US Code as of: 01/05/99

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 titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and chapters 301, 305, and 321-331 of title 49, 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 chapter 313 of title 49.
  • (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 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 chapter 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.

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