This Policy clarifies when and under what circumstances the personal information contained in a person’s motor vehicle record is subject to disclosure.
State law requires the State to obtain consent before the disclosure of photographs or imaged likenesses of persons to whom licenses, permits or non-driver identification cards have been issued, except under certain circumstances.
State law also
(a) prohibits the disclosure of an individual’s Social Security Number;
(b) exempts from disclosure lists of names when disclosure would violate a person’s right to privacy; and
(c) requires notice of a security breach when there is the unauthorized disclosure of an individual's first name or first initial and last name in combination with the individual’s motor vehicle operator's license number or non-driver identification card number.
** No personal information, other than citizenship or immigration status, will be shared with federal immigration authorities unless there is law enforcement, public safety, or officer safety reason to do so that is not related to the enforcement of federal civil immigration law.**
Personal information shall be disclosed 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 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.
Personal information may be disclosed for use by any government agency, including any court or law enforcement agency, in carrying out its functions or by any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions.
Personal information may 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, 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.
Personal information may be disclosed for use in the normal course of business by a legitimate business or its agents, employees, or contractors in the normal course of business ONLY:
- to verify the accuracy of personal information submitted by the individual to the business; AND
- 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 or recovering on a debt or security interest against the individual.
Personal information may be disclosed 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-regulating body, including:
- the service of process;
- investigation in anticipation of litigation;
- the execution or enforcement of judgments and orders; OR
- pursuant to an order of a Federal, State or local court.
Personal information may be disclosed 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.
Personal information may be disclosed 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.
Personal information may be disclosed for use in providing notice to the owners of towed or impounded vehicles.
Personal information may be disclosed for use by a licensed private investigative agency or licensed security service for any purpose permitted under this law.
Personal information may be disclosed 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.
Personal information may be disclosed for use in connection with the operation of private toll transportation facilities.
Personal information may be disclosed for use by any requester if the requester demonstrates that it has obtained written consent of the individual to whom the information pertains.
Personal information may be disclosed for any other use specifically authorized under State law if such use is related to the operation of a motor vehicle or public safety.
Verification of Personal Information
DMV will verify identity and residency documents using the following guidelines:
- DMV will attempt to verify identity and residency documents via the primary or issuing source before utilizing federal databases in accordance with DMV’s Fair and Impartial Policing Policy. Reference to the federal Systematic Alien Verification for Entitlements Program (SAVE) and contacting ICE and CBP shall not be utilized for purposes of determining identity or residency.
- DMV staff will refer for investigation only applications where documents appear to be altered or counterfeit or other specific evidence exists that fraud may be occurring. Requests for investigation will be sent to the Chief Inspector only. They will be sent following normal procedures.
Personal Information Collected from Credit/Debit Card Transactions
DMV uses a credit/debit card processing company to process credit/debit card transactions for services, and does not retain, share, store or use personal information for any other purpose except pursuant to a search warrant, subpoena, court order, or investigation of a crime. For making payments using our site, you must provide your name as printed on your credit/debit card, as well as your card type, card number, expiry date, security code, and billing address. DMV uses industry standard safeguards to protect the financial information we collect.
Compliance
- All requests shall be in writing on a form prescribed by the Commissioner of Motor Vehicles. The Commissioner shall condition any release of personal information and photographs or imaged likenesses and require a recipient to:
- Certify personal information and photographs or imaged likenesses will only be used as permitted under DPPA and this policy;
- Certify the personal information will not be used for the purpose of registration of an individual based on his or her personal information in violation of 20 V.S.A. §4651; and
- Subject itself to the jurisdiction of the Washington Superior Court in the event that the conditions are violated.
- DMV employees shall be subject to progressive discipline consistent with the Collective Bargaining Agreement and any other internal DMV policies regarding discipline for violations of this policy.