Release of Personal Information related to Driving Records and/or Vehicle Registrations
Subject to subsection A of and in accordance with section 28-458 and the driver’s privacy protection act of 1994 (18 United States Code sections 2721 through 2725) and notwithstanding section 28-447. In this section, the department may disclose personal information as follows:
Permissible uses prescribed in subsection C of this section:
1. For use 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 government agency in carrying out its functions.
2. For use in connection with matters of:
(a) Performance monitoring of motor vehicles, motor vehicle parts and dealers.
(b) Motor vehicle market research activities, including survey research.
(c) Removal of nonowner records from the original owner records of motor vehicle manufacturers.
3. For use 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.
(b) If the information submitted is not correct or is no longer correct, to obtain the correct information for the purpose of preventing fraud by, pursuing legal remedies against or recovering on a debt or security interest against the individual.
4. For use by an attorney licensed to practice law or by a licensed private investigator in connection with any civil, criminal, administrative or arbitration proceeding in any court or government 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 a court order.
5. For use in research activities and for use in producing statistical reports if the personal information is not published, redisclosed or used to contact individuals.
6. For use by any insurer that writes automobile liability or motor vehicle liability policies and that is under the jurisdiction of the department of insurance 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. For use in providing notice to the owners of towed or impounded vehicles.
8. For use by any licensed private investigative agency or licensed security service for any purpose allowed 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 license that is required under 49 United States Code sections 31301 through 31317.
10. For use by a toll operator as defined in section 28-7751 in connection with the operation of a toll facility or the enforcement of tolls, administrative charges and penalties as defined in section 28-7751.
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 the personal information pertains.
12. For bulk distribution for surveys, marketing or solicitations if the department has obtained the express consent of the person to whom the personal information pertains.
13. For use by any requester if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.
14. For any other use that is specifically authorized by law and that is related to the operation of a motor vehicle or public safety, including the following:
(a) Use by a financial institution or enterprise under the jurisdiction of the department of financial institutions or a federal monetary authority.
(b) Use by a motor vehicle dealer who is licensed and bonded by the department or a state organization of licensed and bonded motor vehicle dealers.
(c) Use by a person who is involved in an accident or the owner of a vehicle involved in an accident if the person who requests the information submits proof to the department of involvement in the accident.
(d) Use by a person applying for a bonded title if all of the following conditions exist:
(i) The requester verifies to the satisfaction of the director that the vehicle on which the requester is requesting the record is in the requester’s possession.
(ii) The record is requested in order for the requester to notify the registered owner of the requester’s intent to apply to the department for a bonded title.
(iii) The requester provides a verification of a vehicle inspection that was performed by an authorized department employee or agent.
(e) Use by an operator of a self-service storage facility who alleges both of the following:
(i) That the vehicle on which the operator is requesting the record is in the operator’s possession.
(ii) That the record is requested to allow the operator to notify the registered owner and any lienholders of record of the operator’s intent to foreclose its lien and to sell the vehicle.
(f) For any other use as determined by the director and established by rule.
D. The department may establish and carry out procedures under which the department, on receiving a request for personal information that does not fall within one of the exceptions prescribed in subsection B or C of this section, may mail a copy of the request to the individual about whom the information was requested. The mailing shall inform the individual of the request and contain a statement that the information will not be released unless the individual waives the individual’s right to privacy under this section.
