Mississippi Administrative Code
Title 31 - Public Safety
Part 1 - DRIVER SERVICES ADMINISTRATIVE CODE
Chapter 6 - Security Precautions
Rule 31-1-6.8 - Drivers Privacy Protection Act
Universal Citation: MS Code of Rules 31-1-6.8
Current through September 24, 2024
1. Section 2721. Prohibition on release and use of certain personal information from State motor vehicle records
a. In General - Except as
provided in subsection (b), 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 by the department in connection with a motor vehicle
record.
b. Permissible Uses -
Personal information referred to in subsection (a) shall be disclosed for use
in connection with matters of motor vehicle or driver safety and theft, motor
vehicle emissions, motor vehicle product alterations, recalls, or advisories,
performance monitoring of motor vehicles and dealers by motor vehicle
manufacturers, and removal of non-owner records from the original owner records
of motor vehicle manufacturers to carry out the purposes of 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, and may be disclosed
as follows:
i. For use by any government
agency, including any court of law enforcement agency, in carrying out its
functions, or any private person or entity acting on behalf of a Federal,
State, or local agency in carrying out its functions.
ii. For use in connection with matters of
motor vehicle or driver safety and theft, motor vehicle emissions, motor
vehicle product alterations, recalls, or advisories performance monitoring of
motor vehicles, motor vehicle parts and dealers, motor vehicle market research
activities, including survey research, and removal of non-owner records from
the original owner records of motor vehicle manufacturers.
iii. 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, contractors; and
b. if
such information as so submitted is not correct or is no longer correct, to
obtain the correct information, but only for the purposes of preventing fraud
by, pursuing legal remedies against, or recovering on a dent security interest
against, the individual.
iv. For use in connection with any civil,
criminal, administrative, or arbitral proceeding in any Federal, State, or
local court or 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 an order of a Federal,
State or local court.
v. For use in
research activities, and for use in producing statistical reports, so long as
the personal information is not published, re-disclosed, or used to contact
individuals.
vi. For use by any
insurer or insurance support organization, or by a self-insured entity, or its
agents, employees, or contractors, in connection with claims investigation
activities, anti-fraud activities, rating or underwriting.
vii. For use in providing notice to the
owners of towed or impounded vehicles.
viii. For use by any licensed private
investigative agency or licensed security service for any purpose permitted
under this subsection.
ix. For use
by an employer or its agents or insurer to obtain or verify information 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.
2710, et seq.).
x.
For use in connection with the operation of private toll transportation
facilities.
xi. For use in response
to requests for individual motor vehicle records if the motor vehicle
department has provided a clear and conspicuous manner on forms for issuance of
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.
xii. For bulk distribution for surveys,
marketing or solicitations if the motor vehicle department has implemented
methods and procedures to ensure that:
c. Individuals are provided an opportunity,
in a clear and conspicuous manner, to prohibit such uses; and
d. 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.
i. For use by any requestor, if the
requestor demonstrates it has obtained the written consent of the individual to
whom the information pertains.
ii.
For any other use specifically authorized under the law of the State that holds
the record, if such use is related to the operation of a motor vehicle or
public safety.
e. Resale
or re-disclosure - An authorized recipient of personal information (except a
recipient under subsection (b)(xi) or (xii)) may resell or re-disclose the
information only for a use permitted under subsection (b) (but not for uses
under subsection (b)(xi) or (xii)). An unauthorized recipient under subsection
(b)(xi) may resell or re-disclose personal information for any purpose. An
authorized recipient under subsection (b)(xii) may resell or re-disclose
personal information pursuant to subsection (b)(xii).Any authorized recipient
(except a recipient under subsection (b)(xi)) that resells or re-discloses
personal information covered by this title must keep for a period of five (5)
years records identifying each person or entity that receives information and
the permitted purpose for which the information will be used and must make such
records available to the motor vehicle department upon request.
f. Waiver Procedures - A State motor vehicle
department may establish and carry out procedures under which the department or
its agents, upon receiving a request for personal information that does not
fall within one of the exceptions in subsection (b), may mail a copy of the
request to the individual about whom the information was requested, informing
such individual of the request, together with a statement to the effect that
the information will not be released unless the individual waives such
individual's right to privacy under this section.
2. Section 2722. Additional unlawful acts:
a. Procurement for Unlawful Purpose - It
shall be unlawful for any person knowingly to obtain or disclose personal
information, from a motor vehicle record, for any use not permitted under
section 2721(b) of this title.
b.
False Representation - It shall be unlawful for any person to make false
representation to obtain any personal information from an individual's motor
vehicle record.
3. Section 2723. Penalties:
a. Criminal Fine - A
person who knowingly violates this chapter shall be fined under this
title.
b. Violations by State
Department of Motor Vehicles - Any State department of motor vehicles that has
a policy or practice of substantial noncompliance with this chapter shall be
subject to a civil penalty imposed by the Attorney General of not more than
$5,000 a day for each day of substantial noncompliance.
4. Subsection 2724. Civil Action:
Cause of Action - The court may award:
a. actual damages, but not less than the
liquidated damages in the amount of $2,500;
b. punitive damages upon proof of willful or
reckless disregard of the law;
c.
reasonable attorneys' fees and other litigation costs reasonably incurred;
and
d. such other preliminary and
equitable relief as the court determines to be appropriate.
5. Section 2725. Definitions:
a. "Motor vehicle record" means any record
that pertains to a motor vehicle operator's permit, motor vehicle title, motor
vehicle registration, or identification card issued by a department of motor
vehicles;
b. "Person" means an
individual or entity, but does not include a State or agency thereof;
and
c. "Personal information" means
information that identifies an individual, including an individual's
photograph, Social Security Number, driver identification number, name, address
(but not the 5-digit zip code), telephone number, and medical or disability
information, but does not include information on vehicular accidents, driving
violations, and driver's status.
Miss. Code Ann. § 45-1-3
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