-Caveat Lector- Janet (johnny) Reno let the wolf eat the chickens U.S. Code as Amended by the Driver's Privacy Protection Act (DPPA) TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS Sec. 2721. Prohibition on release and use of certain personal information from State motor vehicle records. (FOOTNOTE 1) (FOOTNOTE 1) Editorially supplied. Sections 2721 to 2725 added by Pub. L. 103-322 without corresponding enactment of chapter analysis. 2722. Additional unlawful acts. (FOOTNOTE 1) 2723. Penalties. (FOOTNOTE 1) 2724. Civil action. (FOOTNOTE 1) 2725. Definitions. (FOOTNOTE 1) EFFECTIVE DATE OF CHAPTER Chapter effective 3 years after Sept. 13, 1994, with provisions relating to implementation of section 2721(b)(11) and (12) of this title and further provision that prior to effective date, personal information covered by this chapter may be released consistent with State law or practice, see section 300003 of Pub. L. 103-322, set out as an Effective Date note under section 2721 Sec. 2721. Prohibition on release and use of certain personal information from State motor vehicle records (a) In General. - Except as provided in subsection (b), a State department of motor vehicles, and any officer, employee, or contractor, thereof, shall not knowingly disclose or otherwise make available to any person or entity personal information about any individual obtained by the department in connection with a motor vehicle record. (b) Permissible Uses. - Personal information referred to in subsection (a) shall 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 and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers 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, and may be disclosed as follows: (1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions. (2) 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. (3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only- (A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and, (B) 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 against, or recovering on a debt or security interest against, the individual. (4) 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-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court. (5) 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. (6) 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. (7) For use in providing notice to the owners of towed or impounded vehicles. (8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection. (9) 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 (49 U.S.C. App. 2710 et seq.). (FOOTNOTE 1) (FOOTNOTE 1) See References in Text note below. (10) For use in connection with the operation of private toll transportation facilities. (11) For any other use in response to requests for individual motor vehicle records if the motor vehicle department has provided in a clear and conspicuous manner on forms for issuance or renewal of operator's permits, titles, registrations, or identification cards, notice that personal information collected by the department may be disclosed to any business or person, and has provided in a clear and conspicuous manner on such forms an opportunity to prohibit such disclosures. (12) For bulk distribution for surveys, marketing or solicitations if the motor vehicle department has implemented methods and procedures to ensure that - (A) individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses; and, (B) the information will be used, rented, or sold solely for bulk distribution for surveys, marketing, and solicitations, and that surveys, marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them. (13) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains. (14) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety. (c) Resale or Redisclosure. - An authorized recipient of personal information (except a recipient under subsection (b)(11) or (12)) may resell or redisclose the information only for a use permitted under subsection (b) (but not for uses under subsection (b)(11) or (12)). An authorized recipient under subsection (b)(11) may resell or redisclose personal information for any purpose. An authorized recipient under subsection (b)(12) may resell or redisclose personal information pursuant to subsection (b)(12). Any authorized recipient (except a recipient under subsection (b)(11)) that resells or rediscloses personal information covered by this title must keep for a period of 5 years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and must make such records available to the motor vehicle department upon request. (d) Waiver Procedures. - A State motor vehicle department may establish and carry out procedures under which the department or its agents, upon receiving a request for personal information that does not fall within one of the exceptions in subsection (b), may mail a copy of the request to the individual about whom the information was requested, informing such individual of the request, together with a statement to the effect that the information will not be released unless the individual waives such individual's right to privacy under this section. (Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994, 108 Stat. 2099.) REFERENCES IN TEXT The Automobile Information Disclosure Act, referred to in subsec. (b), is Pub. L. 85-506, July 7, 1958, 72 Stat. 325, as amended, which is classified generally to chapter 28 (Sec. 1231 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1231 of Title 15 and Tables. The Motor Vehicle Information and Cost Saving Act, referred to in subsec. (b), probably means the Motor Vehicle Information and Cost Savings Act, Pub. L. 92-513, Oct. 20, 1972, 86 Stat. 947, as amended, which was classified generally to chapter 46 (Sec. 1901 et seq.) of Title 15, and was repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379, and Pub. L. 103-429, Sec. 11(b), Oct. 31, 1994, 108 Stat. 4391, and reenacted by the first section of Pub. L. 103-272, and section 6(43)(B) of Pub. L. 103-429, as part C (Sec. 32101 et seq.) of subtitle VI of Title 49, Transportation. The National Traffic and Motor Vehicle Safety Act of 1966, referred to in subsec. (b), is Pub. L. 89-563, Sept. 9, 1966, 80 Stat. 718, as amended, which was classified generally to chapter 38 (Sec. 1381 et seq.) of Title 15, and was substantially repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as chapter 301 (Sec. 30101 et seq.) of Title 49. The Anti-Car Theft Act of 1992, referred to in subsec. (b), probably means the Anti Car Theft Act of 1992, Pub. L. 102-519, Oct. 25, 1992, 106 Stat. 3384. Sections 201 to 204 and 301 to 306 of the Act were repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 2311 of this title and Tables. The Clean Air Act, referred to in subsec. (b), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. The Commercial Motor Vehicle Safety Act of 1986, referred to in subsec. (b)(9), is title XII of Pub. L. 99-570, Oct. 27, 1986, 100 Stat. 3207-170, which was classified principally to chapter 36 (Sec. 2701 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as chapter 313 (Sec. 31301 et seq.) of Title 49, Transportation. EFFECTIVE DATE Section 300003 of Pub. L. 103-322 provided that: ''The amendments made by section 300002 (enacting this chapter) shall become effective on the date that is 3 years after the date of enactment of this Act (Sept. 13, 1994). After the effective date, if a State has implemented a procedure under section 2721(b)(11) and (12) of title 18, United States Code, as added by section 2902 (probably should be section ''300002(a)''), for prohibiting disclosures or uses of personal information, and the procedure otherwise meets the requirements of subsection (b)(11) and (12), the State shall be in compliance with subsection (b)(11) and (12) even if the procedure is not available to individuals until they renew their license, title, registration or identification card, so long as the State provides some other procedure for individuals to contact the State on their own initiative to prohibit such uses or disclosures. Prior to the effective date, personal information covered by the amendment made by section 300002 may be released consistent with State law or practice.'' SHORT TITLE Section 300001 of title XXX of Pub. L. 103-322 provided that: ''This title (enacting this chapter) may be cited as the 'Driver's Privacy Protection Act of 1994'.'' SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2722 of this title. Sec. 2722. Additional unlawful acts (a) Procurement for Unlawful Purpose. - It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title. (b) False Representation. - It shall be unlawful for any person to make false representation to obtain any personal information from an individual's motor vehicle record. (Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994, 108 Stat. 2101.) Sec. 2723. Penalties (a) Criminal Fine. - A person who knowingly violates this chapter shall be fined under this title. (b) Violations by State Department of Motor Vehicles. - Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance. (Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994, 108 Stat. 2101.) Sec. 2724. Civil action (a) Cause of Action. - A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court. (b) Remedies. - The court may award - (1) actual damages, but not less than liquidated damages in the amount of $2,500; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorneys' fees and other litigation costs reasonably incurred; and (4) such other preliminary and equitable relief as the court determines to be appropriate. (Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994, 108 Stat. 2101.) Sec. 2725. Definitions In this chapter - (1) ''motor vehicle record'' means 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; (2) ''person'' means an individual, organization or entity, but does not include a State or agency thereof; and (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. (Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994, 108 Stat. 2102.) [Full Text of the Act itself follows] H.R.3355 Violent Crime Control and Law Enforcement Act of 1994 (Enrolled Bill (Sent to President)) TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE RECORDS SEC. 300001. SHORT TITLE. This title may be cited as the `Driver's Privacy Protection Act of 1994 '. SEC. 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS. (a) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 121 the following new chapter: `CHAPTER 123--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS `Sec. 2721. Prohibition on release and use of certain personal information from State motor vehicle records `(a) IN GENERAL- Except as provided in subsection (b), a State department of motor vehicles, and any officer, employee, or contractor, thereof, shall not knowingly disclose or otherwise make available to any person or entity personal information about any individual obtained by the department in connection with a motor vehicle record. `(b) PERMISSIBLE USES- Personal information referred to in subsection (a) shall 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 and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers 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 , and may be disclosed as follows: `(1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions. `(2) 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. `(3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only-- `(A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and `(B) 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 against, or recovering on a debt or security interest against, the individual. `(4) 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-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court. `(5) 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. `(6) 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. `(7) For use in providing notice to the owners of towed or impounded vehicles. `(8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection. `(9) 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 (49 U.S.C. App. 2710 et seq.). `(10) For use in connection with the operation of private toll transportation facilities. `(11) For any other use in response to requests for individual motor vehicle records if the motor vehicle department has provided in a clear and conspicuous manner on forms for issuance or renewal of operator's permits, titles, registrations, or identification cards, notice that personal information collected by the department may be disclosed to any business or person, and has provided in a clear and conspicuous manner on such forms an opportunity to prohibit such disclosures. `(12) For bulk distribution for surveys, marketing or solicitations if the motor vehicle department has implemented methods and procedures to ensure that-- `(A) individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses; and `(B) the information will be used, rented, or sold solely for bulk distribution for surveys, marketing, and solicitations, and that surveys, marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them. `(13) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains. `(14) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety. `(c) RESALE OR REDISCLOSURE- An authorized recipient of personal information (except a recipient under subsection (b)(11) or (12)) may resell or redisclose the information only for a use permitted under subsection (b) (but not for uses under subsection (b) (11) or (12)). An authorized recipient under subsection (b)(11) may resell or redisclose personal information for any purpose. An authorized recipient under subsection (b)(12) may resell or redisclose personal information pursuant to subsection (b)(12). Any authorized recipient (except a recipient under subsection (b)(11)) that resells or rediscloses personal information covered by this title must keep for a period of 5 years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and must make such records available to the motor vehicle department upon request. `(d) WAIVER PROCEDURES- A State motor vehicle department may establish and carry out procedures under which the department or its agents, upon receiving a request for personal information that does not fall within one of the exceptions in subsection (b), may mail a copy of the request to the individual about whom the information was requested, informing such individual of the request, together with a statement to the effect that the information will not be released unless the individual waives such individual's right to privacy under this section. `Sec. 2722. Additional unlawful acts `(a) PROCUREMENT FOR UNLAWFUL PURPOSE- It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title. `(b) FALSE REPRESENTATION- It shall be unlawful for any person to make false representation to obtain any personal information from an individual's motor vehicle record. `Sec. 2723. Penalties `(a) CRIMINAL FINE- A person who knowingly violates this chapter shall be fined under this title. `(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES- Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance. `Sec. 2724. Civil action `(a) CAUSE OF ACTION- A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court. `(b) REMEDIES- The court may award-- `(1) actual damages, but not less than liquidated damages in the amount of $2,500; `(2) punitive damages upon proof of willful or reckless disregard of the law ; `(3) reasonable attorneys' fees and other litigation costs reasonably incurred; and `(4) such other preliminary and equitable relief as the court determines to be appropriate. `Sec. 2725. Definitions `In this chapter-- `(1)`motor vehicle record' means 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; `(2)`person' means an individual, organization or entity, but does not include a State or agency thereof; and `(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.'. (b) CLERICAL AMENDMENT- The table of parts at the beginning of part I of title 18, United States Code, is amended by adding at the end the following new item: 2271' SEC. 300003. EFFECTIVE DATE. The amendments made by section 300002 shall become effective on the date that is 3 years after the date of enactment of this Act . After the effective date, if a State has implemented a procedure under section 2721(b) (11) and (12) of title 18, United States Code, as added by section 2902, for prohibiting disclosures or uses of personal information, and the procedure otherwise meets the requirements of subsection (b) (11) and (12), the State shall be in compliance with subsection (b) (11) and (12) even if the procedure is not available to individuals until they renew their license, title, registration or identification card, so long as the State provides some other procedure for individuals to contact the State on their own initiative to prohibit such uses or disclosures. Prior to the effective date, personal information covered by the amendment made by section 300002 may be released consistent with State law or practice. 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