321.11  Records of department.

1.  All records of the department, other than those made confidential or not permitted to be open in accordance with 18 U.S.C. § 2721 et seq., adopted as of a specific date by rule of the department, shall be open to public inspection during office hours.

2.  Notwithstanding subsection 1, personal information shall not be disclosed to a requestor, except as provided in Pub. L. No. 106-69, § 350(b) or 18 U.S.C. § 2721, unless the person whose personal information is requested has provided express written consent allowing disclosure of the person's personal information. As used in this section, "personal information" means information that identifies a person, including a person's photograph, social security number, driver's license number, name, address, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver's status or a person's zip code.

3.  Notwithstanding other provisions of this section to the contrary, the department shall not release personal information to a person, other than to an officer or employee of a law enforcement agency, an employee of a federal or state agency or political subdivision in the performance of the employee's official duties, a contract employee of the department of inspections and appeals in the conduct of an investigation, or a licensed private investigation agency or a licensed security service or a licensed employee of either, if the information is requested by the presentation of a registration plate number. In addition, an officer or employee of a law enforcement agency may release the name, address, and telephone number of a motor vehicle registrant to a person requesting the information by the presentation of a registration plate number if the officer or employee of the law enforcement agency believes that the release of the information is necessary in the performance of the officer's or employee's duties.

4.  The department shall not sell personal information which is in the form of a person's photograph or digital image or a digital reproduction of a person's photograph, regardless of whether a person has provided express written consent to disclosure of the information. This subsection does not prohibit the department from collecting reasonable fees for copies of records or other services provided pursuant to section 22.3, 321.10, or 622.46.

Section History: Early form

  [C39, § 5000.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 321.11]

Section History: Recent form

  96 Acts, ch 1102, § 1, 3; 97 Acts, ch 108, § 3; 98 Acts, ch 1035, §1; 99 Acts, ch 198, §4; 2000 Acts, ch 1133, §2, 18

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