Drivers Privacy Protection Act of 1994 (DPPA)


Jurisdiction of this law:
USA

Type of Rule:
Law

Popular name:
Drivers Privacy Protection Act of 1994 (DPPA)

Official name:
Drivers Privacy Protection Act of 1994 (DPPA)

Other names:
The DPPA is contained within Title XXX, Section 300001 (Protection Of Privacy Of Information In State Motor Vehicle Records) of 103 H.R. 3355, the Violent Crime Control and Law Enforcement Act of 1994

For more information:
Text of the act:
 http://thomas.loc.gov/cgi-bin/query/F?c103:7:./temp/~c103czFV3n:e936594:

Web page from Cornell University:
 http://www4.law.cornell.edu/uscode/18/2721.html

Electronic Privacy Information Center (EPIC) DPPA page:
http://www.epic.org/privacy/drivers/

How to Read a Privacy Policy, from ConsumerPrivacyGuide.org:
http://www.consumerprivacyguide.org/howto/readpp.shtml



Description:
This law puts limits on disclosures of personal information in records maintained by departments of motor vehicles.

The following definition is from ConsumerPrivacyGuide.org:
"Congress passed the Driver's Privacy Protection Act as an amendment to the Omnibus Crime Act of 1994; it restricts the public disclosure of personal information contained in state department of motor vehicle ("DMV") records. While Driver's Privacy Protection Act generally prohibits DMV officials from knowingly disclosing personallyentifiable information contained in department records, it delineates several broad exceptions. In January of 2000, the Supreme Court unanimously upheld the Act in the case of Reno v. Condon. The Court held that personal,entifying information from drivers' licenses and motor vehicle registrations is a "thing in interstate commerce" that can be regulated by Congress like any other commodity."

The DPPA limits the use of a driver's motor vehicle record to certain purposes. These purposes are defined in 18 U.S.C. Sec. 2721:

• Legitimate government agency functions.

• Use in matters of motor vehicle safety, theft, emissions, product recalls.

• Motor vehicle market research and surveys.

• "Legitimate" business needs in transactions initiated by the individual to verify accuracy of personal information.

• Use in connection with a civil, criminal, administrative or arbitral proceeding.

• Research activities and statistical reports, so long as personal information is not disclosed or used to contact individuals.

• Insurance activities.

• Notice for towed or impounded vehicles.

• Use by licensed investigators or security service.

• Use by private toll transportation facilities.

• In response to requests for individual records if the State has obtained express consent from the individual.

• For bulk marketing distribution if State has obtained express consent from the individual.

• Use by any requestor where the reqestor can show written consent of the individual.

• For any other legitimate State use if it relates to motor vehicle or public safety.


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The site is brought to you in partnership with the Business Intelligence Network

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