ASSEMBLY, No. 2235
STATE OF NEW JERSEY
INTRODUCED JUNE 24, 1996
By Assemblymen AUGUSTINE, KAVANAUGH, Lance, Assemblywoman Murphy, Assemblymen Bagger, DiGaetano, Arnone, Malone, Holzapfel, Assemblywomen Heck, Wright, Bark, Assembymen Roma, Zecker, Blee, LeFevre, Assemblywomen J. Smith, Vandervalk, Assemblymen Moran, Garrett, Gibson, Cottrell, Bucco, Assemblywoman Myers, Assemblymen Kramer, O'Toole, Assemblywoman Crecco, Assemblymen Carroll, Geist, Bateman, DeCroce, Assemblywoman Farragher, Assemblymen Rocco, Stuhltrager, Rooney, Felice, Kelly, Wolfe and Weingarten
An Act concerning the release of certain personal information by the Division of Motor Vehicles 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. The Division of Motor Vehicles shall establish procedures to prevent the release, sale or distribution of personal information pertaining to persons who object to this use of their personal information.
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, but does not include information on vehicular accidents, driving violations, and driver's status.
b. Every initial and renewal application for a driver's license or motor vehicle registration, as the case may be, shall include information explaining the division's practices in releasing personal information. The form shall also contain a box in which the licensee or registrant may enter a check mark to indicate that he declines the release of personal information. The division shall not release, sell or otherwise distribute personal information pertaining to a person who has checked the box.
c. This section shall not apply to the release of personal information to:
(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 Attorney General pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), for lawful purposes related to 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, and 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.).
2. This act shall take effect immediately.
STATEMENT
The Division of Motor Vehicles (DMV) in the Department of Transportation is reportedly planning to sell personal information from its driver and vehicle data base to direct mail advertisers and other commercial interests. Revenue of $11 million from this planned sale has been anticipated in the Governor's recommended budget for FY 1997.
This bill would require DMV to establish a mechanism to allow persons who object to the use of their personnel information for commercial purposes to prevent the release of this information. The bill would require DMV to include in applications for driver's licenses or motor vehicle registration a check-off box in which a motorist could decline the release of personal information. DMV would be prohibited from selling or otherwise distributing the personal information of a person who checked this box on the application.
The bill defines personal information as 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, but does not include information on vehicular accidents, driving violations, and driver's status.
The bill exempts from its provisions personal information released pursuant to court order, required by governmental and law enforcement agencies, and that which is authorized by regulations approved by the Attorney General for lawful purposes related to credit transactions, the issuance of insurance policies, product recalls, news reporting, and the needs of licensed private detectives.
Requires DMV to allow person to decline sale of personal information.