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FAQ ID # 311
Last Update : 2020/06/25
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Question / Issue
What is the "Driver's Privacy Protection Act"?

Answer / Solution

The Driver's Privacy Protection Act or "DPPA" is a federal law (effective September 13, 1997) that regulates the release and sharing of information from motor vehicle records.

It regulates how motor vehicle departments release motorists' records.
It also regulates how the recipients of motorists' records subsequently share them
 
What is the purpose of the Driver's Privacy Protection Act?

The purpose is to limit the release of motorists' personal information, such as name, address, and driver license number. However, the law does allow release for many clearly defined purposes.
 
What information does this new law restrict?
The DPPA limits the release of personal information. As stated in the DPPA (Sec. 2725 (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.

(Note: The personal information restricted in New York under the DPPA is the name, address and driver identification numbers. In New York State, photos, social security numbers, telephone numbers and medical/disability information have never been publicly available, and are not available under DPPA even for a "permissible use." )
 
What information does the new law allow DMV to release?
The Department of Motor Vehicles may release almost all motor vehicle records, including "personal information", but only for a permissible use.
In addition, printed driver license abstracts without personal information are available in person or by mail from the DMV for those whose requests do not include DPPA certifications of permissible uses. This "masked" abstract will contain all license, conviction, accident and suspension/revocation information on the driver, but not personal information.
 
Will DMV remove personal information from any of its records, so I can get them without permissible use?
The only record that DMV will provide, without personal information, is the printed "Abstract of Operating Record" (driver license abstract). Keep in mind that this shortened version of the abstract will show license status and type, traffic convictions, suspensions, revocations and accidents, but NOT "personal information."

 
May I share with others the information I receive?
You may share personal information with others only if they have a permissible use. When you share this information with others, you must keep a record of the transaction for five years. Your record must include: whose personal information you shared, the identity of the recipient, and their use for the information
 
What happens if I share personal information with someone who does not have a permissible use?
There are criminal fines and civil liabilities for knowingly violating the provisions and restrictions of the Driver's Privacy Protection Act.

Many motor vehicle records contain personal and non-personal information. You may remove the personal information from a record and share only the non-personal information if necessary.
 

DPPA - Permissible Users
 
 
Personal information shall be disclosed to carry out the purposes of 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 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.

Personal information may be disclosed for use by any government agency, including any court or law enforcement agency, in carrying out its functions or by any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions.

Personal information may 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, 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.

Personal information may be disclosed for use in the normal course of business by a legitimate business or its agents, employees, or contractors in the normal course of business ONLY:

·         to verify the accuracy of personal information submitted by the individual to the business; AND

·         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 or recovering on a debt or security interest against the individual.

Personal information may be disclosed 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-regulating body, including:

·         the service of process;

·         investigation in anticipation of litigation;

·         the execution or enforcement of judgments and orders; OR

·         pursuant to an order of a Federal, State or local court.

Personal information may be disclosed 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.

Personal information may be disclosed 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.

Personal information may be disclosed for use in providing notice to the owners of towed or impounded vehicles.

Personal information may be disclosed for use by a licensed private investigative agency or licensed security service for any purpose permitted under this law.

Personal information may be disclosed 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 the Commercial Motor Vehicle Safety Act of 1986.

Personal information may be disclosed for use in connection with the operation of private toll transportation facilities.

Personal information may be disclosed for use by any requester if the requester demonstrates that it has obtained written consent of the individual to whom the information pertains.

Personal information may be disclosed for any other use specifically authorized under State law if such use is related to the operation of a motor vehicle or public safety.



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http://www.itcdataservices.com/support/CMPWFAQ/?f=311

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Drivers Privacy Protection Act DPPA MVR

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