§ 27-49-3.1 - Disclosure of personal information obtained in connection with motor vehicle records.
SECTION 27-49-3.1
§ 27-49-3.1 Disclosure of personalinformation obtained in connection with motor vehicle records. – (a) Purpose. The purpose of this section is to implement the federalDriver's Privacy Protection Act of 1994 ("DPPA"), 18 U.S.C. § 2721 et seq.
(b) Definitions. As defined in 18 U.S.C. § 2725,the following definitions apply to this section:
(1) "Motor vehicle record" means any record that pertains toa motor vehicle operator's permit, motor vehicle title, motor vehicleregistration, or identification card issued by the department of motor vehicles;
(2) "Person" means an individual, organization, or entity,but does not include a state or agency of a state; and
(3) "Personal information" means information that identifiesan individual, including an individual's photograph, social security number,driver identification number, name, address (but not the 5 digit zip code),telephone number, and medical or disability information, but does not includeinformation on vehicular accidents, driving violations, and driver's status.
(1) In general. Except as provided in subdivision (2)of this section, the division of motor vehicles, and any officer, employee, orcontractor of the division, shall not knowingly disclose or make available toany person or entity personal information about any individual obtained by thedivision in connection with a motor vehicle record.
(2) Permissible uses. Personal information referred toin subdivision (1) of this section shall be disclosed for use in connectionwith matters of motor vehicle or driver safety and theft, motor vehicleemissions, motor vehicle product alterations, recalls, or advisories,performance monitoring of motor vehicles and dealers by motor vehiclemanufacturers, and removal of nonowner records from the original owner recordsof motor vehicles manufacturers to carry out the purposes of the AutomobileInformation Disclosure Act, 15 U.S.C. § 1231 et seq., the Motor VehicleInformation and Cost Saving Act (see now 49 U.S.C. § 32101 et seq.), theNational Traffic and Motor Vehicle Safety Act of 1966 (see now 49 U.S.C. §30101 et seq.), and Anti-Car Theft Act of 1992 (see now 49 U.S.C. § 32101et seq.), and the Clean Air Act, 42 U.S.C. § 7401 et seq., and may bedisclosed as follows:
(i) For use by any government agency, including any court orlaw enforcement agency, in carrying out its functions, or any private person orentity acting on behalf of a federal, state, or local agency in carrying outits functions.
(ii) For use in connection with matters of motor vehicle ordriver safety and theft; motor vehicle emissions; motor vehicle productalterations, recalls or advisories; performance monitoring of motor vehicles,motor vehicle parts and dealers; motor vehicle market research activities,including survey research; and removal of nonowner records from the originalowner records of motor vehicle manufacturers.
(iii) For use in the normal course of business by alegitimate business or its agents, employees, or contractors, but only:
(A) To verify the accuracy of personal information submittedby the individual to the business of its agents, employees, or contractors, and
(B) If the information as submitted is not correct or is nolonger correct, to obtain the correct information, but only for the purposes ofpreventing fraud by pursuing legal remedies against, or recovering on a debt orsecurity interest against, the individual.
(iv) For use in connection with any civil, criminal,administrative, or arbitral proceeding in any federal, state, or local agencyor before any self-regulatory body, including the service of process,investigation in anticipation of litigation, and the execution or enforcementof judgments and orders, or pursuant to an order of a federal, state, or localcourt.
(v) For use in research activities, and for use in producingstatistical reports, so long as the personal information is not published,redisclosed, or used to contact the individuals.
(vi) For use by any insurer or insurance supportorganization, or by a self-insured entity, or its agents, employees, orcontractors in connection with claims investigation activities, anti-fraudactivities, rating or underwriting.
(vii) For use in providing notice to the owners of towed orimpounded vehicles.
(viii) For use by any licensed private investigative agencyor licensed security service for any purpose permitted under this subsection.
(ix) For use by an employer or its agent or insurer to obtainor verify information relating to a holder of a commercial driver's licensethat is required under the Commercial Motor Vehicle Safety Act of 1986 (see now49 U.S.C. § 31301 et seq.).
(x) For use in connection with the operation of private tolltransportation facilities.
(xi) For any other use in response to a request forindividual motor vehicle records, unless that use is prohibited by theindividual.
(xii) For bulk distribution for surveys, marketing orsolicitations, provided that the information will be used, rented or soldsolely for bulk distribution for surveys, marketing, and solicitations and thatsurveys, marketing, and solicitations will not be directed at those individualswho have requested in a timely fashion that they not be directed at them.
(3) Notice. The division of motor vehicles shallprovide in a clear and conspicuous manner on forms for issuance or renewal ofoperators permits, titles, registrations or identification cards, notice thatpersonal information collected by the division may be disclosed to any businessor person and provide in a clear and conspicuous manner on the forms anopportunity to prohibit the disclosures; provided, that social security numbersand medical or disability information shall not be subject to disclosure underthis chapter.