[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3365 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3365

To amend title 18, United States Code, to protect the personal privacy 
  and safety of licensed drivers, taking into account the legitimate 
                   needs of government and business.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 1993

  Mr. Moran (for himself, Mr. Frank of Massachusetts, Ms. Pelosi, Mr. 
Towns, Mr. Scott, Ms. Byrne, and Mrs. Morella) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to protect the personal privacy 
  and safety of licensed drivers, taking into account the legitimate 
                   needs of government and business.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Driver's Privacy Protection Act of 
1993''.

SEC. 2. PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION BY 
              STATES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 121 the following:

 ``CHAPTER 123--PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION 
                               BY STATES

``Sec.
``2721. Prohibition on release of certain personal information by 
                            States.
``2722. Additional unlawful acts.
``2723. Penalties and remedies.
``2724. Effect on State and local law.
``2725. Definitions.
``Sec. 2721. Prohibition on release of certain personal information by 
              States
    ``(a) In General.--It shall be unlawful for any person or other 
entity to disclose personal information derived from an individual's 
motor vehicle records to any other person or entity, other than to the 
individual, except as permitted under this chapter.
    ``(b) Exceptions.--Personal information referred to in subsection 
(a) of this section may be disclosed for any of the following uses:
            ``(1) For use by any Federal or State court in carrying out 
        its functions.
            ``(2) For use by any Federal or State agency in carrying 
        out its functions.
            ``(3) For use in connection with matters of automobile and 
        driver safety, including manufacturers of motor vehicles 
        conducting a recall of motor vehicles.
            ``(4) For use in the normal course of business by a 
        legitimate business (including an insurer or insurance support 
        organization) or its agents or employees or contractors, but 
        only--
                    ``(A) to verify the accuracy of personal 
                information submitted by the individual to the 
                business; and
                    ``(B) if such information as so submitted was not 
                correct, to obtain the correct information, but only 
                for the purpose of pursuing remedies against an 
                individual who provided false information or presented 
                a check or similar item that was not honored.
            ``(5) For use in any civil or criminal proceeding in any 
        Federal or State court.
            ``(6) For use in research activities, if the motor vehicle 
        department determines that such personal information will not 
        be used to solicit the individual and that the individual is 
        not identified or associated with the requested information.
            ``(7) For use in marketing activities, if the motor vehicle 
        department--
                    ``(A) has provided in a clear and conspicuous 
                manner to the individual an opportunity to prohibit 
                such disclosure;
                    ``(B) has received assurances that the information 
                will be used, rented, or sold solely for a permissible 
                use under this chapter, including marketing activities; 
                and
                    ``(C) has received assurances that each entity that 
                sells or uses the information so obtained keeps 
                complete records identifying each purpose for which the 
                information is used and each organization that receives 
                the information.
            ``(8) For purposes of reselling the personal information 
        for a permissible use under paragraph (7) of this subsection, 
        but only if each person or other entity that sells or uses the 
        information so obtained keeps complete records identifying--
                    ``(A) each purpose for which the information is 
                used; and
                    ``(B) each person or other entity that receives the 
                information.
            ``(9) For use by any insurer or insurance support 
        organization, or its employees, agents, and contractors, but 
        only in connection with claims investigation activities or 
        antifraud activities.
    ``(c) Waiver Procedures.--(1) Each State shall establish and carry 
out procedures under which--
            ``(A) an individual to whom the information pertains may 
        authorize the agency to disclose such information; and
            ``(B) any motor vehicle department of the State may enter 
        into an agreement with any business (including an insurer or 
        insurance support organization) or its agents, employees, or 
        contractors, based upon a certification that the business has 
        obtained or will have obtained consent from the individual to 
        whom the information pertains, to obtain requested personal 
        information from such department.
    ``(2) Any State department of motor vehicles, upon receiving a 
request for personal information referred to in subsection (a) of this 
section, other than for a use referred to in subsection (b) of this 
section, shall, if such request is not accompanied by a waiver in 
accordance with paragraph (1) of this subsection, mail, within 10 days 
following the receipt of such request, a copy of that request to the 
individual concerning whom the personal information was requested 
informing such individual of the request, together with a statement to 
the effect that such information will not be released unless the 
individual waives such individual's right to confidentiality under this 
section.
``Sec. 2722. Additional unlawful acts
    ``(a) Procurement for Unlawful Purpose.--It shall be unlawful for 
any person knowingly to obtain or use personal information, derived 
from a motor vehicle record, for any purpose not described in section 
2721(b) of this title.
    ``(b) False Representations; Unlawful Distribution.--It shall be 
unlawful for any person to make any false representation to obtain or 
use any personal information derived from an individual's motor vehicle 
record.
``Sec. 2723. Penalties and remedies
    ``(a) Willful Violations by Non-Governmental Entities.--Any person 
or other entity (other than a State or agency thereof) that willfully 
violates this chapter shall be fined under this title or imprisoned not 
more than 1 year, or both.
    ``(b) Nonwillful Violations by Non-Governmental Entities.-- Any 
person or other entity (other than a State or agency thereof) that 
violates this chapter shall be subject to a civil penalty in an amount 
not to exceed $5,000.
    ``(c) Violation by Governmental Entities.--If a State or agency 
thereof willfully violates this chapter, the State shall be subject to 
a civil penalty in the amount of $10,000. Each day of continued 
noncompliance by the State shall constitute a separate violation.
``Sec. 2724. Effect on State and local law
    ``A State or local government may prohibit conduct that is 
permitted in the exceptions set forth in section 2721(b) of this title.
``Sec. 2725. Definitions
    ``As used in this chapter--
            ``(1) the term `personal information' means an individual's 
        name, address, telephone number, social security number, 
        driver's identification number, medical and disability 
        information, photograph, or other information that identifies a 
        particular individual;
            ``(2) the term `State' includes the District of Columbia, 
        Puerto Rico, and any other possession or territory of the 
        United States; and
            ``(3) the term `motor vehicle record information' means--
                    ``(A) information about who is licensed to drive 
                vehicles on the public highways, including any personal 
                information about the licensed driver that is 
                maintained as part of, or is associated with, a listing 
                of who is so licensed;
                    ``(B) registration information about a motor 
                vehicle; and
                    ``(C) information about violations of traffic laws 
                and similar information kept about a licensed driver in 
                connection with the operations of a governmental 
                authority that controls such licensing.''.
    (B) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 121 the following new item:

``123. Prohibition on Release of Certain Personal               2721''.
                            Information by States.

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