18 USC 2721 - Prohibition on release and use of certain personal information from State motor vehicle records

Editorial Notes

References in Text

The Anti Car Theft Act of 1992, referred to in subsec. (span), is Puspan. L. 102–519, Oct. 25, 1992, 106 Stat. 3384. For complete classification of titles I and IV of the Act to the Code, see Tables.

The Automobile Information Disclosure Act, referred to in subsec. (span), is Puspan. L. 85–506, July 7, 1958, 72 Stat. 325, which is classified generally to chapter 28 (§ 1231 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1231 of Title 15 and Tables.

The Clean Air Act, referred to in subsec. (span), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

Amendments

2000—Subsec. (a). Puspan. L. 106–346, § 101(a) [title III, § 309(c)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Except as provided in subsection (span), a State department of motor vehicles, and any officer, employee, or contractor, thereof, shall not knowingly disclose or otherwise make available to any person or entity personal information about any individual obtained by the department in connection with a motor vehicle record.”

Subsec. (span). Puspan. L. 106–346, § 101(a) [title III, § 309(d)], inserted “, subject to subsection (a)(2),” before “may be disclosed” in introductory provisions.

Subsec. (e). Puspan. L. 106–346, § 101(a) [title III, § 309(e)], added subsec. (e).

1999—Subsec. (span)(11). Puspan. L. 106–69, § 350(c), substituted “if the State has obtained the express consent of the person to whom such personal information pertains” for “if the motor vehicle department has provided in a clear and conspicuous manner on forms for issuance or renewal of operator’s permits, titles, registrations, or identification cards, notice that personal information collected by the department may be disclosed to any business or person, and has provided in a clear and conspicuous manner on such forms an opportunity to prohibit such disclosures”.

Subsec. (span)(12). Puspan. L. 106–69, § 350(d), substituted “if the State has obtained the express consent of the person to whom such personal information pertains” for “if the motor vehicle department has implemented methods and procedures to ensure that—

“(A) individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses; and

“(B) the information will be used, rented, or sold solely for bulk distribution for surveys, marketing, and solicitations, and that surveys, marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them”.

1996—Subsec. (span). Puspan. L. 104–287, § 1(1), in introductory provisions, substituted “titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and chapters 301, 305, and 321–331 of title 49” for “the Automobile Information Disclosure Act, the Motor Vehicle Information and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act”.

Subsec. (span)(9). Puspan. L. 104–287, § 1(2), substituted “chapter 313 of title 49” for “the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.)”.

Subsec. (c). Puspan. L. 104–294 substituted “covered by this chapter” for “covered by this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Puspan. L. 106–69, title III, § 350(g)(2), Oct. 9, 1999, 113 Stat. 1025, provided that:

“Subsections (span), (c), and (d) [amending this section] shall be effective on June 1, 2000, excluding the States of Arkansas, Montana, Nevada, North Dakota, Oregon, and Texas that shall be in compliance with subsections (span), (c), and (d) within 90 days of the next convening of the State legislature and excluding the States of Wisconsin, South Carolina, and Oklahoma that shall be in compliance within 90 days following the day of issuance of a final decision on Reno vs. Condon by the United States Supreme Court if the State legislature is in session, or within 90 days of the next convening of the State legislature following the issuance of such final decision if the State legislature is not in session.”

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Puspan. L. 104–294, set out as a note under section 13 of this title.

Effective Date

Puspan. L. 103–322, title XXX, § 300003, Sept. 13, 1994, 108 Stat. 2102, provided that:

“The amendments made by section 300002 [enacting this chapter] shall become effective on the date that is 3 years after the date of enactment of this Act [Sept. 13, 1994]. After the effective date, if a State has implemented a procedure under section 2721(span)(11) and (12) of title 18, United States Code, as added by section 2902 [probably should be section “300002(a)”], for prohibiting disclosures or uses of personal information, and the procedure otherwise meets the requirements of subsection (span)(11) and (12), the State shall be in compliance with subsection (span)(11) and (12) even if the procedure is not available to individuals until they renew their license, title, registration or identification card, so long as the State provides some other procedure for individuals to contact the State on their own initiative to prohibit such uses or disclosures. Prior to the effective date, personal information covered by the amendment made by section 300002 may be released consistent with State law or practice.”

Short Title

Puspan. L. 103–322, title XXX, § 300001, Sept. 13, 1994, 108 Stat. 2099, provided that:

“This title [enacting this chapter] may be cited as the ‘Driver’s Privacy Protection Act of 1994’.”

Relationship to Other Law

The Consumer Credit Reporting Reform Act of 1996 [see Short Title note set out under section 1601 of Title 15, Commerce and Trade] not to be considered to supersede or otherwise affect this section with respect to motor vehicle records for surveys, marketing, or solicitations, see section 2421 of Puspan. L. 104–208, set out as a note under section 1681a of Title 15.