CHAPTER 3.5. DISCLOSURE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS
IC 9-14-3.5
Chapter 3.5. Disclosure of Personal Information Contained inMotor Vehicle Records
IC 9-14-3.5-1
Purpose
Sec. 1. This chapter implements the federal Driver's PrivacyProtection Act of 1994 (18 U.S.C. 2721 et seq.) to protect the interestof individuals in personal privacy by prohibiting the disclosure anduse of personal information contained in motor vehicle records,except as authorized by an affected individual or by law. Theprohibitions of this chapter are in addition to any other prohibitions,including those found in IC 9-14-3-6.
As added by P.L.89-1996, SEC.2.
IC 9-14-3.5-2
"Disclose" defined
Sec. 2. As used in this chapter, "disclose" means to engage in apractice or conduct to make available and make known personalinformation contained in a motor vehicle record about a person toanother person by any means of communication.
As added by P.L.89-1996, SEC.2.
IC 9-14-3.5-3
"Individual record" defined
Sec. 3. As used in this chapter, "individual record" refers to amotor vehicle record containing personal information about a personwho is the subject of the record identified in a request.
As added by P.L.89-1996, SEC.2.
IC 9-14-3.5-4
"Motor vehicle record" defined
Sec. 4. As used in this chapter, "motor vehicle record" means arecord that pertains to:
(1) a driver's license;
(2) a permit;
(3) a motor vehicle registration;
(4) a motor vehicle title; or
(5) an identification document issued by the bureau.
As added by P.L.89-1996, SEC.2. Amended by P.L.39-2000, SEC.1.
IC 9-14-3.5-5
"Personal information" defined
Sec. 5. As used in this chapter, "personal information" meansinformation that identifies a person, including an individual's:
(1) digital photograph;
(2) Social Security number;
(3) driver's license or identification document number;
(4) name;
(5) address (but not the 5-digit zip code); (6) telephone number; or
(7) medical or disability information.
The term does not include information about vehicular accidents,driving or equipment related violations, and operator's license orregistration status.
As added by P.L.89-1996, SEC.2. Amended by P.L.39-2000, SEC.2;P.L.184-2007, SEC.10.
IC 9-14-3.5-6
"Record" defined
Sec. 6. As used in this chapter, "record" refers to books, papers,photographs, photostats, cards, films, tapes, recordings, electronicdata, printouts, or other documentary materials regardless of physicalform or characteristics.
As added by P.L.89-1996, SEC.2.
IC 9-14-3.5-7
Disclosure of personal information or Social Security numberprohibited
Sec. 7. (a) Except as provided in sections 8 and 10 of this chapter:
(1) an officer or employee of the bureau;
(2) an officer or employee of the bureau of motor vehiclescommission; or
(3) a contractor of the bureau or the bureau of motor vehiclescommission (or an officer or employee of the contractor);
may not knowingly disclose personal information about a personobtained by the bureau in connection with a motor vehicle record.
(b) A person's Social Security number shall not be in any waydisclosed on a motor vehicle registration.
As added by P.L.89-1996, SEC.2. Amended by P.L.39-2000, SEC.3;P.L.1-2006, SEC.158.
IC 9-14-3.5-8
Disclosure required to comply with federal statutes
Sec. 8. Personal information related to:
(1) motor vehicle or driver safety and theft;
(2) motor vehicle emissions;
(3) motor vehicle product alterations, recalls, or advisories;
(4) performance monitoring of motor vehicles and dealers bymotor vehicle manufacturers; and
(5) the removal of nonowner records from the original ownerrecords of motor vehicle manufacturers;
must be disclosed under this chapter to carry out the purposes of thefederal Automobile Information Disclosure Act (15 U.S.C. 1231 etseq.), the Motor Vehicle Information and Cost Saving Act (15 U.S.C.1901 et seq.), the National Traffic and Motor Vehicle Safety Act of1966 (15 U.S.C. 1381 et seq.), the Anti-Car Theft Act of 1992 (15U.S.C. 2021 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), andall federal regulations enacted or adopted under these Acts.
As added by P.L.89-1996, SEC.2.
IC 9-14-3.5-9
Repealed
(Repealed by P.L.32-2000, SEC.27.)
IC 9-14-3.5-10
Disclosure for limited purposes
Sec. 10. Except as provided in section 10.5 of this chapter, thebureau may disclose personal information to a person if the personrequesting the information provides proof of identity and representsthat the use of the personal information will be strictly limited to atleast one (1) of the following:
(1) For use by a government agency, including a court or lawenforcement agency, in carrying out its functions, or a personacting on behalf of a government agency in carrying out itsfunctions.
(2) For use in connection with matters concerning:
(A) motor vehicle or driver safety and theft;
(B) motor vehicle emissions;
(C) motor vehicle product alterations, recalls, or advisories;
(D) performance monitoring of motor vehicles, motorvehicle parts, and dealers;
(E) motor vehicle market research activities, includingsurvey research; and
(F) the removal of nonowner records from the original ownerrecords of motor vehicle manufacturers.
(3) For use in the normal course of business by a business or itsagents, employees, or contractors, but only:
(A) to verify the accuracy of personal information submittedby an individual to the business or its agents, employees, orcontractors; and
(B) if information submitted to a business is not correct or isno longer correct, to obtain the correct information only forpurposes of preventing fraud by, pursuing legal remediesagainst, or recovering on a debt or security interest against,the individual.
(4) For use in connection with a civil, a criminal, anadministrative, or an arbitration proceeding in a court orgovernment agency or before a self-regulatory body, includingthe service of process, investigation in anticipation of litigation,and the execution or enforcement of judgments and orders, orunder an order of a court.
(5) For use in research activities, and for use in producingstatistical reports, as long as the personal information is notpublished, re-disclosed, or used to contact the individuals whoare the subject of the personal information.
(6) For use by an insurer, an insurance support organization, ora self-insured entity, or the agents, employees, or contractors ofan insurer, an insurance support organization, or a self-insuredentity in connection with claims investigation activities,anti-fraud activities, rating, or underwriting. (7) For use in providing notice to the owners of towed orimpounded vehicles.
(8) For use by a licensed private investigative agency orlicensed security service for a purpose allowed under thissection.
(9) For use by an employer or its agent or insurer to obtain orverify information relating to a holder of a commercial driver'slicense that is required under the Commercial Motor VehicleSafety Act of 1986 (49 U.S.C. 2710 et seq.).
(10) For use in connection with the operation of private tolltransportation facilities.
(11) For any use in response to requests for individual motorvehicle records when the bureau has obtained the writtenconsent of the person to whom the personal informationpertains.
(12) For bulk distribution for surveys, marketing, orsolicitations when the bureau has obtained the written consentof the person to whom the personal information pertains.
(13) For use by any person, when the person demonstrates, ina form and manner prescribed by the bureau, that writtenconsent has been obtained from the individual who is thesubject of the information.
(14) For any other use specifically authorized by law that isrelated to the operation of a motor vehicle or public safety.
However, this section does not affect the use of anatomical giftinformation on a person's driver's license or identification documentissued by the bureau, nor does it affect the administration ofanatomical gift initiatives in the state.
As added by P.L.89-1996, SEC.2. Amended by P.L.39-2000, SEC.4;P.L.261-2003, SEC.10.
IC 9-14-3.5-10.5
Motor vehicle record information; disclosure
Sec. 10.5. (a) Except as provided in subsections (b) and (c), thebureau may not disclose the following personal information from aperson's motor vehicle record:
(1) Driver's license or digital photograph.
(2) Social Security number.
(3) Medical or disability information.
(b) The bureau may disclose the personal information describedin subsection (a) if the bureau has the express written consent of theperson to whom the personal information pertains to release theinformation described in subsection (a).
(c) The bureau may disclose the personal information describedin subsection (a) without the express written consent of the person towhom the personal information pertains if the person requesting theinformation:
(1) provides proof of identity; and
(2) represents that the use of the personal information will bestrictly limited to at least one (1) of the uses set forth in section
10(1), 10(4), 10(6), and 10(9) of this chapter.
As added by P.L.261-2003, SEC.11. Amended by P.L.184-2007,SEC.11.
IC 9-14-3.5-11
Repealed
(Repealed by P.L.261-2001, SEC.5.)
IC 9-14-3.5-12
Conditions precedent to disclosure
Sec. 12. The bureau may, before disclosing personal information,require the requesting person to satisfy certain conditions for thepurpose of ascertaining:
(1) the correct identity of the requesting person;
(2) that the use of the disclosed information will be only asauthorized; or
(3) that the consent of the person who is the subject of theinformation has been obtained.
The conditions may include the making and filing of a writtenapplication on a form prescribed by the bureau and containing allinformation and certification requirements required by the bureau.
As added by P.L.89-1996, SEC.2.
IC 9-14-3.5-13
Resale or redisclosure of information
Sec. 13. (a) An authorized recipient of personal information,except a recipient under section 10(11) or 10(12) of this chapter, mayresell or re-disclose the information for any use allowed undersection 10 of this chapter, except for a use under section 10(11) or10(12) of this chapter.
(b) An authorized recipient of a record under section 10(11) ofthis chapter may resell or re-disclose personal information for anypurpose.
(c) An authorized recipient of personal information underIC 9-14-3-6 and section 10(12) of this chapter may resell orre-disclose the personal information for use only in accordance withsection 10(12) of this chapter.
(d) Except for a recipient under section 10(11) of this chapter, arecipient who resells or re-discloses personal information is requiredto maintain and make available for inspection to the bureau, uponrequest, for at least five (5) years, records concerning:
(1) each person that receives the information; and
(2) the permitted use for which the information was obtained.
As added by P.L.89-1996, SEC.2. Amended by P.L.39-2000, SEC.6;P.L.1-2006, SEC.159.
IC 9-14-3.5-14
Adoption of rules
Sec. 14. The bureau may adopt rules under IC 4-22-2 to carry outthis chapter.As added by P.L.89-1996, SEC.2.
IC 9-14-3.5-15
Violations
Sec. 15. A person requesting the disclosure of personalinformation from bureau records who knowingly or intentionallymisrepresents the person's identity or makes a false statement to thebureau on an application required to be submitted under this chaptercommits a Class C misdemeanor.
As added by P.L.89-1996, SEC.2.