(18 U.S.C. Section 2721 et. Seq.)
Prohibition on Release and Use of Certain Personal
Information From State Motor Vehicle Records
Sec. 2721. Prohibition on release and use of certain personal information from State
motor vehicle records.
(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 [49 USCS §§ 30101 et
seq., 30501 et seq., 32101 et seq.-33101 et seq.], 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 [49 USCS §§ 31301 et seq.].
(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 State has obtained the express consent of the person to whom such
personal information pertains.
(12) For bulk distribution for surveys, marketing or solicitations if the
State has obtained the express consent of the person to whom such personal
information pertains.
(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 [18 USCS §§ 2701 et seq.] 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.
Sec. 2722. Additional unlawful acts
(a) Procurement for Unlawful Purpose. - It shall be unlawful for any person knowingly
to obtain or disclose personal information, from a motor vehicle record, for any use not
permitted under section 2721(b) of this title.
(b) False Representation. - It shall be unlawful for any person to make false
representation to obtain any personal information from an individual's motor vehicle
record.
Sec. 2723. Penalties
(a) Criminal Fine. - A person who knowingly violates this chapter shall be fined under
this title.
(b) Violations by State Department of Motor Vehicles. - Any State department of motor
vehicles that has a policy or practice of substantial noncompliance with this chapter
shall be subject to a civil penalty imposed by the Attorney General of not more than
$5,000 a day for each day of substantial noncompliance.
Sec. 2724. Civil action
(a) Cause of Action. - A person who knowingly obtains, discloses or uses personal
information, from a motor vehicle record, for a purpose not permitted under this chapter
shall be liable to the individual to whom the information pertains, who may bring a civil
action in a United States 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 be
appropriate.
Sec. 2725. Definitions
In this chapter -
(1) ''motor vehicle record'' means any record that pertains to a motor vehicle
operator's permit, motor vehicle title, motor vehicle registration, or identification card
issued by a department of motor vehicles;
(2) ''person'' means an individual, organization or entity, but does not include a
State 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 disability
information, but does not include information on vehicular accidents, driving violations,
and driver's status.
The amendments made by section 300002 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 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.
Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994, 108 Stat. 2102.
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