Embedded Files
Background
Background
After Rebecca Schaeffer’s murder in 1989, her family helped to get privacy laws changed to protect personal information found in motor vehicle records. The result of their efforts is the Federal Driver’s Privacy Protection Act of 1994.
Colorado Law C.R.S. 42-1-206 (1) (b) (I)
Colorado Law C.R.S. 42-1-206 (1) (b) (I)
For purposes of subsections (1) to (3) and (5) of this section, “law” shall mean the federal “Driver’s Privacy Protection Act of 1994”, 18 U.S.C. sec. 2721 et seq., the federal “Fair Credit Reporting Act”, 15 U.S.C. sec. 1681 et seq., part 2 of article 72 of title 24, C.R.S., and this section. The department shall prepare a requestor release form and make such form available to the department’s authorized agents. The form shall include the following:
A statement indicating whether the requestor will use the motor vehicle or driver records or transfer or resell such records to another person for any purpose prohibited by law;
A warning that any person using motor vehicle or driver records, or obtaining, reselling, or transferring the same, for purposes prohibited by law may be subject to civil penalties under federal and state law; and
An affidavit of intended use that states that such requestor shall not obtain, use, resell, or transfer the information for any purpose prohibited by law.
Federal Law 18 U.S.C. 2721(a)
Federal Law 18 U.S.C. 2721(a)
In General -- 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. And
2722(a) Procurement for Unlawful Purpose -- It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title.
Permissible Uses
Permissible Uses
The following are excerpts from the Federal law, 18 U.S.C 2721 Section (b)
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.
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.
For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only—
to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
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.
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.
For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, re-disclosed, or used to contact individuals.
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, anti fraud activities, rating or underwriting.
For use in providing notice to the owners of towed or impounded vehicles.
For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
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
For use in connection with the operation of private toll transportation facilities.
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.
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.
For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.
For any other use specifically authorized under the laws of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety.
Areas of Protection
Areas of Protection
Personally Identifiable Information (PII)
Personally Identifiable Information (PII)
All Secure and Verifiable Identification (SVID) document numbers
Examples:
Driver License number
Identification Card number
Passport number
Social Security number
SVID Information
Examples:
Name
Date of birth
Driver License Number
Drivers License Photo
Personal descriptors such as eye color, hair, height, weight
Address information
Taxes Paid
Persons with Disabilities information:
Persons with Disabilities placards
Persons with Disabilities license plates
Disabled Veteran Persons with Disabilities license plates
PII information is removed or redacted on all record and history searches:
Public
County
Internal
Only requested information necessary for process outlined in request is released with the search results.
PII is to be protected in every form:
E-mail
Fax
Photocopies
Printed documents
In person
Phone conversations
Portable storage devices
Information should not be released knowingly or accidentally.
A County and/or EVTR Service Provider should not release information to law enforcement if requested. The County and/or EVTR Service Provider should refer law enforcement to the State. Law enforcement can be referred to the Law Enforcement Communication at 303-205-5868 or through the Department of Revenue's CORA process.
Page updated
Report abuse