Text: HF02037 Text: HF02039 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.11, Code 1995, is amended to read 1 2 as follows: 1 3 321.11 RECORDS OF DEPARTMENT. 1 4 All records of the department, other than those declared by1 5law to be confidential for the use of the departmentother 1 6 than those made confidential or not permitted to be open in 1 7 accordance with 18 U.S.C. } 2721 et seq., adopted as of a 1 8 specific date by rule of the department, shall be open to 1 9 public inspection during office hours. 1 10 Personal information shall be disclosed to a requestor if 1 11 the individual whose personal information is requested has not 1 12 elected to prohibit disclosure of the information. The 1 13 department shall give notice in a clear and conspicuous manner 1 14 on forms for issuance or renewal of driver's licenses, titles, 1 15 registrations, or nonoperator's identification cards that 1 16 personal information collected by the department may be dis- 1 17 closed to any person. The department shall provide in a clear 1 18 and conspicuous manner on these forms an opportunity for an 1 19 individual to prohibit disclosure of personal information. As 1 20 used in this paragraph, "personal information" means 1 21 information that identifies a person, including a person's 1 22 photograph, social security number, driver's license number, 1 23 name, address, telephone number, and medical or disability 1 24 information, but does not include information on vehicular 1 25 accidents, driving violations, and driver's status or a 1 26 person's zip code. 1 27 Sec. 2. EFFECTIVE DATE. This Act takes effect September 1 28 13, 1997. 1 29 EXPLANATION 1 30 The federal Driver's Privacy Protection Act of 1994 1 31 requires that all records of the state department of 1 32 transportation pertaining to operator's permits, titles, 1 33 registrations, or nonoperator's identification cards that 1 34 contain personal information be closed to public access not 1 35 later than September 13, 1997. Personal information means 2 1 information that identifies a person, including a person's 2 2 photograph, social security number, driver's identification 2 3 number, name, address not including zip code, telephone 2 4 number, and medical or disability information, but does not 2 5 include information on vehicular accidents, driving 2 6 violations, and driver's status. 2 7 Under the federal Act the records are permitted to be 2 8 opened for law enforcement purposes; safety, emissions, and 2 9 product recalls and advisories; monitoring of vehicle 2 10 performance by dealers and manufacturers; and for purposes of 2 11 various federal Acts affecting motor vehicles and motor 2 12 vehicle safety. 2 13 Subsection 2721(b) of the federal Driver's Privacy 2 14 Protection Act of 1994 permits states in certain scenarios to 2 15 allow access to these records. Access may be granted to 2 16 governmental agencies; persons conducting motor vehicle safety 2 17 and marketing research; businesses conducting investigations 2 18 in the normal course of business; for use in any civil, 2 19 criminal, administrative, or arbitral proceedings; for use in 2 20 research; for use by insurance companies; for giving notice of 2 21 vehicle impoundments; for use by licensed private detective or 2 22 security agencies; for verification purposes relating to 2 23 commercial driver qualification; for use in operation of 2 24 private toll facilities; for bulk distribution of surveys and 2 25 marketing solicitations (subject to opt-out provisions as 2 26 provided in this bill); by any person who has the written 2 27 consent of the subject of the record; or for any other use 2 28 authorized by state law relating to the operation of a motor 2 29 vehicle or public safety. This bill would authorize these 2 30 permissible uses of the affected records. 2 31 The bill allows the records to be kept open unless a person 2 32 requests that their records be closed. Those individual 2 33 records then become confidential, but only as to the general 2 34 public or for bulk distribution for surveys, marketing, or 2 35 solicitation. The bill provides that forms for issuance or 3 1 renewal of driver's licenses, titles, registrations, or 3 2 nonoperator's identification cards that contain personal 3 3 information collected by the department provide the person 3 4 with notice of their right to designate their record 3 5 confidential. 3 6 The federal Act provides that if the state department of 3 7 transportation has a policy or practice of substantial 3 8 noncompliance with the federal Act, the department is subject 3 9 to a civil penalty of not more than $5,000 per day of 3 10 substantial noncompliance and it provides for a civil cause of 3 11 action against a person who knowingly obtains, discloses, or 3 12 uses personal information from a motor vehicle record for an 3 13 unpermitted purposes. 3 14 The bill takes effect September 13, 1997. 3 15 LSB 3421HH 76 3 16 js/jw/5
Text: HF02037 Text: HF02039 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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