






      TITLE XXX-PROTECTION OF PRIVACY OF INFORMATION IN STATE
      RECORDS
      
   
   
   
   
   SEC. 300001. SHORT TITLE.
   
   
   
   This title may be cited as the "Driver's Privacy Protection
   1994".
   
   
   
   SEC. 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN
   INFORMATION FROM STATE MOTOR VEHICLE RECORDS.
   
   
   
   (a) In General .-Title 18, United States Code, is amended by inserting
   after chapter 121 the following new chapter:
   
   
   
   "CHAPTER 123-PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
   INFORMATION FROM STATE MOTOR VEHICLE RECORDS
   
   
   
   " 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 obtained 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:
   
   
   
   "(1) 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.
   
   
   
   "(2) 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.
   
   
   
   "(3) 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, or 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 debt or security interest against, the individual.
   
   
   
   "(4) 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.
   
   
   
   "(5) 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 contact individuals.
   
   
   
   "(6) 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.
   
   
   
   "(7) For use in providing notice to the owners of towed or impounded
   vehicles.
   
   
   
   "(8) For use by any licensed private investigative agency or licensed
   security service for any purpose permitted under this subsection.
   
   
   
   "(9) 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 the Commercial Motor Vehicle Safety Act
   of 1986 (49 U.S.C. App. 2710 et seq.).
   
   
   
   "(10) For use in connection with the operation of private toll
   transportation facilities.
   
   
   
   "(11) For any other use in response to requests for individual motor
   vehicle records if the motor vehicle department has provided in a
   clear and conspicuous manner on forms for issuance or 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.
   
   
   
   "(12) For bulk distribution for surveys, marketing or solicitations if
   the motor vehicle department has implemented methods and procedures to
   ensure that-
   
   
   
   "(A) individuals are provided an opportunity, in a clear and
   conspicuous manner, to prohibit such uses; and
   
   
   
   "(B) 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.
   
   
   
   "(13) For use by any requester, if the requester demonstrates it has
   obtained the written consent of the individual to whom the information
   pertains. [*H8854]
   
   
   
   "(14) 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.
   
   
   
   "(c) Resale or Redisclosure .-An authorized recipient of personal
   information (except a recipient under subsection (b)(11) or (12)) may
   resell or redisclose the information only for a use permitted under
   subsection (b) (but not for uses under subsection (b) (11) or (12)).
   An authorized recipient under subsection (b)(11) may resell or
   redisclose personal information for any purpose. An authorized
   recipient under subsection (b)(12) may resell or redisclose personal
   information pursuant to subsection (b)(12). Any authorized recipient
   (except a recipient under subsection (b) (11)) that resells or
   rediscloses personal information covered by this title must keep for a
   period of 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.
   
   
   
   "(d) 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.
   
   
   
   " 2722. Additional unlawful acts
   
   
   
   "(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.
   
   
   
   "(b) False Representation .-It shall be unlawful for any person to
   make false representation to obtain any personal information from an
   individual's motor vehicle record.
   
   
   
   " 2723. Penalties
   
   
   
   "(a) Criminal Fine .-A person who knowingly violates this chapter
   shall be fined under this title.
   
   
   
   "(b) Violations by State Department of Motor Vehicles .-Any State
   department of motor vehicles that has a policy or practice of
   substantial noncompliance with this chapter shall be subject to a
   civil penalty imposed by the Attorney General of not more than $ 5,000
   a day for each day of substantial noncompliance.
   
   
   
   " 2724. Civil action
   
   
   
   "(a) Cause of Action .-A person who knowingly obtains, discloses or
   uses personal information, from a motor vehicle record, for a purpose
   not permitted under this chapter shall be liable to the individual to
   whom the information pertains, who may bring a civil action in a
   United States district court.
   
   
   
   "(b) Remedies .-The court may award-
   
   
   
   "(1) actual damages, but not less than liquidated damages in the
   amount of $ 2,500;
   
   
   
   "(2) punitive damages upon proof of willful or reckless disregard of
   the law;
   
   
   
   "(3) reasonable attorneys' fees and other litigation costs reasonably
   incurred; and
   
   
   
   "(4) such other preliminary and equitable relief as the court
   determines to be appropriate.
   
   
   
   " 2725. Definitions
   
   
   
   "In this chapter- "(1) 'motor vehicle record' means any record that
   pertains to a motor vehicle operator's permit, motor vehicle title,
   motor vehicle registration, or identification card issued by a
   department of motor vehicles;
   
   
   
   "(2) 'person' means an individual, organization or entity, but does
   not include a State or agency thereof; and
   
   
   
   "(3) 'personal information' means information that identifies an
   individual, including an individual's photograph, social security
   number, driver identification number, name, address (but not the
   5-digit zip code), telephone number, and medical or disability
   information, but does not include information on vehicular accidents,
   driving violations, and driver's status.".
   
   
   
   (b) Clerical Amendment .-The table of parts at the beginning of part I
   of title 18, United States Code, is amended by adding at the end the
   following new item:
   
   
   
   "123. Prohibition on release and use of certain personal information
   from State motor vehicle records
   
   
   
   2271"
   
   
   
   SEC. 300003. EFFECTIVE DATE.
   
   
   
   The amendments made by section 300002 shall become effective on the
   date that is 3 years after the date of enactment of this Act. After
   the effective date, if a State has implemented a procedure under
   section 2721(b) (11) and (12) of title 18, United States Code, as
   added by section 2902, for prohibiting disclosures or uses of personal
   information, and the procedure otherwise meets the requirements of
   subsection (b) (11) and (12), the State shall be in compliance with
   subsection (b) (11) and (12) even if the procedure is not available to
   individuals until they renew their license, title, registration or
   identification card, so long as the State provides some other
   procedure for individuals to contact the State on their own initiative
   to prohibit such uses or disclosures. Prior to the effective date,
   personal information covered by the amendment made by section 300002
   may be released consistent with State law or practice.

