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.
“Driver’s Privacy Protection Act” is defined in 761—Chapter 611.
“Sanction” is defined in rule 761—615.1(321).
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) Certified driver records.
	610.4(1) In accordance with Iowa Code section 321A.3, a printed, certified driver 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 driver record does not include the individual’s photograph, social security number, or medical or disability information.
	610.4(2) To obtain a certified driver record, a requester shall submit a written request to the office of driver services. The statutory fee shall accompany the request. The request must include sufficient information to identify the individual whose record is requested.
	610.4(3) Personal information protected by Iowa Code section 321.11 may be released only in the following situations:
	a. 	The personal information was included in the request.
	b. 	The requester is authorized by the Driver’s Privacy Protection Act to use the information. In this situation, the department may require the requester to:
	(1)	Provide proof of identity and authority to secure access to the information.
	(2)	Sign a certified statement or affidavit listing the specific reasons justifying access to the information and provide any proof necessary to establish relevant facts.
	c. 	The requester demonstrates to the department that the requester has obtained the express written consent of the individual to whom the personal information pertains. See 761—Chapter 611 for requirements regarding express written consent.
	d. 	The requester is the individual to whom the personal information pertains. The department shall require the requester to provide proof of identity.
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]