SENATE, No. 1302

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 13, 1996

 

 

By Senators HAINES, SACCO, Ciesla, Singer, Cardinale and Adler

 

 

An Act concerning motor vehicle records and supplementing chapter 2 of Title 39 of the Revises Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. As used in this act:

    “Director” means the Director of the Division of Motor Vehicles in the Department of Transportation.

    “Division” means the Division of Motor Vehicles in the Department of Transportation.

    “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 the Division of Motor Vehicles.

    “Person” means an individual, organization or entity, but does not include the State or a political subdivision thereof.

    “Personal information” means information that identifies an individual, including an individual’s photograph; social security number; driver identification number; name; address other than the five-digit zip code; telephone number; and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver’s status.

 

    2. a. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) or any other law to the contrary, except as provided in subsection b. of this section, the Division of Motor Vehicles and any officer, employee or contractor thereof shall not knowingly disclose or otherwise make available to any person personal information about any individual obtained by the division in connection with a motor vehicle record.

    b. Personal information 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 the Automobile Information Disclosure Act, Pub.L.85-506, the Motor Vehicle Information and Cost Saving Act, Pub.L.92-513, the National Traffic and Motor Vehicle Safety Act of 1966, Pub.L.89-563, the Anti-Car theft Act of 1992, Pub.L.102-519, and the Clean Air Act, Pub.L.88-206, and 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 the 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 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 for automotive-related purposes, 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 the “Commercial Motor Vehicle Safety Act,” 49 U.S.C.App.§2710 et seq..

    (10) For use in connection with the operation of private toll transportation facilities.

    (11) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.

    (12) For bulk distribution for surveys, marketing or solicitations for automotive-related purposes if the division has implemented methods and procedures to ensure that:

    (a) individuals are provided an opportunity, in 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.

    c. A person authorized to receive personal information under paragraphs (1) through (11) of subsection b. of this section may resell or disclose the personal information only for a use permitted by paragraphs (1) through (11) of subsection b. of this section.

    A person authorized to receive personal information under paragraph (12) of subsection b. of this section may resell or redisclose personal information only as provided in paragraph (12) of subsection b. of this section.

    d. Any person authorized to receive personal information under this section who resells or discloses personal information covered by the provisions of this act shall keep records identifying each person or entity that receives information and the permitted purpose for which the information will be used for a period of five years and must make such records available to the division upon request.

 

    3. A person who knowingly obtains or discloses personal information from a motor vehicle record for any use not permitted under section 2 of P.L. , c. (C. ) (now before the Legislature as this bill) is guilty of a disorderly persons offense.

 

    4. A person who makes a false representation to obtain any personal information from an individual’s motor vehicle record shall be guilty of a disorderly persons offense.

 

    5. a. A person who knowingly obtains, discloses or uses personal information from a motor vehicle record for a purpose not permitted under this act shall be liable to the individual to whom the information pertains, who may bring a civil action in the Superior Court.

    b. 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 attorney’s fees and other litigation costs reasonably incurred; and

    (4) such other preliminary and equitable relief as the court determines to be appropriate.

 

    6. This act shall take effect September 13, 1997, but the Director of the Division of Motor Vehicles is authorized to take any action in advance as shall be necessary to implement the provisions of this act.

 

 

STATEMENT

 

    This bill would implement the provisions of the federal “Driver’s Privacy Protection Act of 1994,” Pub.L.103-202, which prohibits States from disclosing personal information contained in motor vehicle records except under certain circumstances.

    This bill would prohibit the Division of Motor Vehicles (DMV) from disclosing personal information except 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.

    The bill further authorizes the DMV to disclose personal information in 12 circumstances, including, in part:

    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 Sate or local agency in carrying out its functions;

    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;

    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 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; and

    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,” 49 U.S.C.App.§2710 et seq.

    Personal information is defined as any information that identifies an individual, including an individual’s photograph; social security number; driver identification number; name; address other than the five-digit zip code; telephone number; and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver’s status. Motor vehicle record is defined to include any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration, or identification card issued by the DMV.

    A person authorized to receive personal information under the act would be able to resell or disclose the personal information only for a use permitted under the act. The bill further requires that a person authorized to receive personal information who resells or rediscloses personal information covered by the act must keep records identifying each person or entity that receives the information and the permitted purpose for which the information will be used for a period of five years and must make those records available to the DMV upon request.

    The bill provides penalties for unauthorized disclosure of personal information. A person who knowingly obtains or discloses personal information would be guilty of a disorderly persons offense. A person who makes a false representation to obtain any personal information from an individual’s motor vehicle record would be guilty of a disorderly persons offense. A disorderly persons offense is punishable by a term of imprisonment not to exceed six months or a fine not to exceed $1,000 or both. 

    Finally, the bill provides that a person who knowingly obtains, discloses or uses personal information from a motor vehicle record for a purpose not permitted under the act shall be liable to the individual to whom the information pertains for civil damages.

    The bill would take effect September 13,1997, as required by federal law, but would authorize the Director of the Division of Motor Vehicles to take any action in advance of that date necessary to implement the provisions of the act.               

                             

Implements federal “Driver’s Privacy Protection Act."