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Driver Information ...
What You CAN and
CAN’T Do With It
Driver InformaƟon:
What You CAN and
CAN'T Do With It
Presented by:
Donna M. McKenna
MAlA VP of CommunicaƟons &
Registry Liaison
FDPPA
x
Information contained in RMV records is protected by the provisions of the
Federal Driver Privacy Protection Act.
x
Up until passage of FDPPA, nearly all information maintained by the RMV was
“public record” information. The noted exceptions were social security
numbers, photo images and confidential medical information.
x
The federal government adopted the Federal Driver Privacy Protection Act
(FDPPA), which imposes restrictions on the disclosure of “personal information” contained in motor vehicle records. FDPPA, which went into effect in
1997, limits to whom and for what purpose personal information can be
disclosed.
x
Under FDPPA, “personal information” is broadly defined. Personal
information includes not only those items that the RMV has treated as
“personal” in the past but also information that historically has been
considered public.
x
The most significant change in this area is that under FDPPA, personal
information includes: Name, Address and Driver License Number
x
Although FDPPA expands what is categorized as personal information, not all
information maintained by the RMV falls within this classification. A record of
driving offenses, accident record information, and most vehicle information
are NOT considered personal information.
x
Under FDPPA, personal information can be disclosed only to certain persons,
and only for certain allowed purposes. As noted, the need to determine the
purpose for which information is being sought represents a significant change
in the way the RMV conducts its business.
x
In general terms, users of RMV information are divided into three categories:
x Mandatory Users
x Permitted Users
x Permitted users with an opt-out option
x
Mandatory Users include:
x Law enforcement, criminal justice agencies, and the courts in carrying
out their official functions;
x Certain motor vehicle related uses necessary to implement several
federal laws (Federal Automobile Information and Disclosure Act, Motor
Vehicle Information and Cost Saving Act, National Traffic and Motor
Vehicle Safety Act of 1966, Anti-Car Theft Act of 1992, and the Clean
Air Act);
x Insurance companies and their authorized agents, for use in
er insurance
in
i
connection with the safe driver
plan or the compulsory motor
w (state law provision); and
ws
vehicle liability insurance laws
x For use by the special insurance fraud investigative unit under M.G.L.
C. 175 § 113H (state law provision).
x
Permitted users include:
x Government agencies, or a private person or entity acting on behalf of
a government agency, for use in carrying out its official functions.
x For certain motor vehicle related uses, including motor vehicle safety,
theft, emissions, product advisories, performance monitoring, motor
vehicle marketing research, and maintenance of ownership records by
manufacturers;
x For use in the normal course of business by a legitimate business, but
only
x To verify the accuracy of personal information submitted by the
individual
x If not correct, to obtain correct information, but only for the purpose of
preventing fraud, pursuing legal remedies, or recovering on a debt or
security interest.
x For use in connection with legal proceedings including service of
process, investigation in anticipation of litigation, and the execution or
enforcement of judgments or orders, or pursuant to a court order;
x For research activities, and for producing statistical reports, so long as
the personal information is not published, re-disclosed, or used to
contact the individual;
x For use by any insurer or insurance support organization, or by a selfinsured entity, or its agents, employees, or contractors, in connection
with claims investigation activities, anti-fraud activities, rating or
underwriting.
x For use in providing notice to the owners of towed or impounded
vehicles;
x For use by an employer or its agent or insurer to verify information
relating to a commercial driver license (CDL) holder under the commercial vehicle safety act of 1986;
x For use by licensed private detectives, but only for uses specifically
permitted under the FDPPA.
x
Penalties for FDPPA Violations
The requirements of the DPPA must be taken seriously, since violations can
result in significant penalties.
x Under the federal law, a state may be subject to a civil penalty of up to
$5,000 per day, for each day of substantial noncompliance;
x A person who knowingly obtains, discloses or uses personal information
for purposes not permitted under DPPA, may be liable to the individual
to whom the information relates. In any such action, the court may
award the greater of actual damages or $2,500 punitive damages upon
proof of willful or reckless disregard of the law, and attorneys’ fees and
costs.
x Because this provision applies to a person who knowingly discloses
x information in violation of the statute (as well as someone who
improperly obtains such information), it is important that all those with
access to records take their responsibilities under the FDPPA very
seriously.
x Any person who misrepresents his or her identity or makes false
statements in order to obtain personal information in violation of the
FDPPA may be subjected to criminal prosecution, resulting in a fine,
imprisonment, or both.
x
Responding to questions/requests under the FDPPA, you can NO LONGER
automatically respond to questions from your insured’s like:
x There is an abandoned vehicle that’s been on my street for a week.
The plate is 123ABC. Who does it belong to?”
x My car was just side-swiped outside in the parking lot. Luckily, I was
able to get the plate number; it’s 123ABC. Can you tell me who the
owner is?”
x
Responding to questions/requests in both of these examples, it would be
improper for you to disclose the requested information, without first
establishing the qualifications of the requestor as a permitted user under the
FDPPA. This means, you must verify who the requestor is; and whether his
reason for wanting the information is allowed under FDPPA. It is highly
unlikely that the requestors above could satisfy the standards of the FDPPA.
Therefore, their request would have to be denied.
x
As a starting point in determining whether a particular disclosure of
information is allowed, you should ask yourself the following two questions:
x “Am I dealing with the person to who the information relates (data
subject) or with a third party?
x
The FDPPA does not place any restriction on the disclosure of personal
information to the individual to whom the information relates (example: John
Smith requests information about himself). Therefore, once the person has
been identified as the data subject, the requested information may be
provided.
x
As a result, the practice which has evolved (but was never intended to be
permitted by the RMV) of releasing information to employers (or prospective
employers) on drivers would be considered a redisclosure of personal
information.
x
Redisclosure of personal information by an insurance agent would still require
that the requester be a permitted user and would impose upon the agent the
additional requirement of retaining records for a 5-year period.
x Am I being asked for ‘personal’ or ‘non-personal’ information?
x
Only the disclosure of “personal” information is restricted by the FDPPA.
x
For purposes of the FDPPA, personal information means: information that
identifies an individual, including an individual’s photograph, social security
number, driver identification number, name, address, telephone number, and
medical or disability information.
x
Personal information does not include information on:
x Vehicular accidents
x Driving violations (including citation information)
x Driver’s status
x Vehicle-specific information (which does not identify an individual)
x Company or business information (which does not identify an
individual)
x
The Agent’s Role under the provisions of the FDPPA, insurance agents fall
into the category of “permitted users.” Agent access to driver records is
limited, however, to:
x C. 123, s. 2721 (b), (6) - for use by an insurer or insurance support
organization or by a self-insured entity, or its agents, employees, or
contractor, in connection with claims investigation activities, anti-fraud
activities, rating or underwriting; or
x C. 123, s. 2721 (b), (9) - for use by an employer or its agent or insurer
to obtain or verify information to a holder of a commercial driver’s
license that is required under the commercial motor vehicle safety act
of 1986 (49 U.S.C. App. 2710 et. Seq)
x
Use of personal information by anyone (including an insurance agent) for any
other purpose would be governed by:
x C. 123, s. 2727, (c ) - resale or redisclosure—an authorized recipient of
personal information (except a recipient under subsection (b) (11) or
(12)) may resell or redisclose the information only for a use permitted
under subsection (b) (but not for uses under subsection (b) (11) or
(12)). An authorized recipient under subsection (b) (11) may resell or
redisclose personal information for any purpose. An authorized
recipient under subsection (b) (12) may resell or redisclose personal
information pursuant to subsection (b) (12).
x
Any authorized recipient (except a recipient under subsection (b) (11)) that
resells or rediscloses personal information covered by this title must keep for
a period of 5 years records identifying each person or entity that received
information and the permitted purpose for which the information will be used
and must make such records available to the motor vehicle department upon
request.
x
Redisclosure of personal information by an insurance agent would still require
that the requester be a permitted user and would impose upon the agent the
additional requirement of retaining records for a 5-year period.
x
Does that mean it’s okay to redisclose the information? Well, no, because
access to RMV records in Massachusetts is also governed by state law.
x
Insurance companies and their agents are granted access to RMV information
as part of the enabling legislation for the Merit Rating Plan.
Your Access to ALARS
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Insurance companies and their agents are granted access to RMV information
as part of the enabling legislation for the merit rating plan.
x
Chapter 6C Massachusetts Department of Transportation
x Section 57A. Motor Vehicle Insurance Merit Rating Board
x (A) there shall be within the Registry of Motor Vehicles a motor vehicle
insurance Merit Rating Board, in this section called the board. The
board shall consist of the Registrar of Motor Vehicles, who shall serve
as chair, the Commissioner of Insurance and the Attorney General or a
designee. The board shall appoint a Director, who shall not be subject
to chapter 31.
The board shall formulate and administer a plan for compiling,
gathering and disseminating information, operator records and
histories and such other data as it deems necessary or appropriate
pertaining to motor vehicle accidents, claims under motor vehicle
policies and motor vehicle violations in order to facilitate the
implementation and operation of the safe driver insurance plan
provided in section 113B of chapter 175.
x (B) the plan shall include a system for gathering and maintaining the
information provided for in subsection (a) and for its prompt and
efficient dissemination to insurance companies making inquiry with
respect to the motor vehicle accident, motor vehicle insurance claim
and motor vehicle violation record of any owner or operator insured by
or applying for insurance from such insurer.
x These records and data disseminated by the plan shall be used
exclusively for motor vehicle insurance purposes and criminal law
enforcement purposes. Whoever disseminates or uses records or data
disseminated under the plan in violation of this section shall be
punished by a fine of not more than $1,000 for each offense or by
imprisonment for not more than 1 year, or both.
Use of Online Information
x
State Law Provisions
x Use of SDIP on-line information by insurance agents
x “Motor vehicle insurance purposes” is interpreted to mean use of
ALARS for rating, underwriting and claims investigation
Use of Online Information
Private Passenger Auto and Other Personal Insurance
Personal auto underwriting/rating
Absolutely!
Give to policyholder:
His/her own record?
Record of household member?
Record of listed operator?
Information on another operator
Involved in an accident?
Positively!
No Problem!
Sure Thing!
Of Course!
Personal umbrella underwriting?
You Wish!
Boat policy underwriting?
Dream On!
No Way!
Commercial Auto Uses
Commercial auto rating/underwriting?
Certainly!
Claims investigation?
You Bet!
Individual driving records to employer
or prospective employer?
No Way!
No How!
Can employer/prospective employer get
Driving records for individuals?
Yes!
How?
The RMV
Go to the RMV On-Line Branch where you can request two types of driving
Records:
Unattested Driving Record – primarily for personal or informational purposes.
This record can be accessed at the end of the online transaction. The cost is
$6.
x True and Attested Driving Record – primarily used for official and court
purposes – certified with Registrar’s signature – mailed only to the record
holder. The cost is $20.
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QuesƟons and Answers
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You may reach me by phone at 800.972.9312
or 508.634.2900 or you may email at [email protected]