Drivers
Privacy Protection Act 18 U.S.C. §
2721 et. seq. (Public Law
103-322) motor vehicle records (a) In General -- Except as provided in subsection (b), a State
department of motorvehicles, and any officer, employee, or contractor,
thereof, shall not knowingly disclose orotherwise make available to any
person or entity personal information about any individualobtained by the
department in connection with a motor vehicle record. (b) Permissible Uses -- Personal information referred to in subsection
(a) shall bedisclosed for use in connection with matters of motor vehicle
or driver safety and theft, motorvehicle emissions, motor vehicle product
alterations, recalls, or advisories, performancemonitoring 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 thepurposes of the Automobile Information
Disclosure Act, the Motor Vehicle Information and CostSaving
Act, the National Traffic and Motor Vehicle Safety Act of
1966, the Anti-Car Theft Act of1992, and the Clean Air
Act, and may be disclosed as follows: (1) For use by any government agency, including any court or law
enforcementagency, in carrying out its functions, or any private person or
entity acting on behalf of aFederal, 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; motorvehicle market research
activities, including survey research; and removal of non-ownerrecords
from the original owner records of motor vehicle manufacturers. (3) For use in the normal course of business by a legitimate business
or itsagents, employees, or contractors, but only -- (A) to verify the accuracy of personal information submitted by
theindividual to the business or its agents, employees, or contractors;
and (B) if such information as so submitted is not correct or is no
longercorrect, to obtain the correct information, but only for the
purposes of preventingfraud by, pursuing legal remedies against, or
recovering on a debt or securityinterest against, the individual. (4) For use in connection with any civil, criminal, administrative, or
arbitralproceeding in any Federal, State, or local court or agency or
before any self-regulatorybody, including the service of process,
investigation in anticipation of litigation, and theexecution 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, solong as the personal information is not published,
redisclosed, or used to contactindividuals. (6) For use by any insurer or insurance support organization, or by a
self-insuredentity, or its agents, employees, or contractors, in
connection with claims investigationactivities, anti-fraud 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
securityservice for any purpose permitted under this subsection. (9) For use by an employer or its agents or insurer to obtain or verify
informationrelating to a holder of a commercial driver's license that is
required under theCommercial Motor Vehicle Safety Act of 1986 (49
U.S.C. App. 2710 et seq.). (10) For use in connection with the operation of private toll
transportationfacilities. (11) For any other use in response to requests for individual motor
vehiclerecords if the motor vehicle department has provided in a clear and
conspicuous manneron forms for issuance or renewal of operator's permits,
titles, registrations, oridentification cards, notice that personal
information collected by the department may bedisclosed to any business or
person, and has provided in a clear and conspicuousmanner on such forms an
opportunity to prohibit such disclosures. (12) For bulk distribution for surveys, marketing or solicitations if
the motorvehicle department has implemented methods and procedures to
ensure that -- (A) individuals are provided an opportunity, in a clear and
conspicuousmanner, to prohibit such uses; and (B) the information will be used, rented, or sold solely for
bulkdistribution for surveys, marketing, and solicitations, and that
surveys,marketing, and solicitations will not be directed at those
individuals who haverequested in a timely fashion that they not be
directed at them. (13) For use by any requester, if the requester demonstrates it has
obtained thewritten consent of the individual to whom the information
pertains. (14) For any other use specifically authorized under the law of the
State thatholds the record, if such use is related to the operation of a
motor vehicle or publicsafety. (c) Resale or Redisclosure -- An authorized recipient of personal
information (except arecipient under subsection (b)(11) or (12)) may
resell or redisclose the information only for a usepermitted under
subsection (b) (but not for uses under subsection (b)(11) or (12)). An
authorizedrecipient 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 informationpursuant
to subsection (b)(12). Any authorized recipient (except a recipient under
subsection(b)(11)) that resells or rediscloses personal information
covered by this title must keep for aperiod of 5 years records identifying
each person or entity that receives information and thepermitted purpose
for which the information will be used and must make such records
availableto the motor vehicle department upon request. (d) Waiver Procedures -- A State motor vehicle department may establish
and carry outprocedures under which the department or its agents, upon
receiving a request for personalinformation that does not fall within one
of the exceptions in subsection (b), may mail a copy ofthe request to the
individual about whom the information was requested, informing
suchindividual of the request, together with a statement to the effect
that the information will not bereleased unless the individual waives such
individual's right to privacy under this section. Section 2722. Additional unlawful acts (a) Procurement for Unlawful Purpose -- It shall be unlawful for any
person knowingly toobtain or disclose personal information, from a motor
vehicle record, for any use not permittedunder section 2721(b) of this
title. (b) False Representation -- It shall be unlawful for any person to make
falserepresentation to obtain any personal information from an
individual's motor vehicle record. Section 2723. Penalties (a) Criminal Fine -- A person who knowingly violates this chapter shall
be fined underthis title. (b) Violations by State Department of Motor Vehicles -- Any State
department of motorvehicles that has a policy or practice of substantial
noncompliance with this chapter shall besubject to a civil penalty imposed
by the Attorney General of not more than $5,000 a day foreach day of
substantial noncompliance. Section 2724. Civil action (a) Cause of Action -- A person who knowingly obtains, discloses or
uses personalinformation, from a motor vehicle record, for a purpose not
permitted under this chapter shall beliable to the individual to whom the
information pertains, who may bring a civil action in a UnitedStates
district court. (b) Remedies -- The court may award -- (1) actual damages, but not less than liquidated damages in the amount
of$2,500; (2) punitive damages upon proof of willful or reckless disregard of the
law; (3) reasonable attorneys' fees and other litigation costs reasonably
incurred; and (4) such other preliminary and equitable relief as the court determines
to beappropriate. Section 2725. Definitions In this chapter -- (1) "motor vehicle record" means any record that pertains to a motor
vehicleoperator's permit, motor vehicle title, motor vehicle registration,
or identification cardissued by a department of motor vehicles; (2) "person" means an individual, organization or entity, but does not
include aState or agency thereof; and (3) "personal information" means information that identifies an
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 disabilityinformation, but does not
include information on vehicular accidents, driving violations,and
driver's status.
Section 2721. Prohibition on release and
use of certain personal information from State