I

103D CONGRESS

1ST SESSION H. R. 3365

To amend title 18, United States Code, to protect the personal privacy

and safety of licensed drivers, taking into account the legitimate needs

of government and business.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 1993

Mr. MORAN (for himself, Mr. FRANK of Massachusetts, Ms. PELOSI, Mr.

TOWNS, Mr. SCOTT, Ms. BYRNE, and Mrs. MORELLA) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to protect the personal privacy and safety of licensed drivers, taking into

account the legitimate needs of government and business.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Driver’s Privacy Pro5 tection Act of 1993’’.

6 SEC. 2. PROHIBITION ON RELEASE OF CERTAIN PERSONAL

7 INFORMATION BY STATES.

8 (a) IN GENERAL.—Title 18, United States Code, is

9 amended by inserting after chapter 121 the following:
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1 ‘‘CHAPTER 123—PROHIBITION ON RELEASE OF

2 CERTAIN PERSONAL INFORMATION BY STATES

‘‘Sec.

‘‘2721. Prohibition on release of certain personal information by States.

‘‘2722. Additional unlawful acts.

‘‘2723. Penalties and remedies.

‘‘2724. Effect on State and local law.

‘‘2725. Definitions.

3 ‘‘§ 2721. Prohibition on release of certain personal in4 formation by States

5 ‘‘(a) IN GENERAL.—It shall be unlawful for any per6 son or other entity to disclose personal information derived

7 from an individual’s motor vehicle records to any other

8 person or entity, other than to the individual, except as

9 permitted under this chapter.

10 ‘‘(b) EXCEPTIONS.—Personal information referred to

11 in subsection (a) of this section may be disclosed for any

12 of the following uses:

13 ‘‘(1) For use by any Federal or State court in

14 carrying out its functions.

15 ‘‘(2) For use by any Federal or State agency in

16 carrying out its functions.

17 ‘‘(3) For use in connection with matters of

18 automobile and driver safety, including manufactur19 ers of motor vehicles conducting a recall of motor ve20 hicles.

21 ‘‘(4) For use in the normal course of business

22 by a legitimate business (including an insurer or in-
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1 surance support organization) or its agents or em2 ployees or contractors, but only—

3 ‘‘(A) to verify the accuracy of personal in4 formation submitted by the individual to the

5 business; and

6 ‘‘(B) if such information as so submitted

7 was not correct, to obtain the correct informa8 tion, but only for the purpose of pursuing rem9 edies against an individual who provided false

10 information or presented a check or similar

11 item that was not honored.

12 ‘‘(5) For use in any civil or criminal proceeding

13 in any Federal or State court.

14 ‘‘(6) For use in research activities, if the motor

15 vehicle department determines that such personal in16 formation will not be used to solicit the individual

17 and that the individual is not identified or associated

18 with the requested information.

19 ‘‘(7) For use in marketing activities, if the

20 motor vehicle department—

21 ‘‘(A) has provided in a clear and conspicu22 ous manner to the individual an opportunity to

23 prohibit such disclosure;

24 ‘‘(B) has received assurances that the in25 formation will be used, rented, or sold solely for
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1 a permissible use under this chapter, including

2 marketing activities; and

3 ‘‘(C) has received assurances that each en4 tity that sells or uses the information so ob5 tained keeps complete records identifying each

6 purpose for which the information is used and

7 each organization that receives the information.

8 ‘‘(8) For purposes of reselling the personal in9 formation for a permissible use under paragraph (7)

10 of this subsection, but only if each person or other

11 entity that sells or uses the information so obtained

12 keeps complete records identifying—

13 ‘‘(A) each purpose for which the informa14 tion is used; and

15 ‘‘(B) each person or other entity that re16 ceives the information.

17 ‘‘(9) For use by any insurer or insurance sup18 port organization, or its employees, agents, and con19 tractors, but only in connection with claims inves20 tigation activities or antifraud activities.

21 ‘‘(c) WAIVER PROCEDURES.—(1) Each State shall

22 establish and carry out procedures under which—

23 ‘‘(A) an individual to whom the information

24 pertains may authorize the agency to disclose such

25 information; and
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1 ‘‘(B) any motor vehicle department of the State

2 may enter into an agreement with any business (in3 cluding an insurer or insurance support organiza4 tion) or its agents, employees, or contractors, based

5 upon a certification that the business has obtained

6 or will have obtained consent from the individual to

7 whom the information pertains, to obtain requested

8 personal information from such department.

9 ‘‘(2) Any State department of motor vehicles, upon

10 receiving a request for personal information referred to

11 in subsection (a) of this section, other than for a use re12 ferred to in subsection (b) of this section, shall, if such

13 request is not accompanied by a waiver in accordance with

14 paragraph (1) of this subsection, mail, within 10 days fol15 lowing the receipt of such request, a copy of that request

16 to the individual concerning whom the personal informa17 tion was requested informing such individual of the re18 quest, together with a statement to the effect that such

19 information will not be released unless the individual

20 waives such individual’s right to confidentiality under this

21 section.

22 ‘‘§ 2722. Additional unlawful acts

23 ‘‘(a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It

24 shall be unlawful for any person knowingly to obtain or

25 use personal information, derived from a motor vehicle
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1 record, for any purpose not described in section 2721(b)

2 of this title.

3 ‘‘(b) FALSE REPRESENTATIONS; UNLAWFUL DIS4 TRIBUTION.—It shall be unlawful for any person to make

5 any false representation to obtain or use any personal in6 formation derived from an individual’s motor vehicle

7 record.

8 ‘‘§ 2723. Penalties and remedies

9 ‘‘(a) WILLFUL VIOLATIONS BY NON-GOVERNMENTAL

10 ENTITIES.—Any person or other entity (other than a

11 State or agency thereof) that willfully violates this chapter

12 shall be fined under this title or imprisoned not more than

13 1 year, or both.

14 ‘‘(b) NONWILLFUL VIOLATIONS BY NON-GOVERN15 MENTAL ENTITIES.— Any person or other entity (other

16 than a State or agency thereof) that violates this chapter

17 shall be subject to a civil penalty in an amount not to

18 exceed $5,000.

19 ‘‘(c) VIOLATION BY GOVERNMENTAL ENTITIES.—If

20 a State or agency thereof willfully violates this chapter,

21 the State shall be subject to a civil penalty in the amount

22 of $10,000. Each day of continued noncompliance by the

23 State shall constitute a separate violation.
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1 ‘‘§ 2724. Effect on State and local law

2 ‘‘A State or local government may prohibit conduct

3 that is permitted in the exceptions set forth in section

4 2721(b) of this title.

5 ‘‘§ 2725. Definitions

6 ‘‘As used in this chapter—

7 ‘‘(1) the term ‘personal information’ means an

8 individual’s name, address, telephone number, social

9 security number, driver’s identification number,

10 medical and disability information, photograph, or

11 other information that identifies a particular individ12 ual;

13 ‘‘(2) the term ‘State’ includes the District of

14 Columbia, Puerto Rico, and any other possession or

15 territory of the United States; and

16 ‘‘(3) the term ‘motor vehicle record information’

17 means—

18 ‘‘(A) information about who is licensed to

19 drive vehicles on the public highways, including

20 any personal information about the licensed

21 driver that is maintained as part of, or is asso22 ciated with, a listing of who is so licensed;

23 ‘‘(B) registration information about a

24 motor vehicle; and

25 ‘‘(C) information about violations of traffic

26 laws and similar information kept about a li-
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1 censed driver in connection with the operations

2 of a governmental authority that controls such

3 licensing.’’.

4 (B) CLERICAL AMENDMENT.—The table of chapters

5 at the beginning of part I of title 18, United States Code,

6 is amended by inserting after the item relating to chapter

7 121 the following new item:

‘‘123. Prohibition on Release of Certain Personal Information by States .................................................... 2721’’.

Æ