US (United States) Code. Title 18. Chapter 123: Prohibition on release and use of certain personal information

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure. State motor vehicle records

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  • País: Estados Unidos Estados Unidos
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publicidad

-CITE-

18 USC CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF

CERTAIN PERSONAL INFORMATION FROM STATE

MOTOR VEHICLE RECORDS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL

INFORMATION FROM STATE MOTOR VEHICLE RECORDS

.

-HEAD-

CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL

INFORMATION FROM STATE MOTOR VEHICLE RECORDS

-MISC1-

Sec.

2721. Prohibition on release and use of certain personal

information from State motor vehicle records.

2722. Additional unlawful acts.

2723. Penalties.

2724. Civil action.

2725. Definitions.

AMENDMENTS

1996 - Pub. L. 104-294, title VI, Sec. 604(a)(3), Oct. 11, 1996,

110 Stat. 3506, added analysis.

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18 USC Sec. 2721 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL

INFORMATION FROM STATE MOTOR VEHICLE RECORDS

-HEAD-

Sec. 2721. Prohibition on release and use of certain personal

information from State motor vehicle records

-STATUTE-

(a) In General. - 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:

(1) personal information, as defined in 18 U.S.C. 2725(3),

about any individual obtained by the department in connection

with a motor vehicle record, except as provided in subsection (b)

of this section; or

(2) highly restricted personal information, as defined in 18

U.S.C. 2725(4), about any individual obtained by the department

in connection with a motor vehicle record, without the express

consent of the person to whom such information applies, except

uses permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9):

Provided, That subsection (a)(2) shall not in any way affect the

use of organ donation information on an individual's driver's

license or affect the administration of organ donation

initiatives in the States.

(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 titles I and IV of the Anti Car Theft Act of

1992, the Automobile Information Disclosure Act (15 U.S.C. 1231 et

seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and chapters

301, 305, and 321-331 of title 49, and, subject to subsection

(a)(2), 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 chapter 313 of title 49.

(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 State has obtained the express

consent of the person to whom such personal information pertains.

(12) For bulk distribution for surveys, marketing or

solicitations if the State has obtained the express consent of

the person to whom such personal information pertains.

(13) For use by any requester, if the requester demonstrates it

has obtained the written consent of the individual to whom the

information pertains.

(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 chapter

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.

(e) Prohibition on Conditions. - No State may condition or burden

in any way the issuance of an individual's motor vehicle record as

defined in 18 U.S.C. 2725(1) to obtain express consent. Nothing in

this paragraph shall be construed to prohibit a State from charging

an administrative fee for issuance of a motor vehicle record.

-SOURCE-

(Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994,

108 Stat. 2099; amended Pub. L. 104-287, Sec. 1, Oct. 11, 1996, 110

Stat. 3388; Pub. L. 104-294, title VI, Sec. 604(b)(46), Oct. 11,

1996, 110 Stat. 3509; Pub. L. 106-69, title III, Sec. 350(c), (d),

Oct. 9, 1999, 113 Stat. 1025; Pub. L. 106-346, Sec. 101(a) (title

III, Sec. 309(c)-(e)), Oct. 23, 2000, 114 Stat. 1356, 1356A-24.)

-REFTEXT-

REFERENCES IN TEXT

The Anti Car Theft Act of 1992, referred to in subsec. (b), is

Pub. L. 102-519, Oct. 25, 1992, 106 Stat. 3384. For complete

classification of titles I and IV of the Act to the Code, see

Tables.

The Automobile Information Disclosure Act, referred to in subsec.

(b), is Pub. L. 85-506, July 7, 1958, 72 Stat. 325, as amended,

which is classified generally to chapter 28 (Sec. 1231 et seq.) of

Title 15, Commerce and Trade. For complete classification of this

Act to the Code, see Short Title note set out under section 1231 of

Title 15 and Tables.

The Clean Air Act, referred to in subsec. (b), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-346, Sec. 101(a) (title III, Sec.

309(c)), reenacted heading without change and amended text

generally. Prior to amendment, text read as follows: ''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.''

Subsec. (b). Pub. L. 106-346, Sec. 101(a) (title III, Sec.

309(d)), inserted '', subject to subsection (a)(2),'' before ''may

be disclosed'' in introductory provisions.

Subsec. (e). Pub. L. 106-346, Sec. 101(a) (title III, Sec.

309(e)), added subsec. (e).

1999 - Subsec. (b)(11). Pub. L. 106-69, Sec. 350(c), substituted

''if the State has obtained the express consent of the person to

whom such personal information pertains'' for ''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''.

Subsec. (b)(12). Pub. L. 106-69, Sec. 350(d), substituted ''if

the State has obtained the express consent of the person to whom

such personal information pertains'' for ''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''.

1996 - Subsec. (b). Pub. L. 104-287, Sec. 1(1), in introductory

provisions, substituted ''titles I and IV of the Anti Car Theft Act

of 1992, the Automobile Information Disclosure Act (15 U.S.C. 1231

et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and chapters

301, 305, and 321-331 of title 49'' for ''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''.

Subsec. (b)(9). Pub. L. 104-287, Sec. 1(2), substituted ''chapter

313 of title 49'' for ''the Commercial Motor Vehicle Safety Act of

1986 (49 U.S.C. App. 2710 et seq.)''.

Subsec. (c). Pub. L. 104-294 substituted ''covered by this

chapter'' for ''covered by this title''.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-69, title III, Sec. 350(g)(2), Oct. 9, 1999, 113

Stat. 1025, provided that: ''Subsections (b), (c), and (d)

(amending this section) shall be effective on June 1, 2000,

excluding the States of Arkansas, Montana, Nevada, North Dakota,

Oregon, and Texas that shall be in compliance with subsections (b),

(c), and (d) within 90 days of the next convening of the State

legislature and excluding the States of Wisconsin, South Carolina,

and Oklahoma that shall be in compliance within 90 days following

the day of issuance of a final decision on Reno vs. Condon by the

United States Supreme Court if the State legislature is in session,

or within 90 days of the next convening of the State legislature

following the issuance of such final decision if the State

legislature is not in session.''

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE

Section 300003 of Pub. L. 103-322 provided that: ''The amendments

made by section 300002 (enacting this chapter) shall become

effective on the date that is 3 years after the date of enactment

of this Act (Sept. 13, 1994). 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 (probably

should be section ''300002(a)''), 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.''

SHORT TITLE

Section 300001 of title XXX of Pub. L. 103-322 provided that:

''This title (enacting this chapter) may be cited as the 'Driver's

Privacy Protection Act of 1994'.''

RELATIONSHIP TO OTHER LAW

The Consumer Credit Reporting Reform Act of 1996 (see Short Title

note set out under section 1601 of Title 15, Commerce and Trade)

not to be considered to supersede or otherwise affect this section

with respect to motor vehicle records for surveys, marketing, or

solicitations, see section 2421 of Pub. L. 104-208, set out as a

note under section 1681a of Title 15.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2722 of this title.

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18 USC Sec. 2722 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL

INFORMATION FROM STATE MOTOR VEHICLE RECORDS

-HEAD-

Sec. 2722. Additional unlawful acts

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994,

108 Stat. 2101.)

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18 USC Sec. 2723 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL

INFORMATION FROM STATE MOTOR VEHICLE RECORDS

-HEAD-

Sec. 2723. Penalties

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994,

108 Stat. 2101.)

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18 USC Sec. 2724 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL

INFORMATION FROM STATE MOTOR VEHICLE RECORDS

-HEAD-

Sec. 2724. Civil action

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994,

108 Stat. 2101.)

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18 USC Sec. 2725 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL

INFORMATION FROM STATE MOTOR VEHICLE RECORDS

-HEAD-

Sec. 2725. Definitions

-STATUTE-

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;

(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.

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(4) ''highly restricted personal information'' means an

individual's photograph or image, social security number, medical

or disability information; and

(5) ''express consent'' means consent in writing, including

consent conveyed electronically that bears an electronic

signature as defined in section 106(5) of Public Law 106-229.

-SOURCE-

(Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994,

108 Stat. 2102; amended Pub. L. 106-346, Sec. 101(a) (title III,

Sec. 309(b)), Oct. 23, 2000, 114 Stat. 1356, 1356A-24.)

-REFTEXT-

REFERENCES IN TEXT

Section 106(5) of Public Law 106-229, referred to in par. (5), is

classified to section 7006(5) of Title 15, Commerce and Trade.

-MISC2-

AMENDMENTS

2000 - Pars. (4), (5). Pub. L. 106-346 added pars. (4) and (5).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2721 of this title.

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18 USC PART II - CRIMINAL PROCEDURE 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

.

-HEAD-

PART II - CRIMINAL PROCEDURE

-MISC1-

Chap. Sec.

201. General provisions 3001

203. Arrest and commitment 3041

204. Rewards for information concerning terrorist acts and

espionage 3071

205. Searches and seizures 3101

206. Pen Registers and Trap and Trace Devices (FOOTNOTE 1)

3121

(FOOTNOTE 1) So in original. First word only of item should be

capitalized.

207. Release and detention pending judicial proceedings 3141

208. Speedy trial 3161

209. Extradition 3181

211. Jurisdiction and venue 3231

212. Military extraterritorial jurisdiction 3261

213. Limitations 3281

215. Grand jury 3321

216. Special grand jury 3331

217. Indictment and information 3361

219. Trial by United States magistrate judges 3401

221. Arraignment, pleas and trial 3431

223. Witnesses and evidence 3481

224. Protection of witnesses 3521

225. Verdict 3531

227. Sentences 3551

228. Death sentence 3591

229. Post-Sentence Administration (FOOTNOTE 2) 3601

(FOOTNOTE 2) So in original. Does not conform to chapter

heading and first word only of item should be capitalized.

(231. Repealed.)

232. Miscellaneous Sentencing Provisions (FOOTNOTE 1) 3661

232A. Special forfeiture of collateral profits of crime 3681

233. Contempts 3691

235. Appeal 3731

(237. Repealed.)

AMENDMENTS

2000 - Pub. L. 106-523, Sec. 2(b), Nov. 22, 2000, 114 Stat. 2492,

added item for chapter 212.

1994 - Pub. L. 103-359, title VIII, Sec. 803(c)(1), Oct. 14,

1994, 108 Stat. 3439, substituted ''terrorist acts and espionage''

for ''terrorists acts'' in item for chapter 204.

Pub. L. 103-322, title VI, Sec. 60002(b), Sept. 13, 1994, 108

Stat. 1968, added item for chapter 228.

1988 - Pub. L. 100-702, title IV, Sec. 404(a)(1), Nov. 19, 1988,

102 Stat. 4651, struck out item 237 ''Rules of criminal

procedure''.

1986 - Pub. L. 99-646, Sec. 41(d), Nov. 10, 1986, 100 Stat. 3600,

struck out item for chapter 232 ''Special forfeiture of collateral

profits of crime'' and added item for chapter 232A.

Pub. L. 99-508, title III, Sec. 301(b), Oct. 21, 1986, 100 Stat.

1872, added item for chapter 206.

1984 - Pub. L. 98-533, title I, Sec. 101(b), Oct. 19, 1984, 98

Stat. 2708, added item for chapter 204.

Pub. L. 98-473, title II, Sec. 203(d), 212(b), 1209(a), 1406(b),

Oct. 12, 1984, 98 Stat. 1985, 2011, 2163, 2176, inserted ''and

detention pending judicial proceedings'' in item for chapter 207,

added items for chapters 224, 227, 229, 231, and 232, and struck

out items for former chapters 227 ''Sentence, judgment, and

execution'', 229 ''Fines, penalties and forfeitures'' and 231

''Probation''.

1975 - Pub. L. 93-619, title I, Sec. 102, Jan. 3, 1975, 88 Stat.

2086, added item for chapter 208.

1970 - Pub. L. 91-452, title I, Sec. 101(b), Oct. 15, 1970, 84

Stat. 926, added item for chapter 216.

1968 - Pub. L. 90-578, title III, Sec. 301(c), Oct. 17, 1968, 82

Stat. 1115, substituted ''Trial by United States magistrates'' for

''Trial by commissioners'' in item for chapter 219.

1966 - Pub. L. 89-465, Sec. 5(e)(2), June 22, 1966, 80 Stat. 217,

substituted ''Release'' for ''Bail'' in item for chapter 207.

-CHANGE-

CHANGE OF NAME

''United States magistrate judges'' substituted for ''United

States magistrates'' in item for chapter 219 pursuant to section

321 of Pub. L. 101-650, set out as a note under section 631 of

Title 28, Judiciary and Judicial Procedure.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 48 sections 1424-4, 1614, 1821.

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