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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- For use in the normal course of business by a legitimate
business or its agents, employees, or contractors, but only:
- to verify the accuracy of personal
information submitted by the individual to the business or
its agents, employees, or contractors; and
- 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.
- 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.
- 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.
- 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.
- For use in providing notice to the owners of towed or impounded
vehicles.
- For use by any licensed private investigative agency or
licensed security service for any purpose permitted under
this subsection.
- 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.
- For use in connection with the operation of private toll
transportation facilities.
- 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.
- For bulk distribution for surveys, marketing or solicitations/if
the motor vehicle department has implemented methods and procedures
to ensure that:
- individuals are provided an opportunity, in
a clear and conspicuous manner, to prohibit such uses; and
- 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.
- For use by a requester, if the requester demonstrates it
has obtained the written consent of the individual to whom
the information pertains.
- 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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