Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 250 - NEBRASKA ADMINISTRATIVE CODE
Chapter 2 - RULES AND REGULATIONS GOVERNING REQUESTS FOR AND RELEASE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS PURSUANT TO THE UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT, NEB. REV. STAT. SECTIONS 60-2901 THROUGH 60-2912
Section 250-2-004 - DISCLOSURE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS

Universal Citation: 250 NE Admin Rules and Regs ch 2 § 004

Current through September 17, 2024

004.01 Disclosure Prohibited, Exceptions.

Notwithstanding any other provision of state law to the contrary, the Department and any officer, employee, authorized agent, or contractor of the Department shall not disclose personal information or sensitive personal information about any person obtained by the Department in connection with a motor vehicle record, except as provided in these rules and regulations.

004.01A If an officer, employee, authorized agent or contractor of the Department acts to disclose personal information or sensitive personal information contained in a motor vehicle record, the officer, employee, authorized agent or contractor of the Department shall disclose such personal information only upon completion of each of the steps listed in sections 004.03 and 004.04 of these rules and regulations.

004.01B In no event shall any authorized agent or contractor of the Department disclose any personal information or sensitive personal information contained in a motor vehicle record without first having executed and filed with the Department a Memorandum of Understanding.

004.01C Prior to the disclosure of any personal information or sensitive personal information contained in a motor vehicle record by any officer or employee of the Department, that officer or employee must meet the requirements listed in section 006.06 of these rules and regulations.

004.02 Compliance with Federal Law or Regulation.

Personal information shall be disclosed by the Department or any officer, employee, agent, or contractor of the Department to carry out the purposes of Titles I and IV of the Anti-Car Theft Act of 1992, 15 U.S.C. 2021 et seq., the Automobile Information Disclosure Act, 15 U.S.C. 1231 et seq., the Clean Air Act, 42 U.S.C. 7401 et seq., and 49 U.S.C. chapters 301, 305, and 321 to 331, as amended, and all federal regulations enacted or adopted to implement such federal laws.

004.03 Disclosure, Procedure for Verifying Identity of Requestor.

Personal information contained in a motor vehicle record may only be disclosed as follows:

004.03A No personal information from any motor vehicle record identified under section 004 of these rules and regulations shall be disclosed without the consent of the record holder unless the identity of the requestor is verified and the purpose of the requestor is verified and is a purpose identified under section 004.04 of these rules and regulations.

004.03A1 The request must be made on a form prepared by the Department under section 002 of these rules and regulations and all of the required sections must be completed.

004.03A2 The identity of the requestor must be verified as follows:

004.03A2a The identity of a person who is making a request in person shall be verified by examination of either a driver's license with a photograph, a Nebraska state identification card with a photograph, a United States passport, a certified United States birth certificate, a professional license with photograph, or a Nebraska state employee identification card with photograph.

004.03A2b The identity of a person who is making a request by mail shall be verified by receipt of an Application for Copy of Driving Record form, an Application for Copy of Vehicle Record form, an Application for Multiple Driving Records form, or an Application for More Than One Vehicle Record form, with a completed notarization section whereby a notary public, by signature and seal, acknowledges that the request was acknowledged by the requestor in their presence.

004.03A3 The purpose of the requestor shall be verified by receipt of the signed statement of the requestor on the Application for Copy of Driving Record form, an Application for Copy of Vehicle Record form, an Application for Multiple Driving Records form, or an Application for More Than One Vehicle Record form, used to make the request.

004.04 Mandatory Disclosure.

Upon the verification of the identity and purpose of a requestor pursuant to sections 004.03A2 and 004.04A-P of these rules and regulations, the Department and any officer, employee, agent, or contractor of the Department having custody of a motor vehicle record, shall disclose and make available the requested motor vehicle record, including the personal information contained in the record, for the following purposes:

004.04A For use by any federal, state, or local governmental agency, including any court or law enforcement agency, in carrying out the agency's functions or by a private person or entity acting on behalf of a governmental agency in carrying out the agency's functions;

004.04B 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;

004.04C For use in the normal course of business by a legitimate business or its agents, employees, or contractors but only:

004.04C1 To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and

004.04C2 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 debt or security interest against, the individual.

004.04D For use in connection with any civil, criminal, administrative or arbitral proceeding in any federal, state, or local court or governmental agency or before any self-regulatory body, including service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court, an administrative agency, or a self-regulatory body;

004.04E For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals;

004.04F 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;

004.04G For use in providing notice to the owners of abandoned, towed, or impounded vehicles;

004.04H For use only for a purpose permitted under this section either by a private detective, plain clothes investigator, or private investigative agency licensed under Neb. Rev. Stat. §§ 71-3201 through 71-3213;

004.04I For use by an employer or the employer's agent or insurer 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. 31301 et seq., or pursuant to Neb. Rev. Stat. §§ 60-4,132 and 60-4,141;

004.04J For use in connection with the operation of private toll transportation facilities;

004.04K For bulk distribution for surveys of, marketing to, or solicitations of persons who have expressly consented to such disclosure if the requestor has obtained the notarized written consent of the individual who is the subject of the personal information being requested and has provided proof of receipt of such written consent to the Department or an officer, employee, agent, or contractor of the Department on a form prescribed by the Department;

004.04L For any use if the requestor has obtained the notarized written consent of the individual who is the subject of the personal information being requested and has provided proof of receipt of such written consent to the Department or an officer, employee, agent, or contractor of the Department;

004.04M For use, including redisclosure through news publication, of a member of a medium of communication as defined in Neb. Rev. Stat. § 20-145 who requests such information in connection with preparing, researching, gathering, or confirming news information involving motor vehicle or driver safety or motor vehicle theft;

004.04M1 Example. A local nonprofit organization publishes a listing of all license plate numbers and their owners in their county as a fund raising activity. This publication does not qualify as a media exemption because it does not involve motor vehicle or driver safety or motor vehicle theft.

004.04M2 Example. A credit bureau makes available a listing of new title holders for consumer credit purposes. This activity does not qualify as a media exemption because it does not involve motor vehicle or driver safety or motor vehicle theft.

004.04N For use by the federally designated organ procurement organization in Nebraska to establish and maintain the Donor Registry of Nebraska as provided in Neb. Rev. Stat. § 71-4822;

004.04O For any other use specifically authorized by law that is related to the operation of a motor vehicle or public safety;

004.04P For any use if the request for the record is made by the record holder.

004.05 Payment of Fees.

Disclosure of personal information required or permitted under these rules and regulations shall be subject to payment by the requestor to the Department of all fees for the information prescribed by statute.

004.06 Request Maintained.

The Department and any officer, employee, authorized agent, or contractor of the Department that receives a request under section 004.03A2 of these rules and regulations shall keep the original of that request or a copy thereof for a period of not less than five years.

004.07 Denial of Request, Procedure.

If any request submitted under section 004.03A2 of these rules and regulations is not met, in whole or in part, the requestor shall receive notice by letter from the Department or authorized agent of the Department acting on that request.

004.07A Said notice shall include:

004.07A1 A description of the contents of the motor vehicle record(s) withheld and a statement of the specific reasons for the denial, correlating specific portions of the records to specific reasons for the denial, including citations to the particular statute and subsection thereof;

004.07A2 The name of the officer, employee or authorized agent of the Department responsible for the decision to deny the request.

004.07B The Department, if the notice is issued by an officer or employee thereof, or other public body, if notice is issued by an authorized agent, shall maintain a file of all letters of denial of requests for motor vehicle records. This file shall be made available to any person on request.

004.08 Redisclosure of Personal Information Contained in Motor Vehicle Records.

Any person receiving personal information contained in a motor vehicle record or records pursuant to section 004.02 or 004.04 of these rules and regulations may redisclose or resell that information only to the extent allowed in this section.

004.08A An authorized recipient of personal information disclosed under section 004.02 or 004.04 of these rules and regulations, except a recipient under section 004.04K of these rules and regulations, may resell or redisclose the information only for the uses permitted under section 004.04 of these rules and regulations, but not including the use for bulk distribution for surveys, marketing, or solicitations as set forth in section 004.04K of these rules and regulations.

004.08B An authorized recipient of personal information for bulk distribution for surveys, marketing, or solicitations under section 004.04K of these rules and regulations may resell or redisclose personal information only in accordance with the terms of such section concerning the right of individuals who have so consented to such disclosure.

004.08C An authorized recipient who resells or rediscloses personal information shall:

004.08C1 Make and keep for a period of not less than five years records identifying each person who received personal information from the authorized recipient and the permitted purpose for which it was obtained; and

004.08C2 Make such records available for inspection and copying by a representative of the Department upon request.

004.08C3 Have a written contract with every customer to which it transfers personal information. Such contract shall require that the customer limit disclosure as required by Neb. Rev. Stat. § 60-2910. The customer shall maintain a record of all disclosures of personal information and reasons for disclosure for not less than five years. The authorized recipient shall provide a list of all customers and copies of signed contracts to the Department upon request.

004.08C4 Strictly limit Internet distribution of personal information by an authorized recipient to end users through secure private channels, for properly identified customers of the authorized recipient.

004.08C5 Shall agree to a biennial independent cyber security audit at the recipient's cost. The audit shall investigate the security of the authorized recipient's information storage and distribution systems and records of disclosure of personal information as required by the Uniform Motor Records Disclosure Act, Neb. Rev. Stat. § 60-2910. A cyber security audit shall be conducted within four months of the approval of the application for information unless the recipient provided the Department with information showing that the recipient has a current detailed information security plan and is currently certified by an independent cyber security analyst. The recipient shall provide the Department with its biennial certification by an independent cyber security analyst or a copy of the cyber security audit report.

004.08D Any personal information contained in a motor vehicle record that is made part of a court file or otherwise becomes part of a judicial record of a court shall be considered a public record and re-disclosure shall be at the discretion of the court.

004.08E An authorized recipient of personal information is required to overlay and update all previously acquired personal information when it receives updated transmissions from the Department. Upon completion of such overlay, the data having been overlaid shall not be redisclosed for any purpose except as follows:

004.08E1 Any audits to be performed.

004.08E2 For use in connection with a civil, criminal, administrative or arbitral proceeding in any federal, state or local court.

004.08E3 As specifically required by federal or state law, including manufacturer recalls.

004.08E4 Records of any disclosure of overlaid data under subsections 004.08E1, 2 and 3 above shall be kept for five years pursuant to section 004.08C1.

004.08F Failure of the requestor to comply with the requirements of these sections shall be grounds for termination of any contract.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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