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.