United StatesDriver's Privacy Protection Act
Also known as Driver's Privacy Protection Act of 1994.
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Consent, Governance
- Audit expectation
- on_request
- Who audits it
- Regulator
- Where the report goes
- Kept, Produced on request
As of .
What it requires
- Do not knowingly obtain or disclose personal information from a motor vehicle record (a record of a motor vehicle operator's permit, title, registration or identification card issued by a department of motor vehicles) for any use the Act does not permit, and do not make a false representation to obtain it. Personal information does not include information on vehicular accidents, driving violations, and driver's status.
- Use such information only for a purpose section 2721(b) lists, for example use by a government agency, safety, recall and theft matters, verifying the accuracy of information an individual gave your business (and, if it is wrong, getting the correct information only to prevent fraud, pursue legal remedies or recover a debt or security interest against the individual), court and arbitral proceedings, research and statistical reports (so long as the information is not published, redisclosed or used to contact individuals), or a use for which you hold the individual's written consent.
- If you are an insurer, an insurance support organization or a self-insured entity (or its agent, employee or contractor), you may use personal information from a motor vehicle record in connection with claims investigation activities, antifraud activities, rating or underwriting under section 2721(b)(6), and for any other purpose only if another paragraph of section 2721(b) permits it.
- Do not use personal information from a motor vehicle record for bulk distribution for surveys, marketing or solicitations unless the State has obtained the express consent of the person to whom the information pertains (section 2721(b)(12)); express consent means consent in writing, including consent conveyed electronically that bears an electronic signature, and a recipient under section 2721(b)(12) may resell or redisclose the information only under that paragraph.
- If you resell or redisclose such information, do so only for a use section 2721(b) permits (but not for uses under section 2721(b)(11) or (12)), unless you obtained it under section 2721(b)(11), in which case you may resell or redisclose it for any purpose, or under section 2721(b)(12), in which case only as that paragraph permits; keep for 5 years records identifying each person or entity that receives it and the permitted purpose (a recipient under section 2721(b)(11) is exempt from that duty), and make the records available to the motor vehicle department on request.
- If you are a State department of motor vehicles, or an officer, employee or contractor of one, do not knowingly disclose or make available personal information obtained in connection with a motor vehicle record except as section 2721(b) permits, and do not disclose highly restricted personal information (a photograph or image, social security number, or medical or disability information) without the individual's express consent in writing, except for the uses in section 2721(b)(1), (4), (6) and (9).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Section 2723(a) provides that a person who knowingly violates the chapter shall be fined under title 18 of the United States Code; the section states no amount.
Statutory damages
18 U.S.C. 2724(b): the court may award actual damages, but not less than liquidated damages of $2,500, plus punitive damages on proof of willful or reckless disregard of the law, reasonable attorneys' fees and other litigation costs, and other preliminary and equitable relief.
- As of
- Currency
- USD
- Per person minimum
- 2,500
Who enforces it
Enforcement body
The Attorney General imposes the civil penalty on a State department of motor vehicles with a policy or practice of substantial noncompliance (18 U.S.C. 2723(b)); a knowing violation is punishable by a fine under title 18 (18 U.S.C. 2723(a)); and the individual whose information was obtained, disclosed or used may sue in a United States district court (18 U.S.C. 2724).
What this law does
A State department of motor vehicles, and any officer, employee or contractor of it, may not knowingly disclose or otherwise make available to any person or entity personal information about an individual obtained by the department in connection with a motor vehicle record, except as section 2721(b) provides.
A State department of motor vehicles may not disclose highly restricted personal information about an individual without the individual's express consent, except for the uses permitted in section 2721(b)(1), (b)(4), (b)(6) and (b)(9). It is unlawful for any person knowingly to obtain or disclose personal information from a motor vehicle record for any use that section 2721(b) does not permit.
An authorized recipient of personal information, other than one under section 2721(b)(11) or (12), may resell or redisclose the information only for a use permitted under section 2721(b). An authorized recipient other than one under section 2721(b)(11) that resells or rediscloses personal information must keep for 5 years records identifying each person or entity that receives it and the permitted purpose, and must make the records available to the motor vehicle department upon request.
A person who knowingly obtains, discloses or uses personal information from a motor vehicle record for a purpose the chapter does not permit is liable to the individual to whom it pertains, who may bring a civil action in a United States district court.
The court may award actual damages but not less than liquidated damages of $2,500, punitive damages on proof of willful or reckless disregard of the law, reasonable attorneys' fees and other litigation costs, and other preliminary and equitable relief. A State department of motor vehicles with a policy or practice of substantial noncompliance with the chapter is subject to a civil penalty imposed by the Attorney General of not more than $5,000 for each day of substantial noncompliance.
A motor vehicle record is any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration or identification card issued by a department of motor vehicles. Personal information does not include information on vehicular accidents, driving violations, and driver's status. Research use and the production of statistical reports are permitted so long as the personal information is not published, redisclosed, or used to contact individuals.
Use for bulk distribution for surveys, marketing or solicitations is permitted if the State has obtained the express consent of the person to whom the personal information pertains. 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 is a permitted use.
Public Law 106-69 of 1999 substituted the State's express consent for the earlier opportunity-to-prohibit procedures in section 2721(b)(11) and (b)(12). The 1999 amendments of section 2721(b)(11) and (b)(12) took effect , with later dates in nine named States. Public Law 106-346 amended the text of section 2721(a) generally and inserted ", subject to subsection (a)(2)," before "may be disclosed" in the introductory provisions of section 2721(b).
When LexLint raises it
When your app profile says your app is an insurer or sends automated outreach.