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Driver’s Privacy Protection Act
The Driver’s Protection Policy Act was established in 1994 after an actress in
California was murdered by someone that received her address from the
Department of Motor Vehicles.
The Act basically prohibits a state from disclosing personal information related
to drivers that is submitted when obtaining a driver’s license. “Personal
Information,” as defined by the Act, includes a person’s social security
number, photograph, driver identification number, name, address (but not
5-digit zip code), phone number and medical or disability information.
“Personal Information” does not include driving violations, vehicular accidents
and driver status. States must disclose personal information for certain
purposes, and may disclose it for a list of fourteen other purposes.
The DPPA was amended in 2000 to create a new class of “highly restricted
personal information.” This information includes a person’s social security
number, photograph/image and medical or disability information. This
information may not be shared without the consent of the person to whom the
information applies, except for purposes stated in the Act.
Driving records may be obtained for the following purposes:
Permissible Uses: Personal information referred to in subsection (a) of the DPPA
shall be disclosed 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
and dealers by motor vehicle manufacturers, and removal of non-owner records
from the original owner records of motor vehicle manufacturers to carry out the
purposes of title I and IV of the Anti-Car Theft Act of 1992, the Automobile
Information Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42
U.S.C. 7401 et seq.), and chapters 301, 305, and 321-331 of title 49 (49
U.S.C.S. 30101 et seq., 30501 et seq., 32101 et seq.-33101 et seq.), and may be
disclosed as follows:
(1) For use by any government agency, including any 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 agents, employees, or contractors; and
B) If such information as so submitted is not correct or is no longer correct,
to obtain the 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 a
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 Chapter 313 of Title 49.
(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 motor vehicle department has provided in a clear and conspicuous
manner on forms for issuance or renewal of operator's permits, titles,
registrations, or identification cards, notice that personal information
collected by the department may be disclosed to any business or person, and has
provided in a clear and conspicuous manner on such forms an opportunity to
prohibit such disclosures.
(12) For bulk distribution for surveys, marketing or solicitations if the motor
vehicle department has implemented methods and procedures to ensure that -
A) Individuals are provided an opportunity, in a clear and conspicuous manner,
to prohibit such uses; and
B) The information will be used, rented, or sold solely for bulk distribution
for surveys, marketing, and solicitations, and that surveys, marketing, and
solicitations will not be directed at those individuals who have requested in a
timely fashion that they not be directed at them.
(13) For use by any requester, if the requester demonstrates it has obtained the
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.
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