ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FACT SHEET FOR H.B. 2614
disclosure of personal information; MVD
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. Makes additional changes to add to consumer protections regarding the disclosure of personal information.
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 the driver’s 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 nonconsensual 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 resell or redisclose information obtained from driver or vehicle records. Generally, if private persons obtain record information for an authorized purpose, they may redisclose the information for any permissible purpose. If the MVD has a person’s consent to disclose information and a private party obtains the information, the private person may redisclose 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 with the DPPA provisions regarding disclosure of information.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
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:
a) personal information obtained by ADOT in connection with a motor vehicle record except under authorized circumstances.
b) highly restricted personal information obtained by ADOT in connection with a motor vehicle record without the express consent of the person to whom the information applies, except for authorized uses by government agencies, law enforcement and courts of law or for arbitration proceedings, insurance investigations and commercial driver license issues.
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 nonowner 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. Requires the MVD Director to provide an opportunity for express consent to opt in to release personal information in a clear and conspicuous manner on forms related to driver licenses, identification cards, title and registration.
6. Requires the opt-in form to include information regarding the disclosure of information, a written or electronic signature and an explanation of the difference between a one-time authorization or a general consent opt-in.
7. Allows express consent to be conveyed as a one-time authorization or a general consent.
8. Excludes driver histories from the authorized items allowed for disclosure by ADOT.
9. 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.
10. 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.
11. 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
12. Allows an authorized recipient of personal information to resell or redisclose the information only for authorized uses.
13. Allows an authorized recipient to resell or redisclose personal information for any purpose if the person to whom the information pertains gives express permission.
14. 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
15. Prohibits MVD and MVD employees from knowingly obtaining or disclosing personal information or highly restricted personal information except as authorized by law and subjects a person who violates the prohibitions against obtaining or disclosing the information to a class 1 misdemeanor.
16. Prohibits a person from knowingly obtaining or disclosing personal information or highly restrictive personal information from a motor vehicle record for any unauthorized use.
17. 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.
18. 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.
Joint Legislative Study Committee on Motor Vehicle Records
19. Establishes a six-member Joint Legislative Study Committee on Motor Vehicle Records (Committee) to carry out the following:
a) review federal and state laws regarding the release of personal information.
b) review current MVD policies and procedures regarding the release of personal information.
c) identify the form and content of the information released by MVD.
d) identify the recipients of MVD records information and subsequent uses.
e) examine MVD’s current processes to inform persons of the consequences related to providing express consent for the release of motor vehicle records.
f) make recommendations concerning laws, rules or procedures relating to the release of MVD records information.
20. Requires the Committee to report its findings and recommendations to the Governor and the Legislature by December 31, 2006, and provide a copy to the Secretary of State and the Director of the Arizona State Library, Archives and Public Records.
21. Repeals the Committee on September 30, 2007.
MVD Review Panel
22. Requires the MVD Director to select a review panel to review applications for the release of motor vehicle records information, verify the accuracy of an applicant’s information and, based on the review and verification, determine the eligibility of the applicant to receive motor vehicle records information.
23. Prohibits MVD from maintaining medical codes in the computer system after issuing a driver license or nonoperating identification license unless an individual requests in writing that the person wants the medical code as part of the MVD computer record.
24. Provides definitions related to personal records and information.
25. Makes technical and conforming changes.
26. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Makes a technical change.
Amendments Adopted by Conference Committee
1. Replaces the language requiring express consent for individuals to release personal information to MVD.
2. Outlines the requirements for the information contained in the express consent form MVD provides to individuals.
3. Prevents MVD or MVD employees from obtaining or disclosing personal or highly restricted personal information except as authorized by law.
4. Classifies a violation of the unauthorized attainment or disclosure of personal or highly restricted personal information a class 1 misdemeanor.
5. Establishes a six-member Joint Legislative Study Committee on Motor Vehicle Records, which is charged with reviewing federal and state laws and MVD polices regarding the release of personal information, identifying the form, content and recipients of the released information and examining the current process to inform individuals of the consequences associated with releasing personal information.
6. Requires the Committee to report findings and recommendations to the Governor and Legislature by December 31, 2006, and to provide a copy of the report to the Secretary of State and the Director of the Arizona State Library, Archives and Public Records.
7. Creates an MVD review panel, selected by the Director, to review applications for the release of motor vehicle records information, verify the accuracy of an applicant’s information and, based on the review, determine the applicant’s eligibility to receive the requested information.
8. Prevents MVD from maintaining an individual’s medical code in the computer record after the information has been entered on the driver license unless the individual requests that the medical code be retained in the system.
9. Clarifies that personal information obtained by MVD may be used by an attorney or licensed private investigator in conjunction with any civil, criminal, administrative or arbitration proceeding.
10. Stipulates that personal information obtained by MVD may be used by any insurer that writes automobile liability or motor vehicle liability insurance, rather than any insurer.
11. Defines “electronic signature,” “insurance support organization,” and “medical or disability information.”
House Action Senate Action
TRANS 2/2/06 DPA 9-0-0-0 TRANS 2/28/06 DPA 3-0-2-0
3rd Read 2/13/06 57-0-3-0 3rd Read 4/12/06 20-9-1-0
Final Read 5/22/06 57-1-2-0 Final Read 5/23/06 27-0-3-0
Signed by the Governor 5/30/06
Prepared by Senate Research
June 2, 2006