Federal Driver's Privacy Protection Act (1994)

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18 USC Sec. 2721 01/05/99

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS

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Sec. 2721. Prohibition on release and use of certain personal
information from State motor vehicle records

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(a) In General. - Except as provided in subsection (b), 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 personal information about any
individual obtained by the department in connection with a motor
vehicle record.

(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
301, 305, and 321-331 of title 49, and may be disclosed as follows:

(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 -

(A) to verify the accuracy of personal information submitted
by the individual to the business or its agents, employees, or
contractors; and

(B) 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 of 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, registrations, 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 on 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 -

(A) individuals are provided an opportunity, in a clear and
conspicuous manner, to prohibit such uses; and

(B) 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 at them.

(13) For use by any requester, if the requester demonstrates it
has obtained the written consent of the individual to whom the
information pertains.

(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.

(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
(12)). An authorized recipient under subsection (b)(11) may resell
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.

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-SOURCE-

(Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994,
108 Stat. 2099; amended Pub. L. 104-287, Sec. 1, Oct. 11, 1996, 110
Stat. 3388; Pub. L. 104-294, title VI, Sec. 604(b)(46), Oct. 11,
1996, 110 Stat. 3509.)

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REFERENCES IN TEXT

The Anti Car Theft Act of 1992, referred to in subsec. (b), is
Pub. L. 102-519, Oct. 25, 1992, 106 Stat. 3384. For complete
classification of titles I and IV of the Act to the Code, see
Tables.

The Automobile Information Disclosure Act, referred to in subsec.
(b), is Pub. L. 85-506, July 7, 1958, 72 Stat. 325, as amended,
which is classified generally to chapter 28 (Sec. 1231 et seq.) of
Title 15, Commerce and Trade. For complete classification of this
Act to the Code, see Short Title note set out under section 1231 of
Title 15 and Tables.

The Clean Air Act, referred to in subsec. (b), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified
generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 7401 of Title 42
and Tables.

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AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-287, Sec. 1(1), in introductory
provisions, substituted ''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
301, 305, and 321-331 of title 49'' for ''the Automobile
Information Disclosure Act, the Motor Vehicle Information and Cost
Saving Act, the National Traffic and Motor Vehicle Safety Act of
1966, the Anti-Car Theft Act of 1992, and the Clean Air Act''.

Subsec. (b)(9). Pub. L. 104-287, Sec. 1(2), substituted ''chapter
313 of title 49'' for ''the Commercial Motor Vehicle Safety Act of
1986 (49 U.S.C. App. 2710 et seq.)''.

Subsec. (c). Pub. L. 104-294 substituted ''covered by this
chapter'' for ''covered by this title''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
section 604(d) of Pub. L. 104-294, set out as a note under section
13 of this title.

EFFECTIVE DATE

Section 300003 of Pub. L. 103-322 provided that: ''The amendments
made by section 300002 (enacting this chapter) shall become
effective on the date that is 3 years after the date of enactment
of this Act (Sept. 13, 1994). After the effective date, if a State
has implemented a procedure under section 2721(b)(11) and (12) of
title 18, United States Code, as added by section 2902 (probably
should be section ''300002(a)''), for prohibiting disclosures or
uses of personal information, and the procedure otherwise meets the
requirements of subsection (b)(11) and (12), the State shall be in
compliance with subsection (b)(11) and (12) even if the procedure
is not available to individuals until they renew their license,
title, registration or identification card, so long as the State
provides some other procedure for individuals to contact the State
on their own initiative to prohibit such uses or disclosures.
Prior to the effective date, personal information covered by the
amendment made by section 300002 may be released consistent with
State law or practice.''

SHORT TITLE

Section 300001 of title XXX of Pub. L. 103-322 provided that:
''This title (enacting this chapter) may be cited as the 'Driver's
Privacy Protection Act of 1994'.''

RELATIONSHIP TO OTHER LAW

The Consumer Credit Reporting Reform Act of 1996 (see Short Title
note set out under section 1601 of Title 15, Commerce and Trade)
not to be considered to supersede or otherwise affect this section
with respect to motor vehicle records for surveys, marketing, or
solicitations, see section 2421 of Pub. L. 104-208, set out as a
note under section 1681a of Title 15.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2722 of this title.

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