Substitute Senate Bill No. 999
Substitute Senate Bill No. 999
PUBLIC ACT NO. 97-266
AN ACT CONCERNING COMPLIANCE WITH THE FEDERAL
DRIVER'S PRIVACY PROTECTION ACT.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 14-10 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) FOR THE PURPOSES OF THIS SECTION:
(1) "DISCLOSE" MEANS TO ENGAGE IN ANY PRACTICE
OR CONDUCT TO MAKE AVAILABLE AND MAKE KNOWN, BY
ANY MEANS OF COMMUNICATION, PERSONAL INFORMATION
CONTAINED IN A MOTOR VEHICLE RECORD PERTAINING TO
AN INDIVIDUAL TO ANY OTHER INDIVIDUAL,
ORGANIZATION OR ENTITY;
(2) "MOTOR VEHICLE RECORD" MEANS ANY RECORD
WHICH PERTAINS TO AN OPERATOR'S LICENSE, LEARNER'S
PERMIT, IDENTITY CARD, REGISTRATION, CERTIFICATE
OF TITLE OR ANY OTHER DOCUMENT ISSUED BY THE
DEPARTMENT OF MOTOR VEHICLES;
(3) "PERSONAL INFORMATION" MEANS INFORMATION
WHICH IDENTIFIES AN INDIVIDUAL AND INCLUDES AN
INDIVIDUAL'S PHOTOGRAPH OR COMPUTERIZED IMAGE,
SOCIAL SECURITY NUMBER, OPERATOR'S LICENSE NUMBER,
NAME, ADDRESS OTHER THAN THE ZIP CODE, TELEPHONE
NUMBER, OR MEDICAL OR DISABILITY INFORMATION, BUT
DOES NOT INCLUDE INFORMATION ON MOTOR VEHICLE
ACCIDENTS OR VIOLATIONS, OR INFORMATION RELATIVE
TO THE STATUS OF AN OPERATOR'S LICENSE,
REGISTRATION OR INSURANCE COVERAGE; AND
(4) "CONSENT" MEANS A WRITTEN AUTHORIZATION
SIGNED BY THE INDIVIDUAL WHO IS THE SUBJECT OF
PERSONAL INFORMATION WHICH SPECIFICALLY GRANTS
PERMISSION TO THE DEPARTMENT TO RELEASE SUCH
INFORMATION TO THE REQUESTING PARTY.
[(a)] (b) A number shall be assigned to each
motor vehicle registration and operator's license
and a record of all applications for motor vehicle
registrations and operators' licenses issued shall
be kept by the commissioner at [his] THE main
office OF THE DEPARTMENT OF MOTOR VEHICLES. NOT
LATER THAN JULY 1, 1998, EACH FORM FOR THE
ISSUANCE OR RENEWAL OF A MOTOR VEHICLE
REGISTRATION, OPERATOR'S LICENSE OR IDENTITY CARD
SHALL CONTAIN A CONSPICUOUS STATEMENT AS FOLLOWS:
"NOTICE:
PERSONAL INFORMATION COLLECTED BY THE DEPARTMENT
OF MOTOR VEHICLES MAY NOT BE DISCLOSED TO ANY
PERSON MAKING A REQUEST FOR A MOTOR VEHICLE RECORD
IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION
(c) OR (d) OF SECTION 14-10 OF THE GENERAL
STATUTES UNLESS YOU INDICATE YOUR CONSENT TO
DISCLOSURE. DO YOU WISH TO ALLOW DISCLOSURE UNDER
SUCH CIRCUMSTANCES? YES ( ) NO ( )"
[(b)] (c) (1) All records of the Department of
Motor Vehicles pertaining to the application for
registration, and the registration, of motor
vehicles of the current or previous three years
shall be [open to public inspection at the main
office of the commissioner during office hours, in
accordance with the provisions of this subsection]
MAINTAINED BY THE COMMISSIONER AT THE MAIN OFFICE
OF THE DEPARTMENT. Any such records over three
years old may be destroyed [in] AT the discretion
of the commissioner. (2) Before disclosing [the
name, address or registration number of] PERSONAL
INFORMATION PERTAINING TO an applicant or
registrant from such MOTOR VEHICLE records or
allowing the inspection of any such record
containing such [a name, address or number]
PERSONAL INFORMATION IN THE COURSE OF ANY
TRANSACTION CONDUCTED AT SUCH MAIN OFFICE, the
commissioner shall ASCERTAIN WHETHER THE
INDIVIDUAL WHO IS THE SUBJECT OF THE REQUEST HAS
ELECTED TO ALLOW DISCLOSURE AND require the person
or entity making the request to (A) complete an
application which shall be on a form prescribed by
the commissioner, [and include the person's full
name and residential address,] (B) provide two
forms of acceptable identification and (C) pay a
fee of fifteen dollars to the commissioner IN
ADDITION TO ANY FEE REQUIRED UNDER SECTION 14-50a.
An attorney-at-law admitted to practice in this
state may [disclose] PROVIDE his juris number to
the commissioner in lieu of the requirements of
subparagraph (B) of this subdivision. [The
commissioner shall mail a notice of such
application to the applicant or registrant who is
the subject of the request. The notice shall
contain the name and address of the person making
the request. The commissioner shall make such
disclosure or permit such inspection at least
seven days after the date of receipt of the
completed application, identification and fee. The
provisions of this subdivision shall not apply to
a federal, state or local agency, including any
court or law enforcement agency in carrying out
its functions, or a private person or entity
acting on behalf of a federal, state or local
agency in carrying out its functions.] THE
COMMISSIONER MAY DISCLOSE SUCH PERSONAL
INFORMATION OR PERMIT THE INSPECTION OF SUCH
RECORD CONTAINING SUCH INFORMATION ONLY IF THE
INDIVIDUAL WHO IS THE SUBJECT OF THE REQUEST HAS
ELECTED TO ALLOW DISCLOSURE.
[(c)] (d) The commissioner [shall not] MAY
disclose [operator license information] PERSONAL
INFORMATION FROM A MOTOR VEHICLE RECORD PERTAINING
TO AN OPERATOR'S LICENSE or [driver] A DRIVING
history or permit the inspection or copying of any
SUCH record OR HISTORY containing such information
[or history, except at the request of (1) any
federal, state or local agency, including any
court or law enforcement agency in carrying out
its functions, (2) any private person or entity
acting on behalf of a federal, state or local
agency in carrying out its functions or (3) any
person or entity who supplies the name and correct
address of the operator about whom he seeks such
information or history. Such disclosure,
inspection or copying shall be at the main office
of the commissioner] IN THE COURSE OF ANY
TRANSACTION CONDUCTED AT THE MAIN OFFICE OF THE
DEPARTMENT ONLY IF THE INDIVIDUAL WHO IS THE
SUBJECT OF THE REQUEST HAS ELECTED TO ALLOW
DISCLOSURE. Any such records over five years old
may be destroyed [in] AT the discretion of the
commissioner.
[(d) Notwithstanding the provisions of
subsections (b) and (c) of this section, if] (e)
IN THE EVENT (1) a federal court judge, federal
court magistrate or judge of the Superior Court,
Appellate Court or Supreme Court of the state, (2)
a member of a municipal police department or a
member of the Division of State Police within the
Department of Public Safety, (3) an employee of
the department of correction, or (4) an
attorney-at-law who represents or has represented
the state in a criminal prosecution submits a
written request and furnishes his business address
to the commissioner, such business address only
shall be disclosed or available for public
inspection, to the extent authorized by this
section.
[(e) The provisions of this section shall not
apply to registration, license information or
driver history furnished pursuant to a contract
entered into by the commissioner with any person,
firm, labor union or nonprofit organization who
satisfies the commissioner that the information is
properly required in connection with the conduct
of such entity's business or activity.]
(f) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTIONS (c) AND (d) OF THIS SECTION, THE
COMMISSIONER OR ANY PERSON CONTRACTING WITH THE
DEPARTMENT MAY DISCLOSE PERSONAL INFORMATION FROM
A MOTOR VEHICLE RECORD TO (1) ANY FEDERAL, STATE
OR LOCAL GOVERNMENT AGENCY IN CARRYING OUT ITS
FUNCTIONS OR TO ANY INDIVIDUAL OR ENTITY ACTING ON
BEHALF OF ANY SUCH AGENCY, OR (2) ANY INDIVIDUAL,
ORGANIZATION OR ENTITY WHICH SIGNS AND FILES WITH
THE COMMISSIONER, UNDER PENALTY OF FALSE STATEMENT
AS PROVIDED IN SECTION 53a-157b, A STATEMENT ON A
FORM APPROVED BY THE COMMISSIONER, TOGETHER WITH
SUCH SUPPORTING DOCUMENTATION OR INFORMATION AS
THE COMMISSIONER MAY REQUIRE, THAT SUCH
INFORMATION WILL BE USED FOR ANY OF THE FOLLOWING
PURPOSES:
(A) 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 NONOWNER RECORDS FROM
THE ORIGINAL OWNER RECORDS OF MOTOR VEHICLE
MANUFACTURERS TO IMPLEMENT THE PROVISIONS OF THE
FEDERAL AUTOMOBILE INFORMATION DISCLOSURE ACT, 15
USC 1231 ET SEQ., THE MOTOR VEHICLE INFORMATION
AND COST SAVING ACT, 15 USC 1901 ET SEQ., THE
NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT OF
1966, 15 USC 1381 ET SEQ., ANTI-CAR THEFT ACT OF
1992, 15 USC 2021 ET SEQ., AND THE CLEAN AIR ACT,
42 USC 7401 ET SEQ., AS AMENDED FROM TIME TO TIME,
AND ANY PROVISION OF THE GENERAL STATUTES ENACTED
TO ATTAIN COMPLIANCE WITH SAID FEDERAL ACTS;
(B) IN THE NORMAL COURSE OF BUSINESS BY THE
REQUESTING PARTY, BUT ONLY TO CONFIRM THE ACCURACY
OF PERSONAL INFORMATION SUBMITTED BY THE
INDIVIDUAL TO THE REQUESTING PARTY;
(C) IN CONNECTION WITH ANY CIVIL, CRIMINAL,
ADMINISTRATIVE OR ARBITRAL PROCEEDING IN ANY COURT
OR GOVERNMENT AGENCY OR BEFORE ANY SELF-REGULATORY
BODY, INCLUDING THE SERVICE OF PROCESS, AN
INVESTIGATION IN ANTICIPATION OF LITIGATION AND
THE EXECUTION OR ENFORCEMENT OF JUDGMENTS AND
ORDERS, OR PURSUANT TO AN ORDER OF ANY COURT
PROVIDED THE REQUESTING PARTY IS A PARTY IN
INTEREST TO SUCH PROCEEDING;
(D) 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 MOTOR VEHICLE PARTS AND
DEALERS, MOTOR VEHICLE MARKET RESEARCH ACTIVITIES
INCLUDING SURVEY RESEARCH, AND REMOVAL OF NONOWNER
RECORDS FROM THE ORIGINAL OWNER RECORDS OF MOTOR
VEHICLE MANUFACTURERS, PROVIDED THE PERSONAL
INFORMATION IS NOT PUBLISHED, DISCLOSED OR USED TO
CONTACT INDIVIDUALS EXCEPT AS PERMITTED UNDER
SUBPARAGRAPH (A) OF THIS SUBDIVISION;
(E) BY ANY INSURER OR INSURANCE SUPPORT
ORGANIZATION OR BY A SELF-INSURED ENTITY OR ITS
AGENTS, EMPLOYEES OR CONTRACTORS, IN CONNECTION
WITH THE INVESTIGATION OF CLAIMS ARISING UNDER
INSURANCE POLICIES, ANTI-FRAUD ACTIVITIES, RATING
OR UNDERWRITING;
(F) IN PROVIDING ANY NOTICE REQUIRED BY LAW TO
OWNERS OR LIENHOLDERS NAMED IN THE CERTIFICATE OF
TITLE OF TOWED, ABANDONED OR IMPOUNDED MOTOR
VEHICLES;
(G) BY AN EMPLOYER OR ITS AGENT OR INSURER TO
OBTAIN OR VERIFY INFORMATION RELATING TO A HOLDER
OF A PASSENGER ENDORSEMENT OR COMMERCIAL DRIVER'S
LICENSE REQUIRED UNDER THE FEDERAL COMMERCIAL
MOTOR VEHICLE SAFETY ACT OF 1986, 49 USC 2304 ET
SEQ., AND SECTIONS 14-44 TO 14-44m, INCLUSIVE;
(H) IN CONNECTION WITH ANY LAWFUL PURPOSE OF A
LABOR ORGANIZATION, AS DEFINED IN SECTION 31-77,
PROVIDED (i) SUCH ORGANIZATION HAS ENTERED INTO A
CONTRACT WITH THE COMMISSIONER, ON SUCH TERMS AND
CONDITIONS AS THE COMMISSIONER MAY REQUIRE, AND
(ii) THE INFORMATION WILL BE USED ONLY FOR THE
PURPOSES SPECIFIED IN THE CONTRACT OTHER THAN
CAMPAIGN OR POLITICAL PURPOSES;
(I) FOR BULK DISTRIBUTION FOR SURVEYS,
MARKETING OR SOLICITATIONS PROVIDED THE
COMMISSIONER HAS ENTERED INTO A CONTRACT WITH THE
REQUESTING INDIVIDUAL, ORGANIZATION OR ENTITY
UNDER THE PROVISIONS OF SUBSECTION (b) OF SECTION
14-50a AND THE DEPARTMENT OF MOTOR VEHICLES HAS
IMPLEMENTED METHODS AND PROCEDURES WHICH ENSURE
THAT (i) INDIVIDUALS ARE PROVIDED AN OPPORTUNITY,
IN A CLEAR AND CONSPICUOUS MANNER, TO PROHIBIT
SUCH USES, AND (ii) THE INFORMATION WILL BE USED
ONLY FOR THE PURPOSES SPECIFIED IN THE CONTRACT,
AND SUCH SURVEYS, MARKETING AND SOLICITATIONS WILL
NOT BE DIRECTED TO ANY INDIVIDUAL WHO HAS
REQUESTED IN A TIMELY MANNER THAT SUCH MATERIAL
NOT BE DIRECTED TO HIM.
(g) ANY PERSON RECEIVING PERSONAL INFORMATION
FROM A MOTOR VEHICLE RECORD PURSUANT TO SUBSECTION
(f) OF THIS SECTION SHALL BE ENTITLED TO USE SUCH
INFORMATION FOR ANY OF THE PURPOSES SET FORTH IN
SAID SUBSECTION.
(h) NOTWITHSTANDING ANY PROVISION OF THIS
SECTION, THE DISCLOSURE OF PERSONAL INFORMATION
FROM A MOTOR VEHICLE RECORD PURSUANT TO SUBSECTION
(f) OF THIS SECTION SHALL BE SUBJECT TO THE
PROVISIONS OF SECTION 14-50a CONCERNING (1) THE
FEES WHICH SHALL BE CHARGED FOR COPIES OF OR
INFORMATION PERTAINING TO MOTOR VEHICLE RECORDS
AND (2) THE AUTHORITY OF THE COMMISSIONER TO
ESTABLISH FEES FOR INFORMATION FURNISHED ON A
VOLUME BASIS IN ACCORDANCE WITH SUCH TERMS AND
CONDITIONS REGARDING THE USE AND DISTRIBUTION OF
SUCH INFORMATION AS THE COMMISSIONER MAY
PRESCRIBE.
(i) NOTWITHSTANDING ANY PROVISION OF THIS
SECTION WHICH RESTRICTS OR PROHIBITS THE
DISCLOSURE OF PERSONAL INFORMATION FROM A MOTOR
VEHICLE RECORD, THE COMMISSIONER MAY DISCLOSE
PERSONAL INFORMATION CONTAINED IN ANY SUCH RECORD
TO ANY INDIVIDUAL WHO IS THE SUBJECT OF SUCH
PERSONAL INFORMATION OR TO ANY PERSON WHO
CERTIFIES UNDER PENALTY OF FALSE STATEMENT THAT HE
HAS OBTAINED THE CONSENT OF THE SUBJECT OF SUCH
PERSONAL INFORMATION.
(j) THE COMMISSIONER MAY ADOPT REGULATIONS IN
ACCORDANCE WITH CHAPTER 54 TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
Sec. 2. This act shall take effect July 1,
1997.
Approved June 26, 1997