§ 2721. — Prohibition on release and use of certain personal information from State motor vehicle records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2721]
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
(a) In General.--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:
(1) personal information, as defined in 18 U.S.C. 2725(3), about
any individual obtained by the department in connection with a motor
vehicle record, except as provided in subsection (b) of this
section; or
(2) highly restricted personal information, as defined in 18
U.S.C. 2725(4), about any individual obtained by the department in
connection with a motor vehicle record, without the express consent
of the person to whom such information applies, except uses
permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9):
Provided, That subsection (a)(2) shall not in any way affect the use
of organ donation information on an individual's driver's license or
affect the administration of organ donation initiatives in the
States.
(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, subject to
subsection (a)(2), 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 State has obtained the express consent
of the person to whom such personal information pertains.
(12) For bulk distribution for surveys, marketing or
solicitations if the State has obtained the express consent of the
person to whom such personal information pertains.
(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 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.
(e) Prohibition on Conditions.--No State may condition or burden in
any way the issuance of an individual's motor vehicle record as defined
in 18 U.S.C. 2725(1) to obtain express consent. Nothing in this
paragraph shall be construed to prohibit a State from charging an
administrative fee for issuance of a motor vehicle record.
(Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994, 108
Stat. 2099; amended Pub. L. 104-287, Sec. 1, Oct. 11, 1996, 110 Stat.
3388; Pub. L. 104-294, title VI, Sec. 604(b)(46), Oct. 11, 1996, 110
Stat. 3509; Pub. L. 106-69, title III, Sec. 350(c), (d), Oct. 9, 1999,
113 Stat. 1025; Pub. L. 106-346, Sec. 101(a) [title III, Sec. 309(c)-
(e)], Oct. 23, 2000, 114 Stat. 1356, 1356A-24.)
References in Text
The Anti Car Theft Act of 1992, referred to in subsec. (b), is Pub.
L. 102-519, Oct. 25, 1992, 106 Stat. 3384. For complete classification
of titles I and IV of the Act to the Code, see Tables.
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 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.
Amendments
2000--Subsec. (a). Pub. L. 106-346, Sec. 101(a) [title III,
Sec. 309(c)], reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: ``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.''
Subsec. (b). Pub. L. 106-346, Sec. 101(a) [title III, Sec. 309(d)],
inserted ``, subject to subsection (a)(2),'' before ``may be disclosed''
in introductory provisions.
Subsec. (e). Pub. L. 106-346, Sec. 101(a) [title III, Sec. 309(e)],
added subsec. (e).
1999--Subsec. (b)(11). Pub. L. 106-69, Sec. 350(c), substituted ``if
the State has obtained the express consent of the person to whom such
personal information pertains'' for ``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''.
Subsec. (b)(12). Pub. L. 106-69, Sec. 350(d), substituted ``if the
State has obtained the express consent of the person to whom such
personal information pertains'' for ``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''.
1996--Subsec. (b). Pub. L. 104-287, Sec. 1(1), in introductory
provisions, substituted ``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'' for ``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''.
Subsec. (b)(9). Pub. L. 104-287, Sec. 1(2), substituted ``chapter
313 of title 49'' for ``the Commercial Motor Vehicle Safety Act of 1986
(49 U.S.C. App. 2710 et seq.)''.
Subsec. (c). Pub. L. 104-294 substituted ``covered by this chapter''
for ``covered by this title''.
Effective Date of 1999 Amendment
Pub. L. 106-69, title III, Sec. 350(g)(2), Oct. 9, 1999, 113 Stat.
1025, provided that: ``Subsections (b), (c), and (d) [amending this
section] shall be effective on June 1, 2000, excluding the States of
Arkansas, Montana, Nevada, North Dakota, Oregon, and Texas that shall be
in compliance with subsections (b), (c), and (d) within 90 days of the
next convening of the State legislature and excluding the States of
Wisconsin, South Carolina, and Oklahoma that shall be in compliance
within 90 days following the day of issuance of a final decision on Reno
vs. Condon by the United States Supreme Court if the State legislature
is in session, or within 90 days of the next convening of the State
legislature following the issuance of such final decision if the State
legislature is not in session.''
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section
604(d) of Pub. L. 104-294, set out as a note under section 13 of this
title.
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'.''
Relationship to Other Law
The Consumer Credit Reporting Reform Act of 1996 [see Short Title
note set out under section 1601 of Title 15, Commerce and Trade] not to
be considered to supersede or otherwise affect this section with respect
to motor vehicle records for surveys, marketing, or solicitations, see
section 2421 of Pub. L. 104-208, set out as a note under section 1681a
of Title 15.
Section Referred to in Other Sections
This section is referred to in section 2722 of this title.
