601
KAR 2:020. Drivers' privacy protection.
RELATES
TO: KRS 61.874, 61.878(5), 186.018, 187.310, 411.402, 411.406, 15 U.S.C.
1231-1233, 18 U.S.C. 2721, 42 U.S.C. 7401-7459, 49 U.S.C. 31301-31317
STATUTORY
AUTHORITY: KRS 187.300(1), 187.310(1), 18 U.S.C. 2721
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 187.300(1) authorizes the cabinet to promulgate
administrative regulations to implement KRS Chapter 187. KRS 187.310(1)
requires the cabinet to furnish, upon request, an abstract of the operating
record of a person subject to KRS 187.290 to 187.620. 18 U.S.C. 2721 authorizes
the information that shall and shall not be included in information sold or
otherwise distributed about a motor vehicle operator or owner. This
administrative regulation establishes the circumstances and conditions
governing the distribution or sale of motor vehicle operator or owner personal
information.
Section
1. Definition. "Personal information" means information that
identifies an individual including the following:
(1)
Name;
(2)
Address, excluding the zip code;
(3)
Social Security number;
(4)
Date of birth;
(5)
Driver identification number;
(6)
Telephone number;
(7)
Photograph; and
(8)
Medical or disability information.
Section
2. (1) In the Driver Licensing Computer Information System, the following shall
not be considered personal information:
(a)
Driver status; and
(b)
Violation or conviction of a traffic law.
(2)
The information included in the Driver Licensing Computer System shall not be
distributed or sold except as established in KRS 187.310.
Section
3. Required Disclosures. (1) Personal information referred to in Section 1 or 2
of this administrative regulation shall be disclosed in accordance with
subsection (2) of this section for use in connection with:
(a)
Matters of motor vehicle or driver safety and theft;
(b)
Motor vehicle emissions;
(c)
Motor vehicle product alterations, recalls, or advisories;
(d)
Performance monitoring of motor vehicles or dealers by motor vehicle
manufacturers; or
(e)
Removal of nonowner records from the original owner records of motor vehicle
manufacturers.
(2)
The disclosure of personal information shall be to carry out the provisions of
the:
(a)
Federal Automobile Information Disclosure Act, 15 U.S.C. 1231-1233; or
(b)
Clean Air Act, 42 U.S.C. 7401-7459.
Section
4. Personal information in the Driver Licensing Computer Information System or
the Automated Vehicle Information System including a computerized image, Social
Security number, medical or disability information from a motor vehicle record,
motor vehicle registration, or personal information relating to the owner of a
boat, shall not be released except for the following reasons:
(1)
For use by a government agency, including a court or law enforcement agency, in
carrying out its functions, or a private person or entity acting on behalf of a
federal, state, or local agency in carrying out its functions by submission of
a notarized Transportation Cabinet form TC 96-16G, Request for Motor Vehicle or
Boat Record that Includes Personal Information to be Completed by a
Governmental Agency;
(2)
For use in connection with matters relating to the following:
(a)
Motor vehicle or driver safety;
(b)
Motor vehicle theft;
(c)
Motor vehicle product alterations, recalls, or advisories;
(d)
Performance monitoring of motor vehicles, motor vehicle parts, or dealers;
(e)
Removal of nonowner records from the original owner records of motor vehicle
manufacturers; or
(f)
Theft of motor fuel as established in KRS 411.402, 411.406, and 601 KAR 1:220.
(3)
For use in the normal course of business by a legitimate business or its agent,
employee, or contractor, but only:
(a)
To verify the accuracy of personal information submitted by the individual to
the business or its agent, employee, or contractor; or
(b)
If the submitted information is not correct or is no longer correct, to obtain
the correct information, in order to prevent fraud by pursuing legal remedies
against or recovering on a debt or security interest against the individual;
(4)
For use in connection with a civil, criminal, administrative, or arbitral
proceeding in a federal, state, or local court or agency or before a
self-regulatory body, including the service of process; investigation in
anticipation of litigation; or and the execution or enforcement of judgments
and orders, or pursuant to an order of a federal, state, or local court;
(5)
If the personal information is not published, redisclosed, or used to contact
an individual, for use in:
(a)
Research activities; or
(b)
Producing statistical reports;
(6)
For use by an insurer or insurance support organization or by a self-insured
entity or its agent, employee, or contractor, in connection with claims
investigation activities, antifraud activities, rating, or underwriting;
(7)
For use in providing notice to the owner of a towed or impounded vehicle by
submission of a notarized Transportation Cabinet form TC 96-16T, Request by Towing
and Storage Companies and Creditors in Possession for Motor Vehicle or Board Records
that include Personal Information;
(8)
For use by a licensed investigative agency or licensed security service for a
purpose permitted under this section;
(9)
For use 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
the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. 31301 through 31317;
or
(10)
For use in connection with operation of a private toll transportation facility.
Section
5. Disclosure with Consent. Personal information referred to in Sections 1 and 4
of this administrative regulation shall be disclosed to a requestor that provides
a notarized written statement of consent from the person whose information is requested.
Section
6. A person wishing pursuant to Section 4 of this administrative regulation to
obtain a record for a commercial purpose that includes personal information,
shall submit one (1) of the following forms or its preapproved electronic
equivalent and three (3) dollars for each requested record:
(1)
If the record is in the Driver Licensing Computer Information System,
Transportation Cabinet form TC 94-1E,Request for Driver Licensing Record that
Includes Personal Information; or
(2)
If the record is in the Automated Vehicle Information System, Transportation
Cabinet form TC 96-16A, Request for Motor Vehicle or Boat Record that Includes
Personal Information.
Section
7. Retention of Records. A form completed pursuant to Section 6 of this
administrative regulation shall be retained by the agency or office providing
the record containing personal information for a minimum of two (2) years.
Section
8. Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
"Request for Driver Licensing Record that Includes Personal Information",
TC Form 94-1E, January 2010;
(b)
"Request for Motor Vehicle or Boat Record that Includes Personal
Information", TC Form 96-16A, April 2010;
(c)
"Request by Towing and Storage Companies and Creditors in Possession for
Motor Vehicle or Boat Records that Include Personal Information", TC
96-16T, March 2010; and
(d)
"Request for Motor Vehicle or Boat Record that Includes Personal
Information to be Completed by a Governmental Agency", TC 96-16G, March
2010.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Transportation Cabinet Building, Department of Vehicle
Registration, 200 Mero Street, Frankfort, Kentucky 40622, Monday through
Friday, 8 a.m. to 4:30p.m. (24 Ky.R. 2784; Am.
25 Ky.R. 352; 565; eff. 9-1-98; 26 Ky.R. 2313; 27 Ky.R. 493; eff. 8-14-2000; 36
Ky.R. 2388; 37 Ky.R. 357; eff. 8-10-2010.)
