Effective June 1, 2000, the Federal Driver's Privacy Protection Act (DPPA) (18 U.S.C.A.
2721) as amended by Section 350 of Public Law 106 Appropriations Act prohibits
the dissemination or disclosure of a photograph, social security numbers, medical
or disability information from motor vehicle records without the express consent
of the person to whom the information pertains. However, this information may be
released even without the express consent of the person for the following reasons:
Sec. 2721. Prohibition on release and use of certain personal information from State
motor vehicle records
(a) In General. - A State department of motor vehicles, and any officer, employee,
or contractor thereof, shall not knowingly disclose or otherwise make available
to any person or entity:
(1) personal information, as defined in 18 U.S.C. 2725(3), about any individual
obtained by the department in connection with a motor vehicle record, except as
provided in subsection (b) of this section; or
(2) highly restricted personal information, as defined in 18 U.S.C. 2725(4), about
any individual obtained by the department in connection with a motor vehicle record,
without the express consent of the person to whom such information applies, except
uses permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9): Provided, That
subsection (a)(2) shall not in any way affect the use of organ donation information
on an individual's driver's license or affect the administration of organ donation
initiatives in the States.
(b) Permissible Uses. - Personal information referred to in subsection (a) 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 titles 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
and 321-331 of title 49, and, subject to subsection (a)(2), may be disclosed as
(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 to verify or correct the accuracy of personal information submitted by the individual to
the business or its agents, employees, or contractors; and 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. (Note: driving records obtained through NIC under this
DPPA reason are limited to public 3-year driving records.)
(5) For use in research activities, and for use in producing statistical reports,
so long as the personal information is not published, redisclosed, or used to contact
individuals. (Note: use of this reason requires a formal research proposal, approved by the MDOT MVA Administrator.)
(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. (Note: use of this reason requires that you are, or are employed
by, an insurance organization or an organization supporting insurance 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. (Note: use of this reason requires that you are an employer, or an agent of an employer, of CDL drivers.)
- (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. (Note: the State has not obtained the express consent of any person for disclosure of their personal information.)
(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. (Note: the State has not obtained the express consent of any person for disclosure of their personal information.)
(13) For use by any requester, if the requester demonstrates it has obtained the
written consent of the individual to whom the information pertains. (Note: this reason is the appropriate one if you
want to monitor the driving records of your employees who are not CDL drivers.) (Also Note:
written consent must have been obtained within 6 months prior to obtaining the personal
information of the individual.)
(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. (Note: use of this reason requires that you cite the specific State law upon which you rely.)
(c) Resale or Redisclosure. - An authorized recipient of personal information (except
a recipient under subsection (b)(11) or (12)) may resell or redisclose the information
only for a use permitted under subsection (b) (but not for uses under subsection
(b)(11) or redisclose personal information for any purpose. An authorized recipient
under subsection (b)(12) may resell or redisclose personal information pursuant
to subsection (b)(12). Any authorized recipient (except a recipient under subsection
(b)(11)) that resells or rediscloses personal information covered by this chapter
must keep for a period of 5 years records identifying each person or entity that
receives information and the permitted purpose for which the information will be
used and must make such records available to the motor vehicle department upon request.
(d) Waiver Procedures. - A State motor vehicle department may establish and carry
out procedures under which the department or its agents, upon receiving a request
for personal information that does not fall within one of the exceptions in subsection
(b), may mail a copy of the request to the individual about whom the information
was requested, informing such individual of the request, together with a statement
to the effect that the information will not be released unless the individual waives
such individual's right to privacy under this section.
(e) Prohibition on Conditions. - No State may condition or burden in any way the
issuance of an individual's motor vehicle record as defined in 18 U.S.C. 2725(1)
to obtain express consent. Nothing in this paragraph shall be construed to prohibit
a State from charging an administrative fee for issuance of a motor vehicle record.