Assigned to TRANS FOR
COMMITTEE
ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FACT SHEET FOR H.B. 2614
disclosure of personal information; MVD
Purpose
Conforms state law regarding the disclosure of personal information obtained by the Arizona Department of Transportation’s (ADOT) Motor Vehicle Division (MVD) to federal law.
Background
The Driver’s Privacy Protection Act of 1994 (DPPA) regulates the disclosure of personal information contained in the records of state motor vehicle agencies. States require applicants for licenses, titles and vehicle registration to provide information that often includes name, address, social security number, medical information and a photograph as a condition of obtaining a license or vehicle registration. This information is then sold to individuals and businesses for various purposes.
The DPPA establishes a minimum regulatory framework that restricts a state’s ability to disclose a driver’s personal information without the driver’s consent. In most circumstances, unless a driver has given express consent to release their record, the DPPA prohibits MVD, MVD employees or contractors from knowingly disclosing or otherwise making personal information available.
The DPPA provides a number of exceptions relating to the prohibition of non-consensual disclosure. The DPPA requires disclosure of personal information if the disclosure is necessary for driver or vehicle safety, theft, emissions, recalls and other reasons.
The DPPA also regulates private persons who may want to re-sell or re-disclose information obtained from driver or vehicle records. Generally, if private persons obtain record information for an authorized purpose, they may re-disclose the information for any permissible purpose. If the MVD has a person’s consent to disclose their information and a private party obtains the information, the private person may re-disclose the information for any purpose. In addition, a person who obtains MVD information for direct marketing purposes may resell the information specifically for other direct marketing purposes.
The DPPA imposes a number of penalties for failure to comply with DPPA requirements. Violators are subject to criminal penalties and civil liability.
The 2004 Arizona Auditor General’s MVD Sunset Review recommended changing state law to reflect the DPPA. Although Arizona’s statutes relating to disclosure of information obtained by MVD has not been amended to reflect the DPPA requirements, MVD is fully compliant the DPPA provisions regarding disclosure of information.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Release of Personal Information
1. Repeals the current statutory sections regarding release and disclosure of personal information by MVD.
2. Prohibits ADOT from disclosing or otherwise making available to any person:
3. Requires ADOT to disclose personal information for use in connection with the following matters:
a. motor vehicle or driver safety and theft.
b. motor vehicle emissions.
c. motor vehicle product alterations, recalls or advisories.
d. motor vehicle and dealer performance monitoring by motor vehicle manufacturers.
e. removal of non-owner records from the original owner records of motor vehicle manufacturers to comply with federal law.
4. Outlines additional authorized circumstances in which ADOT may disclose personal information.
5. Excludes driver histories from the authorized items allowed for disclosure by ADOT.
6. Requires the ADOT Director to charge minimum specified fees to search for and provide records for authorized purposes and allows for prorated fees for fractional searches.
7. Subjects a records request requiring a database search for specific criteria within a record to a search fee and additionally subjects each motor vehicle record provided to a records requester as a result of a criteria search to a fee.
8. Clarifies that the ADOT personal information disclosure prohibition does not affect the use of organ donation information on an individual's driver license or affect the administration of organ donation in this state.
Subsequent Sale of Personal Information
9. Allows an authorized recipient of personal information to resell or redisclose the information only for authorized uses.
10. Allows an authorized recipient to resell or redisclose personal information for any purpose if the person to whom the information pertains gives express permission.
11. Requires any authorized recipient that resells or rediscloses personal information, unless it was obtained with the person’s express consent, to keep records identifying each person or entity that receives information and the permitted purpose for which the information is used for a period of five years and requires the records to be made available to ADOT on request.
Unlawful Acts & Civil Violations
12. Prohibits a person from knowingly obtaining or disclosing personal information or highly restrictive personal information from a motor vehicle record for any unauthorized use.
13. Prohibits a person from making a false representation to obtain any personal information or highly restrictive personal information from an individual's motor vehicle record.
14. Allows for civil actions, in addition to any criminal penalties or sanctions for personal information disclosure violations, to be brought in a United States district court.
Miscellaneous
15. Provides definitions related to personal records and information.
16. Contains technical and conforming changes.
17. Becomes effective on the general effective date.
House Action
TRANS 2/2/06 DPA 9-0-0-0
3rd Read 2/13/06 57-0-3
Prepared by Senate Research
February 24, 2006
DG/ac