Why is the DPPA important to employers? Because of the DPPA, state DMVs must restrict the use of personal information contained in driver records to those uses allowed by the Federal DPPA. The DPPA also defines criminal penalties and civil liability for violations.
Can I use driver records to market? No. The latest amendment to the DPPA requires states to get permission from individuals before their personal motor vehicle record may be sold or released to third-party marketers. If an individual has not affirmatively consented to the release of a motor vehicle record, the DPPA limits sharing of information once it is obtained, and statistics show that very few people elect to have their name added to the list.
What personal information must be kept private? The Drivers Privacy Protection Act requires all States to protect the privacy of personal information contained in an individual’s motor vehicle record. This information includes the driver’s name, address, phone number, Social Security Number, driver identification number, photograph, height, weight, gender, age, certain medical or disability information, and in some states, fingerprints. It does not include information concerning a driver’s traffic violations, license status or accidents.
Do states expand on the Federal DPPA requirements? The DPPA, like many other privacy statutes, provides a federal baseline of protections for individuals. States must comply with the minimum requirements of the DPPA, but state legislatures may pass laws to supplement or increase the protections made by the DPPA. Many state adaptations are more restrictive than the federal rules.
Where can I find my state rules and requirements regarding Motor Vehicle Records and privacy? Unfortunately, there is no uniform method for codifying the DPPA in each state, and there are many variations. The best approach is to ask your state DMV or your attorney.
