide for guidance. According to the current 2025 Minnesota Department of Natural Resources Boating Guide-all nonmotorized watercraft over 10 feet must be licensed by the Department of Natural Resources. The type of watercraft that must be licensed include but are not limited to motorboats, rowboats, sailboats, sailboards, stand-up paddleboards, canoes, kayaks, paddle boats, rowing shells or sculls, all-terrain vehicles used in the water and inflatable craft. 

This clear DNR requirement for licensing of paddleboards did not, however, exist in 2014 when my alleged criminal act occurred. So, I arranged to meet with a hearing officer to discuss the violation. In the meantime, I went to the DMV to obtain a license for my two paddleboards. The agent had never been asked for a paddleboard license and had some difficulty figuring out the fee. Her fellow agents were also dumbfounded by my request. Once she had the fee figured out, (using the same fee schedule for canoes) she issued me the two-year license but had no guidance on where I might affix it to the paddleboards. She suggested I carry it with me (or maybe stick it to my bathing suit?)…

The following October, I appeared before a Hennepin County hearing officer and testified that I was unaware of the licensing requirement for paddleboards and that the statute and DNR Guide were not sufficiently clear in the definition of watercraft. (Remember the 2014 Guide made no mention of paddleboards). I explained to the officer that I was not the only one unaware of this requirement as evidenced by my experience at the DMV. 

The hearing officer listened and agreed with me and gave me a choice. If I pled guilty at that hearing, instead of a $200 fine he would charge me $83 ($5 fine; $75 criminal surcharge; $3 law library fee). I pled guilty and paid the reduced fine. As the song goes, “I fought the law and the law won.”  

I thought that was the end of it. Then last week my son sent me a text with a copy of my official criminal record. What I did not know when I pled guilty in 2014 was that my conviction for this criminal offense would remain in the public records and can now be accessed by anyone. The public record includes my name and date of birth. I wonder why? I am mystified as to why personal data including a person’s date of birth for any criminal convictions, including common misdemeanor traffic offenses, are made available to the public. 

Should you be concerned? Probably not. I should note that I am both a pioneer and unicorn in paddleboard licensing—I still have yet to meet anyone else who has been ticketed or who has purchased a license for their paddleboard.

If, however, you ever received a ticket for a traffic violation and paid the fee, your conviction will likely be open for public viewing along with other personal data. Should you be concerned?

What Can a Scammer Do with Your Name and Date of Birth?

While a scammer might not be able to break into your bank accounts or steal your money with just your name and date of birth, there are still risks to having your name and date of birth circulating online. The greatest danger of scammers having both your name and date of birth is that it makes it easier for them to track down your leaked personally identifiable information (PII) on the dark web (a hidden part of the internet that allows scammers to anonymously access personal data). In a worst-case scenario, even your basic information can be used to gather enough data to steal your identity. You should always be vigilant in looking for the warning signs of any identity theft. 

So, if you are a paddleboard enthusiast consider getting the appropriate license. Also, if you have ever had a traffic violation you might want to see what public records exist with your personal data at the Minnesota Court Records Online system.

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