Federal Driver's Privacy Protection Act

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:

  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 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.
  3. 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.
  4. 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.

Other personal information consisting of a drivers identification number, name, address, or telephone number shall not be released without the express consent of the person to whom it pertains unless the person requesting the information needs it for one of the following permitted used.

  1. For use by any government agency, including any court or law enforcement 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 heft; 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:
    1. to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
    2. 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, redisclosed, 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 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, registration, 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 or 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:
    1. individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses; and
    2. 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 to them.
  13. For use by a requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.
  14. For any other uses 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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