Uniform Motor Vehicle Records Disclosure Act

(Tenn. Code Ann. § 55-25-101 et seq.)

55-25-101. Short title.

This chapter shall be known and cited as the “Uniform Motor Vehicle Records Disclosure Act.”

55-25-102. Purpose.

The purpose of this chapter is to implement the federal Drivers' Privacy Protection Act of 1994 (“DPPA”) (Title XXX of Public Law 103-322) in order to protect the interest of individuals in their personal privacy of prohibiting the disclosure and use of personal information contained in their motor vehicle records, except as authorized by such individuals or by law.

55-25-103. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

(1) “Department” means the department of safety, the department of revenue and the county clerk's office when acting as an agent of such departments, or the duly authorized agents or contractors thereof, responsible to compile and maintain motor vehicle records;

(2) “Disclose” means to engage in any practice or conduct to make available and make known personal information contained in a motor vehicle record about a person to any person, organization or entity, by any means of communication;

(3) “Express consent” means consent in writing, including consent conveyed electronically that bears an electronic signature as defined in Title 15 U.S.C. § 7006(5);

(4) “Highly restricted personal information” means an individual’s photograph or image, social security number, medical or disability information;

(5) “Individual record” is a motor vehicle record containing personal information about a designated person who is the subject of the record as identified in a request;

(6) “Motor vehicle record” means any records that pertain to a motor vehicle operator's or driver license or permit, motor vehicle registration, motor vehicle title, or identification document issued by a department of safety, or other state or local agency authorized to issue any of such forms of credentials;

(7) “Person” means an individual, organization or entity, but does not include this state or an agency of this state;

Exhibit B – Page 1

(8) “Personal information” means information that identifies a person, including an individual's photograph, or computerized image, social security number, driver identification number, name, address excluding the five-digit zip code, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations, and driver license or registration status; and

(9) “Record” includes all books, papers, photographs, photostats, cards, films, tapes, recordings, electronic data, printouts or other documentary materials regardless of physical form or characteristics.

55-25-104. Disclosure of personal information prohibited.

Notwithstanding any other provision of law to the contrary, except as provided in §§ 55-25-105 — 55-25-107—55-25-108[repealed], the department, and any officer, employee, agent or contractor thereof, shall not disclose personal information about any person obtained by the department in connection with a motor vehicle record.

55-25-105. Disclosure for safety, environmental, and federal compliance purposes. [Amendment contingent on funding by the federal selective service system.]

(a) Personal information referred to in § 55-25-104 shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Federal Automobile Information Disclosure Act, 15 U.S.C. § 1231 et seq., the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. § 1901 et seq., the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. § 1381 et seq., the Anti-Car Theft Act of 1992, 15 U.S.C. § 2021 et seq., and the Clean Air Act, 42 U.S.C. § 7401 et seq., as amended, and all statutes and agency regulations enacted or adopted pursuant to the authority of, or to attain compliance with, such acts of congress.

(b) Personal information referred to in § 55-25-104 shall be disclosed for use in connection with matters concerning the federal selective services system.

55-25-106. Consent.

Personal information referred to in § 55-25-104 may be disclosed to any requesting person, if such person demonstrates, in such form and manner as the department prescribes, that such person has obtained the written consent of the person who is the subject of the information.

55-25-107. Disclosure for certain purposes.

(a) The department, or any officer, employee, or contractor thereof, shall not knowingly disclose or otherwise make available to any person or entity:

(1) Personal information about any individual obtained by the department in connection with a motor vehicle record, except as provided in this section; or

(2) Highly restricted personal information about any individual obtained by the department in connection with a motor vehicle record, without the express consent of the person to whom such information applies, except uses permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9): provided, however, that this subdivision (a)(2) shall not in any way affect the administration of organ donation information initiatives in this state.

(b) Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of Titles I and IV of the federal Anti Car Theft Act of 1992, the Automobile Information Disclosure Act found in Title 15 U.S.C. § 1231 et seq., the federal Clean Air Act of 1992 compiled in 42 U.S.C. § 7401 et seq., and 49 U.S.C. § 30101 et seq., 30501 et seq., 32101 et seq.-33101 et seq., and, subject to subdivison (a)(2), may be disclosed as follows:

(1) By any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state or local agency in carrying out its functions;

(2) In connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers;

(3) In the normal course of business by a legitimate business or its agents, employees, or contractors, but only;

(A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and

(B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.

(4) In connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any 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) In research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals;

(6) By any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting;

(7) In providing notice to the owners of towed or impounded vehicles;

(8) By any licensed private investigative agency or licensed security service for any purpose permitted under this subsection;

(9) 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 Title 49 U.S.C. §§ 31301 et seq.;

(10) In connection with the operation of private toll transportation facilities;

(11) For any other use in response to requests for individual motor vehicle records if the state has obtained the express consent of the person to whom such personal information pertains;

(12) In bulk distribution for surveys, marketing or solicitations if the state has obtained the express consent of the person to whom such personal information pertains;

(13) By any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains; and,

(14) For any other use specifically authorized under the law of this state, if such use is related to the operation of a motor vehicle or public safety.

(c) An authorized recipient of personal information (except a recipient under subsection (b)(11) or (12)) may resell or redisclose the information only for use permitted under subsection (b) (but not for uses under subsection (b)(11) or (b)(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). Any authorized recipient (except a recipient under subsection (b)(11) that resells or rediscloses personal information covered by this section must keep for a period of 5 years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and must make such records available to the Department of Revenue or the Department of Safety upon request.

(d) The Department of Revenue or the Department of Safety may establish and carry out procedures under which the department or its agents, upon receiving a request for personal information that does not fall within one of the exceptions in subsection (b) above, may mail a copy of the request to the individual about whom the information was requested, informing such individual of the request, together with a statement to the effect that the information will not be released unless the individual waives their right to privacy under this section.

(e) Under no circumstances may the Department or Revenue or the Department of Safety condition or burden in any way the issuance of an individual’s motor vehicle record to obtain express consent for the disclosure of such record. Nothing in this subsection (e) shall be construed to prohibit the Department of Revenue or the Department of Safety from charging an administrative fee for issuance of a motor vehicle record.

(f) Motor vehicle records, personal information, or highly restricted personal information shall be disclosed to any person by the Department of Revenue or the Department of Safety upon proof of the identity of the person requesting the record or information and representation by such person that the use of the personal information will be strictly limited to one (1) or more of the permitted uses described in this section.

(g) Before issuing motor vehicle records, personal information, or highly restricted personal information, the Department of Revenue or the Department of Safety may require any person, federal, state, or local governmental agency requesting such information, or each of the requesting entity’s contractors, officers or individuals in the employ of such person or governmental agency that will have access to such information, to execute a confidentiality agreement stating that the recipient, or the recipient’s contractor, officer or employee, as the case may be, will comply with the confidentiality provisions of this section and will limit the use of such information to those uses specifically permissible under this section.

(h) No person, governmental agency, or contractor, officer or employee thereof who receives information under this section shall disclose such information to any person other than the person to whom it relates, except as otherwise may be authorized by the provisions of this section or other applicable law.

55-25-108. [Repealed]

55-25-109. Ascertainment of requesting party's identity.

The department may, prior to disclosure of personal information as permitted under §§ 55-25-105 — 55-25-107 and 55-25-108 [repealed] require the meeting of conditions by requesting the person for the purposes of obtaining reasonable assurance concerning the identity of such requesting person, and, to the extent required, that the use will be only as authorized, or the consent of the person which is the subject of the information has been obtained. These conditions may include, but need not be limited to, the making and filing of written application in such form and containing any information and certification requirements as the department may prescribe.

55-25-110. [Repealed]

55-25-111. Rules and regulations.

The department is authorized to adopt administrative regulations to carry out the purposes of this chapter. The regulations may include procedures under which the department, upon receiving a request for personal information that is not subject to disclosure in accordance with the exception provisions of §§ 55-25-105 — 55-25-107 and 55-25-108 [repealed], may mail a copy of such request to each individual who is the subject of the information, informing each such individual of the request, together with a statement to the effect that disclosure is prohibited and will not be made unless the individual affirmatively elects to waive such individual's right to privacy under this chapter.

55-25-112. Penalty for violations.

Any person requesting the disclosure of personal information from department records who misrepresents that person's identity or makes a false statement to the department on any application required to submit pursuant to this chapter commits a Class C misdemeanor, punishable only by a fine not to exceed one thousand dollars ($1,000).