| In an effort to keep up with the ever-changing
landscape in the area of drivers license information controlled by each state, and the
struggles with the Federal Government over the care and control of same, Interstate
Background Research, Inc. is posting and maintaining this internet web page for your
convenience. Under the DPPA, personal
information can be disclosed ONLY to certain categories of requestors, and for those
permitted uses identified in the statute. The definition of personal information in the
context of this law has been expanded to include name, address and driver license number.
Information concerning motor vehicle offenses, vehicular accidents or driver's status,
however, is not considered personal information.
The DPPA also restricts the re-disclosure of personal
information from Motor Vehicle records. An authorized recipient of personal information
may re-disclose information only for another permitted use. Furthermore, the DPPA requires
that a record of such re-disclosure, including the identity of the party to whom the
information was disclosed and the permitted purpose for which it was to be used, to be
retained for five (5) years.
Persons found to have knowingly violated the DPPA in
any way, may be subject to both criminal penalties and civil liability.
This area of the law, and the interpretation thereof,
is in fast moving process, and is uncertain in many aspects. We are doing everything in
our power to discern and present the facts as we believe them to be at the time of
posting. However, we present them here as a convenience only, and NOT to be relied upon in
legal matters.
Please consult our Legal and
Disclaimer pages, and your attorney.
Details and History of The DPPA
As many of us are aware, on Jan. 12, 2000, the United States Supreme
Court unanimously upheld the constitutionality of the Driver Privacy Protection Act. The
decision in Reno v. Condon has prompted many valid questions about access to drivers'
records in every U. S. State. Here, we will try to answer a few of the most and often
asked questions on this quickly changing subject.
In this specific case, which has caused all of the recent disruption
in the lawful flow of information, the Attorney General of the State of South Carolina,
the plaintiff in the case, challenged the law on the grounds that it violated the Tenth
and Eleventh Amendments to the U.S. Constitution. The Supreme Court rejected these
theories and held that the DPPA was a valid exercise of Congress’ power under the
Commerce Clause. This case involved no direct First Amendment issues.
There may well be long-term implications in the Supreme Court’s
decision regarding access to state records in general. The Court’s ruling establishes
that Congress’ Commerce Clause powers enable it to regulate state public records when
it believes that some legitimate concern (such as the privacy interests that gave birth to
the DPPA) may be at stake. Where Congress will next take that power is obviously of
tremendous concern to all employers and employment verification agencies.
Following here is the most requested Q &
A on the subject.
- What is the Driver Privacy Protection Act?
The Driver Privacy Protection Act, 18 U.S.C. §2721, et seq, or DPPA
as it is commonly referred to, is a Federal law that regulates the disclosure and use of
certain information from State accumulated motor vehicle records.
- It mainly restricts to whom and for what purposes
certain information can be disclosed; and,
- it regulates how the recipients of that requested
information can use and/or re-disclose that information.
- When did the DPPA take effect?
September
13, 1997.
- What information does the DPPA restrict?
The DPPA restricts the disclosure of personal information, as
defined in 18 U.S.C §2725. The Act defines personal information as information that
identifies an individual, including driving record, name, address, driver's license
number, social security number*, photograph* and medical information*.
*the disclosure of these items of information is further
restricted under some states' laws.
NOTE: Some of the states have passed an exemption allowing some
limited or special access to Drivers License Information. The big (and as of this time,
unanswered) question is..... "is that exemption still valid?" The Supreme Court did not
rule on this issue, but the likely answer is that the DPPA will take precedence over any
state efforts to regulate in this area. Unless Congress were to create specific exemptions
by amending the law, every inquirer is unlikely to receive any
special access to Driving Records, regardless of the reason.
- Is all information maintained in the States' databases restricted,
and can duly authorized entities continue to obtain drivers’ record
information as long as those drivers have consented?
No.
The DPPA only restricts personal information. Information on vehicular accidents,
driving violations and driver's status is not
personal information. Also, information that does not pertain to an individual
would not be considered personal information.
Regarding authorized entities continuing
to obtain drivers’ record information with drivers' consent, the answer can be yes.
However the process by which each state determines if an individual has
"consented" is changing – and unfortunately this makes the job of looking
at the driving history of an employee/candidate much more difficult. Under the original
language in the DPPA, persons were deemed to have consented to disclosure if they did not
exercise an "opt-out" option provided by the state upon issuance or renewal of a
license. In other words, a driving license application would indicate that disclosure of
personal information would be permitted unless the individual checked off a box; if an
applicant took no action..... left the box blank..... consent for disclosure was implied.
Last October, however, the DPPA was amended to require a
driver’s "affirmative" consent, or "opt-in," for disclosure. This
means that consent can no longer be implied by a driver’s failure to tick off a box.
The states must now indicate to drivers that their personal information can be disclosed
only if they check off a box giving the state permission to do so. The "opt-in"
requirement becomes effective on June 1, 2000.
- Who can obtain personal information from these State databases?
The categories of permissible users of personal information
are listed on the attached List of Permitted Users.
*The State controlling agency (DMV/DOT, etc.) may require the
submittal of certain documentation to establish permissible user status.
- If I qualify to obtain personal information, may I re-disclose it
to others?
The DPPA places wide ranging and strict
restrictions on the ability to share personal information from these records with others.
The information may be re-disclosed only to another permitted user,
for a permitted use. In addition, a record must keep a record of the disclosure,
identifying each person or entity that has received the information and the permitted
purpose for which it was actually used. Federal law requires that these records of
transmittal be retained and available for a period of five (5) years, or more in some
states.
- What happens if I re-disclose personal information to someone who
does not have a permissible use?
There are criminal fines
and strong civil liabilities for knowingly violating the provisions and requirements of
the DPPA. 18 U.S.C. §§2722, 2723, and 2724.
- If one were to need personal information from driving records,
what could and should be done?
Most every one of the
controlling State agencies have, as of this date, established certain procedures for
determining if a requestor qualifies to receive personal information. First, one should
carefully review the List of Permitted Users and Uses. If you believe that you
qualify, and that you need information about a specific individual, you can almost always
obtain a Request for Personal Information Form, which almost always can be obtained from
that States Motor Vehicle or Drivers License authority web site.
- What if someone were to misrepresent the reason that personal
information is requested, in order to get the State agency to release it?
According to the DPPA Act (18 U.S.C. §2722), any person who
"knowingly" uses information from a driver’s state motor vehicle record for
a non-authorized purpose may be subject to a civil action
brought by the driver. Therefore anyone who obtains such information through an
unauthorized method from a state database or agency is still prohibited from using it, and
could face a lawsuit from an angered driver. Additionally, a
person who "knowingly" violates the law could be hit with a criminal fine. At
the time of this writing, we do not know of any civil or criminal proceedings against
anyone under this provision of the law, however, everyone affected should be aware of the
possible penalties for violation. Additionally, it is not permitted under the DPPA, to
make false representations to obtain personal information.
Click HERE to view
"Permissible Purpose" opinion.
Click HERE to view DPPA full
printable text. |
