[Note! This bill exists in a House form, HR.3365.] TITLE -- DRIVER'S PRIVACY PROTECTION ACT 1993 S. 1589 Introduced on October 26, 1993 by Senator Barbara Boxer D-CA Immediately referred to Senate Governmental Affairs Committee, where it is still pending. Cosponsors: Bumpers D-AR DeConcini D-AZ Feingold D-WI Feinstein D-CA Harkin D-IA Metzenbaum D-OH Mikulski D-MD Moseley-Braun D-IL Murray D-WA Robb D-VA Simon D-IL Warner R-VA Wofford D-PA SEC. . SHORT TITLE; PURPOSE. (a) Short Title. -- This title may be cited as the "Driver's Privacy Protection Act of 1993" . (b) Purpose. -- The purpose of this title is to protect the personal privacy and safety of licensed drivers consistent with the legitimate needs of business and government. SEC. . 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 and use of certain personal information by States, organizations and persons. "Sec. 2721. Definitions. "Sec. 2722. Penalties. "Sec. 2723. Effect on State and local laws. "@ 2720. Prohibition on release and use of certain personal information by States, organizations and persons "(a) In General. -- (1) Except as provided in paragraph (2), no department of motor vehicles of any State, or any officer or employee thereof, shall disclose or otherwise make available to any person or organization personal information about any individual obtained by the department in connection with a motor vehicle operator's permit, motor vehicle title, identification care, or motor vehicle [*S15762] registration (issued by the department to that individual) unless such disclosure is authorized by the individual. "(2) A department of motor vehicles of a State, or officer or employee thereof, may disclose or otherwise make available personal information referred to in paragraph (1) for any of the following routine uses: "(A) For the use of any Federal, State or local court in carrying out its functions. "(B) For the use of any Federal, State or local agency in carrying out its functions, including a law enforcement agency. "(C) For the use in connection with matters of automobile safety, driver safety, and manufacturers of motor vehicles issuing notification for purposes of any recall or product alteration. "(D) For the use in any civil criminal proceeding in any Federal, State, or local court, if the case involves a motor vehicle, or if the request is pursuant to an order of a court of competent jurisdiction. "(E) For use in research activities, if such information will not be used to contact the individual and the individual is not identified or associated with the requested personal information. "(F) For use in marketing activities if -- "(i) the motor vehicle department 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; "(ii) the information will be used, rented, or sold solely for a permissible use under this chapter, including marketing activities; and "(iii) any person obtaining such information from a motor vehicle department for marketing purposes keeps complete records identifying any person to whom, and the permissible purpose for which, they sell or rent the information and provides such records to the motor vehicle department upon request. "(G) For use by any insurer or insurance support organization, or their employees, agents, and contractors, in connection with claims investigation activities and antifraud activities. "(H) 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 pursing remedies against a person who presented a check or similar item that was not honored. "(I) For use by any organization, if such organization certifies, upon penalty of perjury, that it has obtained a statement from the person to whom the information pertains authorizing the disclosure of such information under this chapter. "(J) For use by an employer or the agent of an employer 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. App. 2701 et seq.). "(b) Unlawful Conduct by any Person or Organization. -- No person or organization shall -- "(1) use any personal information, about an individual referred to in subsection (a), obtained from a motor vehicle department of any State, or any officer or employee thereof, or other person for any purpose other than the purpose for which such personal information was initially disclosed or otherwise made available by the department of motor vehicles of the affected State, or any officer or employee thereof, or other person, unless authorized by that individual; or "(2) make any false representation to obtain personal information, about an individual referred to in subsection (a), from a department of motor vehicles of any State, or officer or employee thereof, or from any other person. "@ 2721. Definitions "As used in this chapter: "(1) The term 'personal information' is information that identifies an individual, including 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. Such term does not include a Federal, State or local agency or entity thereof. "@ 2722. 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) 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 imposed by the Attorney General in the amount of $5,000. Each day of continued noncompliance shall constitute a separate violation. "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. . EFFECTIVE DATE. The amendments made by this title shall take effect upon the expiration of the 270-day period following the date of its enactment.