CHAPTER 610
RELEASE OF COMPUTERIZED DRIVER’S LICENSE
AND NONOPERATOR’S IDENTIFICATION CARD RECORDS
[Appeared as Ch 14, Department of Public Safety, July 1974 IDR Supplement.]
[Prior to 6/3/87, Transportation Department[820]—(07,C) Ch 15]
761—610.1(321) Applicability. This chapter applies to the release of computerized records of driver’s licenses and nonoperator’s identification cards.
761—610.2(321) Definitions.
“Certified abstract of operating record” means the same as described in Iowa Code subsection 321A.3(1).
“Driver’s Privacy Protection Act” is defined in 761—Chapter 611.
“Highly restricted personal information” means an individual's photograph or image, social security number, or medical or disability information.
“Person” means an individual, organization or entity.
“Personal information” means the same as defined in 761—Chapter 611.
“Recipient” means an individual who has obtained a certified abstract of operating record from the department.
“Sanction” is defined in rule 761—615.1(321).
[ARC 7902B, IAB 7/1/09, effective 8/5/09]
761—610.3(321) Copying files to computer tape cartridges.
	610.3(1) Two types of files are available for copying onto blank computer tape cartridges supplied by requesters:
	a. 	Driver’s license master file. This file can be sorted by Iowa driver’s license number, NDL (no driver’s license) number or nonoperator’s identification card number. For each individual, the file includes the information that is on the face of the driver’s license or nonoperator’s identification card: name, address, license or card number, height, weight, gender, eye color, birth date, class of license, restrictions and endorsements. The file does not include the individual’s photograph, social security number, or medical or disability information.
	b. 	Driver’s license suspension and revocation file. This file can be sorted by Iowa driver’s license number, NDL (no driver’s license) number or nonoperator’s identification card number. For each individual whose privilege to operate motor vehicles or to register vehicles is sanctioned, the file includes the information that is on the face of the driver’s license or nonoperator’s identification card, plus information on the sanction. The file does not include the individual’s photograph, social security number, or medical or disability information. The file is available on a bimonthly basis.
	610.3(2) These files may be released only to requesters who are authorized by the Driver’s Privacy Protection Act to use the information.
	610.3(3) To obtain a copy of either of these files, a requester shall submit a written request to the office of driver services. The blank cartridges needed to copy the files and the appropriate fee for copy preparation and mailing shall accompany the request. The department may require the requester to:
	a. 	Provide proof of identity and authority to secure access to the information.
	b. 	Sign a certified statement or affidavit listing the specific reasons justifying access to the information and provide any proof necessary to establish relevant facts.
	610.3(4) Data in a file will be provided only in the sequence currently maintained by the department.
	610.3(5) A requested file will be provided within a reasonable period of time but shall not be given priority over other department work.
	610.3(6) No warranty is provided concerning the accuracy or completeness of the data. If a copy is unreadable due to the department’s negligence or error, the department shall provide a duplicate copy without charge.
761—610.4(321,321A) Certified abstract of operating records.
	610.4(1) In accordance with Iowa Code section 321A.3, a printed, certified abstract of the operating record of an individual is available. The record includes the information that is on the face of the individual’s driver’s license, plus information on the individual’s sanctions, reportable vehicle accidents, and convictions. The certified abstract of operating record does not include the individual’s photograph, social security number, or medical or disability information.
	610.4(2) To obtain a certified abstract of operating record, a requestor shall complete Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” and submit it to the office of driver services. Form 431069 must be completed with all required attachments before the department will consider a request for a certified abstract of operating record. A requestor must attach a legible photocopy of the requestor’s driver’s license or nonoperator’s identification card to the form. The statutory fee, if applicable, shall accompany the form.
	610.4(3) Personal information and highly restricted personal information protected by Iowa Code section 321.11 and the Driver's Privacy Protection Act may be released only in the following situations:
	a. 	The requestor has complied with each of the following requirements:
	(1)	Completed Form 431069 and submitted it to the office of driver services;
	(2)	Included all required attachments with the form, including a photocopy of the requestor’s driver’s license or nonoperator’s identification card; and
	(3)	Paid the fee, if applicable, for the requested record.
	b. 	The department is satisfied that the requestor provided adequate and truthful information on Form 431069 and in the documents that the requestor attached to Form 431069.
	610.4(4) The single-use restriction in Iowa Code subsection 321A.3(8) applies only to the certified abstract of operating records and to persons who are subject to the fee listed in Iowa Code subsection 321A.3(1).
	610.4(5) Any person who obtains a certified abstract of operating record from the department is required to comply with Iowa Code section 321.11 and the Driver's Privacy Protection Act.
[ARC 7902B, IAB 7/1/09, effective 8/5/09]
These rules are intended to implement Iowa Code sections 22.2, 22.3, 321.11 and 321A.3.
[Filed 3/11/74; transferred to Department of Transportation, 7/1/75]
[Filed 5/11/87, Notice 3/11/87—published 6/3/87, effective 7/8/87]
[Filed emergency 11/30/89—published 12/27/89, effective 12/1/89]
[Filed 12/18/91, Notice 11/13/91—published 1/8/92, effective 2/12/92]
[Filed 6/19/02, Notice 4/17/02—published 7/10/02, effective 8/14/02]
[Filed ARC 7902B (Notice ARC 7721B, IAB 4/22/09), IAB 7/1/09, effective 8/5/09]