SENATE, No. 1589

 

STATE OF NEW JERSEY

 

INTRODUCED OCTOBER 3, 1996

 

 

By Senator SCOTT

 

 

An Act concerning the release of 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 not release, sell or otherwise distribute personal information from its driver license or motor vehicle registration files for any purpose unless such release is explicitly authorized by the licensee or registrant in compliance with this act.

    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. The division shall include with every initial and renewal application for a driver's license or motor vehicle registration, as the case may be, a form which enumerates in writing any personal information on that application that the division proposes to make available and describes the manner in which this information will be used. The form also shall clearly state that this information will be released only if the applicant assents by signing the form, in space provided for that purpose, and returning it to the division.

    c. The division shall not release, sell or otherwise distribute personal information unless it has on file a form bearing the signature of the licensee or registrant obtained pursuant to subsection b. of this section.

    d. 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

 

    This bill is intended to protect the privacy of drivers and motor vehicle owners of this State. The State Treasurer is reportedly considering selling personal information from the Division of Motor Vehicles (DMV) driver and vehicle data base to direct mail advertisers and other commercial interests. The FY 1997 Appropriations Act contains a new revenue item of $11 million from the "sale of the motor vehicle data base."

    This bill would prohibit DMV from releasing personal information from any driver's license or motor vehicle registration without the written consent of the licensee or registrant. Under the terms of the bill, DMV would be required to provide applicants for a driver's license or vehicle registration with a written description of any personal information it wished to release and to describe the purposes for which this information would be used. No information could be released by DMV until the applicant returned a signed form indicating assent.

    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 written assent for release of personal information by DMV.