Current through Register Vol. 50, No. 9, September 20, 2024
A. All requests seeking disclosure of
personal information shall be in writing, except electronic requests submitted
to the department pursuant to a contract authorized by Subchapter B.
1. All written requests shall be mailed to
the assistant secretary or his designee at:
Box 64886
Baton Rouge, Louisiana 70896-4886
2. At his option, the requester may hand
deliver the written request to the Office of Motor Vehicles Headquarters in
Baton Rouge, Louisiana.
3. The
requester shall provide such information as may be required by the department
to establish the requester's identity and the requester's status as a person
who may receive the requested personal information including:
a. the requester's full name;
b. any aliases or trade names;
c. the requester's complete mailing and
physical addresses and telephone number, including area code; and
d. the name of a contact person if the
requester is a business entity.
4. In order to facilitate a request, the
requester should provide sufficient information in his request to establish his
status as a person who may receive personal information under DPPA.
B. All requests seeking disclosure
of personal information shall be processed on a first come, first serve basis,
unless the assistant secretary or his designee determines that there is good
cause for a request to be handled in a different order.
C.
1. The
assistant secretary or his designee shall determine the requester is a person,
corporation, partnership, limited liability company, or other business entity
who may receive personal information pursuant to DPPA.
2. A requester seeking personal information
through a permitted disclosure or a required disclosure shall, upon
establishing to the satisfaction of the assistant secretary or his designee,
that the requester may receive the requested personal information, and upon the
payment of all fees and costs, be provided the requested personal
information.
D.
Consented Disclosure
1. In the case of a
consented disclosure, the requester shall notify the person about whom personal
information is sought:
a. of the request;
and
b. that the information will
not be released unless the individual waives his right to privacy under
DPPA.
2. The notice of
the request to the person about whom personal information is requested shall
specifically state all personal information that is being sought.
3. The notice of the request shall also give
full information about the requester including but not limited to:
a. the requester's full name as well as any
aliases or trade names;
b. the
requester's complete mailing and physical addresses, and the requester's
telephone number including area code;
c. the name of a contact person if the
requester is a business entity; and
d. purpose for requesting the personal
information.
4.
a. No request will be processed by the
department until the requester has obtained the waiver from the person about
whom the personal information is sought.
b. The original waiver together with a copy
of the notice sent to the person about whom the personal information was sought
shall accompany the original request for disclosure.
E. The failure of a requester to
comply with the requirements contained in
§557 shall be
grounds to deny the request to disclose personal information.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
32:401 et seq., and
R.S.
32:853.
