18 U.S.C. § 2721 : US Code - Section 2721: Prohibition on release and use of certain personal information from State motor vehicle records

Search 18 U.S.C. § 2721 : US Code - Section 2721: Prohibition on release and use of certain personal information from State motor vehicle records

      (a) In General. - 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:
        (1) personal information, as defined in 18 U.S.C. 2725(3),
      about any individual obtained by the department in connection
      with a motor vehicle record, except as provided in subsection (b)
      of this section; or
        (2) highly restricted personal information, as defined in 18
      U.S.C. 2725(4), about any individual obtained by the department
      in connection with a motor vehicle record, without the express
      consent of the person to whom such information applies, except
      uses permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9):
      Provided, That subsection (a)(2) shall not in any way affect the
      use of organ donation information on an individual's driver's
      license or affect the administration of organ donation
      initiatives in the States.

      (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, subject to subsection
    (a)(2), 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 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
    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.
      (e) Prohibition on Conditions. - No State may condition or burden
    in any way the issuance of an individual's motor vehicle record as
    defined in 18 U.S.C. 2725(1) to obtain express consent. Nothing in
    this paragraph shall be construed to prohibit a State from charging
    an administrative fee for issuance of a motor vehicle record.