601 KAR 2:020. Drivers' privacy protection.

601 KAR 2:020. Drivers' privacy protection.

RELATES TO: KRS 61.874, 61.878(5), 187.310, 18 U.S.C. 2721

STATUTORY AUTHORITY: KRS 187.300(1), 18 U.S.C. 2721

NECESSITY, FUNCTION, AND CONFORMITY: KRS 187.300(1) requires the cabinet to promulgate administrative regulations to implement KRS Chapter 187. KRS 187.310 requires the cabinet to furnish, upon request, an abstract of the operating record of a person subject to KRS 187.290 to 187.620. 18 USC 2721 mandates the information which can and cannot be included in information sold or otherwise distributed about motor vehicle operators or owners. This administrative regulation establishes the circumstances and conditions governing the distribution or sale of personal information.

Section 1. Definition. "Personal information" means information that identifies an individual including the following:

(1) Name;

(2) Address, excluding the zip code;

(3) Social Security number;

(4) Date of birth;

(5) Driver identification number;

(6) Telephone number;

(7) Photograph; and

(8) Medical or disability information.

Section 2. A person’s driver’s license photo or computerized image, Social Security number, or medical or disability information from a motor vehicle record, driver’s license or permit, motor vehicle registration, or identification document shall not be disseminated except for:

(1) Use by a government agency including a 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;

(2) Use in connection with a civil, criminal, administrative, or arbitral proceeding in a federal, state, or local court or agency or before a self-regulatory body, including the 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;

(3) Use by an insurer or insurance support organization, or by a self-insured entity, or its agents, employee, or contractor, in connection with claims investigation activities, antifraud activities, rating, or underwriting; or

(4) Use by employer, or its agents 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 of 1986, 49 USC 31301 through 31317.

Section 3. (1) In the Driver Licensing Computer Information System, the following shall not be considered personal information:

(a) Driver status; and

(b) Violation or conviction of a traffic law.

(2) The information included in the Driver Licensing Computer System shall not be distributed or sold contrary to KRS 187.310.

Section 4. Required Disclosures. (1) Personal information referred to in Section 1 or 2 of this administrative regulation shall be disclosed in accordance with subsection (2) of this section for use in connection with:

(a) Matters of motor vehicle or driver safety and theft;

(b) Motor vehicle emissions;

(d) Performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; or

(e) Removal of nonowner records from the original owner records of motor vehicle manufacturers.

(2) The disclosure of this information shall be to carry out the provisions of the:

(a) Federal Automobile Information Disclosure Act, 15 USC 1231 et seq.;

(b) Motor Vehicle Information and Cost Saving Act, 15 USC 1901 et seq.;

(d) Anticar Theft Act of 1992, 15 USC 2021 et seq.;

(e) Clean Air Act, 42 USC 7401 et seq., as amended; and

(f) All statutes and agency administrative regulations enacted or adopted pursuant to the authority of, or to attain compliance with, the federal Acts listed in paragraphs (a) through (e) of this subsection.

Section 5. Personal information in the Driver Licensing Computer Information System or the Automated Vehicle Information System, including personal information relating to the owner of a boat, shall not be released except for the following reasons:

(1) For use by a government agency, including a 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;

(2) For use in connection with matters relating to the following:

(a) Motor vehicle or driver safety;

(b) Motor vehicle theft;

(d) Motor vehicle product alterations, recalls, or advisories;

(e) Performance monitoring of motor vehicles, motor vehicle parts, or dealers; or

(f) Removal of nonowner 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 agent, employee, or contractor, but only:

(a) To verify the accuracy of personal information submitted by the individual to the business or its agent, employee, or contractor; or

(b) If the submitted information is not correct or is no longer correct, to obtain the correct information, in order to prevent fraud by pursuing legal remedies against or recovering on a debt or security interest against the individual;

(4) For use in connection with a civil, criminal, administrative, or arbitral proceeding in a federal, state, or local court or agency or before a self-regulatory body, including the 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) If the personal information is not published, redisclosed, or used to contact an individual, for use in:

(a) Research activities; or

(b) Producing statistical reports;

(6) For use by an insurer or insurance support organization, or by a self-insured entity, or its agent, employee, or contractor, in connection with claims investigation activities, antifraud activities, rating, or underwriting;

(7) For use in providing notice to the owner of a towed or impounded vehicle;

(8) For use by a licensed investigative agency or licensed security service for a purpose permitted under this section;

(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 of 1986, 49 USC 31301 through 31317;

(10) For use in connection with operation of a private toll transportation facility.

Section 6. Disclosure with Consent. Personal information referred to in Sections 1 and 2 of this administrative regulation may be disclosed to any requestor, if the requestor provides a written statement of consent that has been notarized, from the person who is the subject of the information being requested.

Section 7. A person wishing pursuant to Section 5 of this administrative regulation to obtain a record which includes personal information, shall complete one (1) of the following or its preapproved electronic equivalent:

(1) If the record is in the Driver Licensing Computer Information System:

(a) Transportation Cabinet form TC 94-1, "Request for Driver Licensing Record(s) which Includes Personal Information"; or

(b) Transportation Cabinet form TC 10-300, "Agreement Relating to Driver Licensing, Motor Vehicle or Boat Records"; or

(2) If the record is in the Automated Vehicle Information System:

(a) Transportation Cabinet form TC 96-16, "Request for Motor Vehicle or Boat Record which Includes Personal Information"; or

(b) Transportation Cabinet form TC 10-300, "Agreement Relating to Driver Licensing, Motor Vehicle or Boat Records".

Section 8. Retention of Records. A form completed pursuant to Section 7 of this administrative regulation shall be retained by the agency or office providing the record containing personal information for a minimum of two (2) years.

Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) Transportation Cabinet form TC 94-1 "Request for Driver Licensing Record(s) which Includes Personal Information" effective July 1998;

(b) Transportation Cabinet form TC 96-16 "Request for Motor Vehicle or Boat Record which Includes Personal Information" effective July 1998; and

(c) Transportation Cabinet form TC 10-300, "Agreement Relating to Driver Licensing, Motor Vehicle or Boat Records" effective July 2000.

(2) This material may be inspected, copied, or obtained from the following offices within the Transportation Cabinet, Monday through Friday, 8 a.m. to 4:30 p.m.:

(a) TC 96-16 from the Department of Vehicle Regulation, Division of Motor Vehicle Licensing, 501 High Street, Frankfort, Kentucky 40622;

(b) TC 94- 1 from the Department of Vehicle Regulation, Division of Driver Licensing, 501 High Street, Frankfort, Kentucky 40622; and

(c) TC 10-300 from the Department of Administrative Services, 501 High Street, Frankfort, Kentucky 40622. (24 Ky.R. 2784; Am. 25 Ky.R. 352; 565; eff. 9-1-98; 26 Ky.R. 2313; 27 Ky.R. 493; eff. 8-14-2000.)