ASSEMBLY, No. 1649
STATE OF NEW JERSEY
INTRODUCED MARCH 4, 1996
By Assemblywoman HECK and Assemblyman BAGGER
An Act concerning the confidentiality of certain information about motor vehicle owners and supplementing chapter 3 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act, "personal information" means information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address, telephone number, and medical or disability information.
b. The Division of Motor Vehicles may release personal information only if authorized to do so under the provisions of this act.
c. The following persons and agencies are authorized to receive personal information:
(1) Persons authorized in writing by the person to whom the information pertains.
(2) Persons authorized by court order.
(3) Federal, state or local governmental agencies for use in fulfilling legitimate governmental or law enforcement purposes.
(4) When authorized by regulation adopted by the director, with the approval of the Commissioner of Transportation pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), for credit transactions, the issuance or renewal of policies of insurance, consumer product recalls, the reporting or litigation of claims involving motor vehicles, news reporting by a representative of the news media who holds valid press credentials, or the lawful business needs of persons licensed pursuant to the provisions of "The Private Detective Act," P.L.1939, c.369 (C.45:19-8 et seq.).
(5) When authorized by regulation adopted by the director, with the approval of the Commissioner of Transportation pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), for other lawful business or private purposes, provided the director provides, through a check-off box on license and registration applications, an opportunity for the licensee or registrant to prohibit the use of his personal information for these purposes. The division shall not release personal information of a person who declines such use by means of the check-off procedure.
2. a. The division shall maintain reasonable procedures designed to avoid violations of this act. These procedures shall require that prospective users of personal information identify themselves, certify the purposes for which the information is sought and certify that the information will be used for no other purpose. The division shall make a reasonable effort to verify the identity of a new prospective user of personal information and the uses certified by the prospective user prior to furnishing the information. The division shall not furnish any personal information to any person or agency if it has reasonable grounds for believing that the information will be used for a purpose or by a person not authorized under this act.
b. Any person who (1) knowingly seeks to obtain personal information in violation of the provisions of section 1 of this act, (2) fails to exercise due care to determine that a request for personal information is authorized pursuant to subsection a. of this section, or (3) requests through fraud or misrepresentation personal information shall be liable to a civil penalty of not more than $2,000. The penalty shall be collected and enforced in summary proceedings pursuant to "the penalty enforcement law," (N.J.S.2A:58-1 et seq.). The action shall commence in the Superior Court in the name of the State upon the complaint of the director or the Attorney General. In addition to the civil penalty imposed pursuant to this subsection, a public officer or employee who knowingly violates the provisions of this act shall be subject to appropriate disciplinary sanctions.
3. The Director of the Division of Motor Vehicles shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.
4. This act shall take effect on the first day of the fifth month after enactment, except that section 3 shall take effect immediately.
STATEMENT
Currently, a person may obtain the name and address of a driver by submitting the driver's license plate number to the Division of Motor Vehicles (DMV) and paying a fee of $8. The provision of this information to persons without a legitimate need for it has led to serious abuses.
This bill limits the public availability of this information through the DMV, thus providing a measure of confidentiality to drivers who do not wish their identities or addresses to be known to strangers. Under the bill, such information would be released only to certain requesters for specified reasons, including: (1) those given written permission by the registrant; (2) those authorized by court order; (3) governmental agencies, including police, for legitimate governmental or law enforcement purposes, and (4) those persons authorized by regulation adopted by the Commissioner of Transportation for certain lawful business and private purposes, including credit transactions, insurance policies, product recalls, news reporting and private detective work.
A fine of up to $2,000 is provided for persons who violate the act's provisions. In addition, public employees who violate the act would be subject to disciplinary measures.
Provides for confidentiality of certain motor vehicle information.