SENATE TRANSPORTATION COMMITTEE
STATEMENT TO
SENATE, No. 1302
with committee amendments
STATE OF NEW JERSEY
DATED: NOVEMBER 18, 1996
The Senate Transportation Committee favorably reports Senate Bill No. 1302 with committee amendments.
This bill, as amended, would implement the provisions of the federal “Drivers' 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 amended 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. Persons or entities requesting public information including personal information are required to properly identify themselves.
The bill further authorizes the DMV to disclose personal information in 11 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, State 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;
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; 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.
The release of personal information shall not include an individual's social security number except in accordance with applicable State or federal law.
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, driver's license, 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 redisclose the personal information only for a use permitted under the act, subject to regulation by the DMV. 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 for a period of five years identifying each person or entity that receives the information and the permitted purpose for which the information will be used 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 from a motor vehicle record for a use not permitted under the act 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.
The committee amended the bill to include a driver's license as part of a motor vehicle record, to require persons or entities requesting public information including personal information to properly identify themselves, to eliminate the requirement that research activities and reports must be for "automotive-related purposes" in order to be a permitted use, to eliminate the provision permitting use by any licensed private investigative agency or licensed security service as a permitted use, as well as to eliminate the paragraph concerning bulk distribution for surveys, marketing and solicitations. The amendments further provide that product and service mail communications from automotive-related manufacturers, dealers and businessmen are a permitted use. A person authorized to receive personal information under paragraphs (1) through (11) of subsection b. of section 2 may resell or redisclose the personal information only for a use permitted by these paragraphs, subject to regulation by the DMV. Finally, the amendments provide that the release of personal information shall not include an individual's social security number except in accordance with applicable State or federal law.