Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 5 - Records › Subchapter B - Privacy › Section III-553 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in Subchapter B, the following terms have the
					 meanings described below.
Assistant Secretary
- the assistant
					 secretary of the Department of Public Safety and Corrections, Public Safety
					 Services, Office of Motor Vehicles.
Authorized Recipient
- a person,
					 corporation, partnership, limited liability company, or other business entity
					 who has received all or part of the personal information contained in the
					 records of an individual from the department pursuant to a written request
					 authorized by Subchapter B, and includes any requester who is subsequently
					 approved to receive records or personal information on individuals pursuant to
					 a contract as provided in Subchapter B.
Consented Disclosure
- personal information
					 disclosed to a requester who has demonstrated that he has obtained the written
					 consent of the person who is the subject of the personal information.
Department
- the Department of Public
					 Safety and Corrections, Public Safety Services, Office of Motor
					 Vehicles.
Disclose, Disclosure
- when used in the
					 context of describing the release of personal information, the process to make
					 known or make available personal information. The release of information
					 through this process shall be limited to the three categories as defined in
					 §553 as follows:
a. a consented disclosure;
b. a permitted disclosure; or
c. a required disclosure.
Motor Vehicle Record
- any record that
					 pertains to a motor vehicle operator's permit, motor vehicle title, motor
					 vehicle registration, or identification card issued by the department which
					 contains personal information.
Permitted Disclosure
- personal information
					 that may be disclosed as follows:
a. for use by any government 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;
b. for use in connection with:
i. motor vehicle or driver safety and theft;
ii. motor vehicle emissions;
iii. motor vehicle product alterations, recalls, or
					 advisories;
iv. performance monitoring of motor vehicles, motor vehicle
					 parts, and dealers;
v. motor vehicle market research activities, including
					 survey research; and
vi. removal of nonowner records from the original owner
					 records of motor vehicle manufacturers;
c. 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,
					 its agents, employees, or contractors, and if such information as so submitted
					 is not correct or is no longer correct, to obtain 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;
d. 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,
					 investigations in anticipation of litigation, and the execution or enforcement
					 of judgments or orders, or pursuant to an order of a federal, state, or local
					 court;
e. for use in research activities and for use in producing
					 statistical reports, so long as the personal information is not published,
					 redisclosed, or used to recontact individuals;
f. 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, antifraud
					 activities, rating or underwriting;
g. for use in providing notice to the owners of towed or
					 impounded vehicles;
h. for use by licensed private investigation agency, or
					 licensed security service for any purpose permitted under this Section;
i. for use by an employer or its agents or insurer to
					 obtain or verify information relating to a holder of a commercial driver's
					 license that is required under the Commercial Motor Vehicle Safety Act of
					 1986;
j. for use in connection with the operation of private toll
					 transportation facilities;
k. for bulk distribution for surveys, marketing or
					 solicitation if the individual has not prohibited the disclosure of the
					 individual's personal information;
l. for use by a requester, if the requester demonstrates it
					 has obtained the written consent of the individual to whom the information
					 pertains;
m. for any other use specifically authorized by state law
					 related to the operation of a motor vehicle or public safety.
Person
- an individual or natural person,
					 and does not include a corporation, partnership, limited liability company or
					 other business entity.
Personal Information
- all information
					 contained in the records of the Office of Motor Vehicles that identifies a
					 person including an individual's photograph or computerized image, Social
					 Security number, driver's license number, name, address (but not the five digit
					 zip code), telephone number, and medical or disability information. Personal
					 information does not include information on vehicular accidents, driving or
					 equipment related violations, and driver's license or registration
					 status.
Record
- all books, papers, photographs,
					 photostats, cards, films, tapes, recordings, electronic data, computer tapes,
					 computer disks, printouts, other documentary materials regardless of physical
					 form or characteristics.
Redisclose, Redisclosure
- when used in the
					 context of describing the release of personal information, the disclosure by an
					 authorized recipient of records or personal information, but only for purposes
					 authorized by Subchapter B.
Requester
- the person, corporation,
					 partnership, limited liability company or other business entity, or any federal
					 or state agency submitting a written or other authorized request to the
					 department for an individual's personal information.
Required Disclosure
- personal information
					 that 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 nonowner records
					 from 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 Safety Act of
					 l966, the Anti-Car Theft Act of 1992, and the Clean Air Act.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:401 et seq., and
					 R.S.
					 32:853.