[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1589 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1589

  To amend title 18, United States Code, to prohibit any State motor 
vehicle department from disclosing certain personal information about a 
              person doing business with such department.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 26 (legislative day, October 13), 1993

Mrs. Boxer (for herself, Mr. Warner, Mr. DeConcini, Mrs. Feinstein, Mr. 
 Wofford, Ms. Moseley-Braun, Mr. Metzenbaum, Mrs. Murray, Mr. Harkin, 
 Ms. Mikulski, and Mr. Feingold) introduced the following bill; which 
  was read twice and referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to prohibit any State motor 
vehicle department from disclosing certain personal information about a 
              person doing business with such department.

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

SECTION 1. SHORT TITLE; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Driver's Privacy 
Protection Act of 1993''.
    (b) Purpose.--The purpose of this Act is to protect the personal 
privacy and safety of licensed drivers consistent with the legitimate 
needs of business and government.

SEC. 2. AMENDMENT TO TITLE 18, UNITED STATES CODE.

    Title 18 of the United States Code is amended by inserting 
immediately after chapter 121, the following new chapter:

 ``CHAPTER 122--PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION

``Sec. 2720. Prohibition on release of certain personal information.
``Sec. 2721. Unlawful use of personal information.
``Sec. 2722. Definitions.
``Sec. 2723. Penalties.
``Sec. 2724. Effect on State and local laws.
``Sec. 2720. Prohibition on release of certain personal information
    ``(a) Disclosure.--It is unlawful for any department of motor 
vehicles of any State or any other person or organization to disclose 
or obtain, except as authorized by this chapter, personal information 
about any individual obtained by such department in connection with a 
motor vehicle operator's permit, motor vehicle title, identification 
card, or motor vehicle registration issued by the department to that 
individual, unless such individual has authorized such disclosure.
    ``(b) Exceptions.--It is not unlawful to disclose or obtain 
personal information, otherwise unlawful under this chapter, for any of 
the following routine uses if the person receiving such information has 
certified to the Department that the information will be used only for 
one of the specified permissible purposes:
            ``(1) For the use of any Federal, State or local court in 
        carrying out its functions.
            ``(2) For the use of any Federal, State or local agency in 
        carrying out its functions, including a law enforcement agency.
            ``(3) For the use in connection with matters of automobile 
        and driver safety, including manufacturers of motor vehicles 
        conducting a recall of motor vehicles.
            ``(4) For the use in any civil or criminal proceeding in 
        any Federal, State or local court, if such proceeding involves 
        a motor vehicle.
            ``(5) For use in research activities, if the motor vehicle 
        department determines that such information will not be used to 
        contact the individual and that individual is not identified or 
        associated with the requested personal information.
            ``(6) For use in marketing activities if the motor vehicle 
        department--
                    ``(A) has provided the individual with regard to 
                whom the information is requested with the opportunity, 
                in a clear and conspicuous manner, to prohibit a 
                disclosure of such information for marketing 
                activities;
                    ``(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 from any person 
                purchasing such information from a motor vehicle 
                department for marketing purposes that such person will 
                keep complete records identifying any person to whom 
                they sell or rent the information and the permissible 
                purpose for which the purchaser will use the 
                information.
            ``(7) For use by any insurer or insurance support 
        organization, or their employees, agents, and contractors, in 
        connection with claims investigation activities and antifraud 
        activities.
            ``(8) For use by any organization, or its agent, in 
        connection with a business transaction, when the purpose is to 
        verify the accuracy of personal information submitted to that 
        business or agent by the person to whom such information 
        pertains, or, if the information submitted is not accurate, to 
        obtain correct information for the purpose of pursuing remedies 
        against a person who provided false information or presented a 
        check or similar item that was not honored.
            ``(9)(A) For use by any organization, if such organization 
        has certified that it has obtained a statement from the person 
        to whom the information pertains authorizing the disclosure of 
        such information under this chapter in accordance with an 
        agreement entered into pursuant to subparagraph (B).
            ``(B) Any motor vehicle department of a State is authorized 
        to enter into an agreement with any organization under 
        subparagraph (A) pursuant to which the motor vehicle department 
        may subsequently release information to that organization on 
        the basis of a certification that the entity has obtained or 
        will have obtained consent from the individual to whom the 
        information pertains to obtain such personal information from 
        the State motor vehicle department.
``Sec. 2721. Unlawful use of personal information
    ``(a) Unlawful Acts by State Motor Vehicle Departments, 
Organizations or Persons.--It is unlawful for any State motor vehicle 
department or organization or person to disclose, sell or otherwise 
make available, or use personal information about any individual 
referred to in section 2720 except in accordance with this chapter.
    ``(b) Unlawful Acts by Persons or Organizations.--It is unlawful 
for any person or organization--
            ``(1) to make any false representation to obtain personal 
        information from a department of motor vehicles of any State or 
        other person about any individual referred to in section 2720; 
        or
            ``(2) to use personal information obtained from any 
        department of motor vehicles of any State or other person for 
        any purpose other than as requested by that person or 
        organization, or other than the purpose for which such 
        information was disclosed.
    ``(c) Exception.--The prohibition referred to in subsection (a) of 
section 2720 and subsections (a) and (b) of this section shall not 
apply to any person to whom the information pertains.
``Sec. 2722. Definitions
    ``As used in this chapter:
            ``(1) The term `personal information' includes an 
        individual's photograph, driver's identification number, name, 
        address, telephone number, social security number, and medical 
        and disability information. Such term does not include 
        information on vehicular accidents, driving violations, and 
        driver's status.
            ``(2) The term `person' means any individual.
            ``(3) The term `State' means each of the several States, 
        District of Columbia, Commonwealth of Puerto Rico, Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands.
            ``(4) The term `organization' means any person other than 
        an individual, including but not limited to, a corporation, 
        association, institution, a car rental agency, employer, and 
        insurers, insurance support organization, and their employees, 
        agents, or contractors.
``Sec. 2723. Penalties
    ``(a) Willful Violations.--
            ``(1) Any person who willfully violates this chapter shall 
        be fined under this title, or imprisoned for a period not 
        exceeding 12 months, or both.
            ``(2) Any organization who willfully violates this chapter 
        shall be fined under this title.
    ``(b) Nonwillful Violations.--Any person or organization who 
violates this chapter, other than a willful violation, shall be subject 
to a civil penalty in an amount not to exceed $5,000.
    ``(c) Violations by State Department of Motor Vehicles.--Any State 
department of motor vehicles which willfully violates this chapter 
shall be subject to a civil penalty in the amount of $10,000. Each day 
of continued noncompliance shall constitute a separate violation.
``Sec. 2724. Effect on State and local laws
    ``The provisions of this chapter shall supersede only those 
provisions of law of any State or local government which would require 
or permit the disclosure or use of personal information which is 
otherwise prohibited by this chapter.''.
    Sec. 3. The amendments made by this Act shall take effect upon the 
expiration of the 270-day period following the date of its enactment.

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