Mississippi Administrative Code › Title 31 - Public Safety › Part 1 - DRIVER SERVICES ADMINISTRATIVE CODE › Chapter 6 - Security Precautions › Rule 31-1-6.8 - Drivers Privacy Protection Act

Current through June 25, 2024
1. Section 2721.
				Prohibition on release and use of certain personal information from State motor
				vehicle records
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 by the department in connection with a motor vehicle
				record.
b. Permissible Uses -
				Personal information referred to in subsection (a) shall be disclosed 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 and dealers by motor vehicle
				manufacturers, and removal of non-owner records from the original owner records
				of motor vehicle manufacturers to carry out the purposes of the
Automobile Information Disclosure Act,
the
Motor
				Vehicle Information and Cost Saving Act,
the
National Traffic
				and Motor Vehicle Safety Act of 1966,
the
Anti-Car Theft Act
				of 1992,
and the
Clean Air Act,
and may be disclosed
				as follows:
i. For use by any government
				agency, including any court of 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.
ii. 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.
iii. For use in the normal course of business
				by a legitimate business or its agents, employees, or contractors, but only:
a. to verify the accuracy of personal
				information submitted by the individual to the business or its agents,
				employees, contractors; and
b. 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 dent security interest
				against, the individual.
iv. 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.
v. 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.
vi. 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.
vii. For use in providing notice to the
				owners of towed or impounded vehicles.
viii. For use by any licensed private
				investigative agency or licensed security service for any purpose permitted
				under this subsection.
ix. For use
				by an employer or its agents or insurer to obtain or verify information to a
				holder of a commercial driver's license that is required under the
Commercial Motor Vehicle Safety Act of 1986
(49 U.S.C. App.
				2710,
et seq.
).
x.
				For use in connection with the operation of private toll transportation
				facilities.
xi. For use in response
				to requests for individual motor vehicle records if the motor vehicle
				department has provided a clear and conspicuous manner on forms for issuance of
				renewal of operator's permits, titles, registrations, or identification cards,
				notice that personal information collected by the department may be disclosed
				to any business or person, and has provided in a clear and conspicuous manner
				on such forms an opportunity to prohibit such disclosures.
xii. For bulk distribution for surveys,
				marketing or solicitations if the motor vehicle department has implemented
				methods and procedures to ensure that:
c. Individuals are provided an opportunity,
				in a clear and conspicuous manner, to prohibit such uses; and
d. The information will be used, rented, or
				sold solely for bulk distribution for surveys, marketing, and solicitations,
				and that surveys, marketing, and solicitations will not be directed at those
				individuals who have requested in a timely fashion that they not be directed at
				them.
i. For use by any requestor, if the
				requestor demonstrates it has obtained the written consent of the individual to
				whom the information pertains.
ii.
				For any other use specifically authorized under the law of the State that holds
				the record, if such use is related to the operation of a motor vehicle or
				public safety.
e. Resale
				or re-disclosure - An authorized recipient of personal information (except a
				recipient under subsection (b)(xi) or (xii)) may resell or re-disclose the
				information only for a use permitted under subsection (b) (but not for uses
				under subsection (b)(xi) or (xii)). An unauthorized recipient under subsection
				(b)(xi) may resell or re-disclose personal information for any purpose. An
				authorized recipient under subsection (b)(xii) may resell or re-disclose
				personal information pursuant to subsection (b)(xii).Any authorized recipient
				(except a recipient under subsection (b)(xi)) that resells or re-discloses
				personal information covered by this title must keep for a period of five (5)
				years records identifying each person or entity that receives information and
				the permitted purpose for which the information will be used and must make such
				records available to the motor vehicle department upon request.
f. Waiver Procedures - A State motor vehicle
				department may establish and carry out procedures under which the department or
				its agents, upon receiving a request for personal information that does not
				fall within one of the exceptions in subsection (b), may mail a copy of the
				request to the individual about whom the information was requested, informing
				such individual of the request, together with a statement to the effect that
				the information will not be released unless the individual waives such
				individual's right to privacy under this section.