39-33 Driver and Motor Vehicle Record Privacy
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<![CDATA[CHAPTER 39-33DRIVER AND MOTOR VEHICLE RECORD PRIVACY39-33-01. Definitions. As used in this chapter:1."Department" means the department of transportation or an authorized agent or<br>contractor of the department responsible for compiling and maintaining motor<br>vehicle records.2."Disclose" means to engage in any practice or conduct to make available and make<br>known personal information contained in a motor vehicle record about a person to<br>any other person by any means of communication.3."Express consent" means consent in writing, including consent conveyed<br>electronically which bears an electronic signature as defined by law.4."Highly restricted personal information" means an individual's photograph or image,<br>social security number, and medical or disability information.5."Individual record" means a motor vehicle record containing personal information<br>about a designated person who is the subject of the record as identified in a request.6."Motor vehicle record" means any record that pertains to a motor vehicle operator's<br>license or permit, motor vehicle registration, motor vehicle title, or identification<br>document issued by the department, or other state or local agency authorized to<br>issue any of such forms of credentials.A record includes all books, papers,photographs, photostats, cards, films, tapes, recordings, electronic data, printouts, or<br>other documentary materials regardless of physical form or characteristics.7."Person" does not include an agency of this state.8."Personal information" means information that identifies a person, including an<br>individual's photograph or computerized image, social security number, driver<br>identification number, name, address, telephone number, and medical or disability<br>information.The term does not include the five-digit zip code of an address,information on vehicular accidents, driving or equipment-related violations, and<br>operator's license or registration status.39-33-02. Disclosure and use of personal information from department recordsprohibited.1.Notwithstanding any other provision of law, except as provided in sections 39-33-03,<br>39-33-04, and 39-33-05, the department may not knowingly disclose personal<br>information about any person obtained by the department in connection with a motor<br>vehicle record.2.Notwithstanding any other provision of law, except as provided in subsections 1, 4,<br>6, and 9 of section 39-33-05, the department may not knowingly disclose highly<br>restricted personal information about any person without the express consent of the<br>person to whom such information pertains. This does not in any way affect the use<br>of organ donation information on an individual's operator's license or affect the<br>administration of organ donation initiatives in the state.39-33-03. Required disclosures. Personal information referred to in section 39-33-02must be disclosed for use in connection with matters of motor vehicle or driver safety and theft;<br>motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance<br>monitoring of motor vehicles and dealers by motor vehicle manufacturers; and removal ofPage No. 1nonowner records from the original owner records of motor vehicle manufacturers in accordance<br>with federal law.39-33-04.Disclosure with consent.Personal information referred to in section39-33-02 may be disclosed to any requester, if the requester demonstrates in the form and<br>manner prescribed by the department that the requester has obtained the written consent of the<br>person who is the subject of the information.39-33-05. Permitted disclosures. The department may disclose personal informationreferred to in section 39-33-02 to any person, on proof of the identity of the person requesting a<br>record and representation by the requester that the use of the personal information will be strictly<br>limited to one or more of the following:1.For use by any government agency, including any court or law enforcement agency,<br>in carrying out its functions, or any private person acting on behalf of a government<br>agency in carrying out its functions.2.For use in connection with matters of motor vehicles or driver safety and theft; motor<br>vehicle emissions; motor vehicle product alterations, recalls, or advisories;<br>performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor<br>vehicle market research activities, including survey research; and removal of<br>nonowner 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,<br>employees, or contractors:a.To verify the accuracy of personal information submitted by the individual to the<br>business or its agents, employees, or contractors; andb.If the information as so submitted is not correct or is no longer correct, to obtain<br>the correct information, but only for the purposes of preventing fraud by,<br>pursuing legal remedies against, or recovering on a debt or security interest<br>against, the individual.4.For use in connection with any proceeding in any court or government agency or<br>before any self-regulatory body, including the service of process, investigation in<br>anticipation of litigation, and the execution or enforcement of judgments and orders,<br>or pursuant to an order of any court.5.For use in research activities, and for use in producing statistical reports, so long as<br>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,<br>or its agents, employees, or contractors, in connection with claims investigation<br>activities, antifraud activities, rating, or underwriting.7.For use in providing notice to the owner or lienholder of a towed or impounded<br>vehicle.8.For use by any licensed private investigative agency or licensed security service for<br>any purpose permitted under this section.9.For use by an employer or its agent or insurer to obtain or verify information relating<br>to a holder of a commercial driver's license which is required under the Commercial<br>Motor Vehicle Safety Act of 1986 [title XII of Pub. L. 99-570].10.For use in connection with the operation of private toll transportation facilities.Page No. 211.For any use specifically authorized by law that is related to the operation of a motor<br>vehicle or public safety.12.For any other use in response to requests for individual motor vehicle records if the<br>department has obtained the express consent of the person to whom such personal<br>information pertains.13.For bulk distribution for surveys, marketing, or solicitations if the department has<br>obtained the express consent of the person to whom such personal information<br>pertains.39-33-06. Fees. Disclosure of personal information required or permitted under sections39-33-03, 39-33-04, and 39-33-05 is subject to payment by the requesting person to the<br>department of all fees for the information required by law, or the terms of any contract with the<br>requesting person, on the terms for payment as may be required or agreed.39-33-07. Additional conditions. Before the disclosure of personal information undersections 39-33-03, 39-33-04, and 39-33-05, the department may require reasonable assurance<br>concerning the identity of the requesting person, the use to be only as authorized, and the<br>consent of the person who is the subject of the information to be obtained. These conditions may<br>include the making and filing of a written application in a form and containing information and<br>certification requirements as the department may prescribe.39-33-08. Resale or redisclosure.1.An authorized recipient of personal information may resell or redisclose the<br>information for any use permitted under section 39-33-05.2.The department shall require any authorized recipient who resells or rediscloses<br>personal information to maintain for a period of not less than five years records as to<br>the person receiving the information and the permitted use for which it was obtained<br>and to make these records available for inspection by the department upon request.39-33-09. Regulations and waiver procedure. Upon receiving a request for personalinformation that is not subject to disclosure in accordance with the exception provisions of<br>sections 39-33-03, 39-33-04, and 39-33-05, the department may mail a copy of the request to<br>each individual who is the subject of the information, informing the individual of the request,<br>together with a statement to the effect that disclosure is prohibited and will not be made unless<br>the individual affirmatively elects to waive the individual's rights to privacy under this chapter.39-33-10. Penalty for false representation. Any person requesting the disclosure ofpersonal information from department records who misrepresents that person's identity or makes<br>a false statement to the department on any application required to be submitted pursuant to this<br>chapter is guilty of a class A misdemeanor.Page No. 3Document Outlinechapter 39-33 driver and motor vehicle record privacy]]>