Current through September 17, 2024
006.01 Request for Personal Information in a
Motor Vehicle Record, Requirements
Any request for disclosure of personal information contained in a motor
vehicle record must be made as follows:
006.01A The request must be made on either 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, and must contain a signed
statement of the requestor whereby the requestor certifies that the information
contained on the motor vehicle record(s) received will only be used as
authorized by the Uniform Motor Vehicle Records Disclosure Act and acknowledges
that the request is made with the understanding that any person making such a
request who misrepresents either their identity or the purpose for which the
information is requested shall be guilty of a Class IV felony. The appropriate
form may be obtained from the Department of Motor Vehicles' web site pursuant
to section 002 in these regulations.
006.01B Any person requesting the disclosure
of personal information contained in a motor vehicle record must furnish proof
of identity as provided in section
004.03A2 of these
rules and regulations.
006.02
Request for
Individual Record, Requirements.
Any request for disclosure of personal information contained in an
individual motor vehicle record must be made in writing on a form provided by
the Department.
006.02A
Driving Records. A request for disclosure
of personal information contained in a driving record must be made on an
Application for Copy of Driving Record form (see section 002 of these rules and
regulations) and must contain the following information:
006.02A1 The name of the person who is the
subject of the driving record, as it appears on that person's operator's
license, permit or state identification card, and that person's date of birth
and/or Nebraska driver's license number;
006.02A2 The purpose for which the personal
information contained in the driving record requested will be used;
and
006.02A3 The requestor's name,
business name, and address.
006.02B
Vehicle
Records. A request for disclosure of personal
information contained in a vehicle record must be made on an Application for
Copy of Vehicle Record form (see section 002 of these rules and regulations)
and must contain the following information:
006.02B1 The Vehicle Identification Number
(VIN), the license plate number, or the name of the owner of the vehicle that
is the subject of the request;
006.02B2 The purpose for which the personal
information contained in the vehicle record requested will be used;
and
006.02B3 The requestor's name,
business name, and address.
006.02C
Request for
Disclosure of Personal Information in a Motor Vehicle Record with the Consent
of the Record Holder.
A person requesting disclosure of personal information contained in a
motor vehicle record who has obtained the consent of the individual who is the
subject of that record shall submit proof of that consent as follows:
006.02C1 Consent of the record holder shall
be indicated in writing on the appropriate section of either the Application
for Copy of Driving Record or Application for Copy of Vehicle Record form on
which the request is made. (See section 002 of these rules and
regulations.)
006.02C2 The consent
section of the Application for Copy of Driving Record or Application for Copy
of Vehicle Record form must bear the signature of the record holder. (See
section 002 of these rules and regulations.)
006.02C3 The consent section must bear the
signature and seal of a notary public whereby said notary public acknowledges
that the section was acknowledged by the record holder in the presence of the
notary public.
006.02D
Request for Disclosure of Personal Information in a Motor
Vehicle Record Not Subject to Disclosure. In the event that
the Department receives a request for personal information, which is not
subject to disclosure in accordance with sections 004.01 and 004.02 of these
regulations, and which is not accompanied by a consent from the record holder,
the Department may mail a copy of that request to each person who is the
subject of the request, informing each such individual of the request, together
with a statement to the effect that disclosure is prohibited and will not be
made unless the individual affirmatively elects to waive his or her right to
privacy under the Uniform Motor Vehicle Records Disclosure Act,
Neb. Rev. Stat.
§
60-2909.
006.03
Multiple
Record Request, Requirements.
Any request for disclosure of personal information contained in more
than one motor vehicle record must be made in writing on an Application for
Multiple Driving Records form or an Application for More Than One Vehicle
Record form. (See section 002 of these rules and regulations.)
006.03A
Driving Records.
A request for disclosure of personal information contained
in more than one driving record must be made on an Application for Multiple
Driving Records form (see section 002 of these rules and regulations) and must
contain the following information:
006.03A1
The name of each person for whom a driving record is requested, as it appears
on that person's operator's license, permit or state identification card, and
that person's date of birth and/or Nebraska driver's license number;
006.03A2 The purpose for which the personal
information contained in the driving records requested will be used;
and
006.03A3 The requestor's name,
business name, and address.
006.03B
Vehicle Records.
A request for disclosure of personal information contained
in more than one vehicle record must be made on an Application for More Than
One Vehicle Record form (see section 002 of these rules and regulations) and
must contain the following information:
006.03B1 The purpose for which the personal
information contained in the vehicle record will be used;
006.03B2 The requestor's name, business name,
and address; and
006.03B3 The
specific vehicle records requested, identified as follows:
006.03B3a A request for more than one
specific vehicle record must include the Vehicle Identification Number (VIN),
the license plate number, or the name of the owner of each vehicle included in
the request;
006.03B3b A request
for multiple vehicle records or information on nonspecific motor vehicles must
include information that identifies the type of vehicle in question.
006.04
Receipt of Records by Contract.
Motor vehicle records may be received on a regular basis under a
contract with the Department provided that the use is allowed in section 004.04
and if the terms of that contract expressly define the purpose for which the
personal information contained in the motor vehicle records will be used, and
establish a requirement that the recipient under the contract will keep a
record of each person or entity to whom the recipient discloses personal
information received from the Department for five years which shall be made
available to the Department upon request.
006.04A Companies contracting with the
Department for multiple records may, at the discretion of the Department, be
required to post and file with the Department a continuous surety bond in an
amount based on the volume of records requested of the Department, but no less
than Ten Thousand Dollars ($10, 000.00). Such bond shall be in a form approved
by the Department and written by a company approved to do business in this
state. This bond shall be for the protection of the record holders and the
State.
006.04B In the event of the
discovery of an unauthorized disclosure of any record originating in the
Department's database in that company's possession, the company in question
shall notify the Department within 24 hours of the discovery of the
disclosure.
006.04C Upon receipt of
information of the discovery of an unauthorized disclosure, the Department may
immediately terminate any contract with the subject company according to the
terms of the contract and may not authorize another contract until such company
has shown to the Department's satisfaction that sufficient security measures
have been implemented to prevent and/or detect such unauthorized disclosures in
the future.
006.04D The Department
shall provide guidelines for applications for companies requesting contracts
for the prospective purchase of records. The Department shall review all
applications for contracts for disclosure of records and reserves the right to
impose any contract condition it finds reasonable and necessary to protect the
privacy of individuals and security of the information contained in the
Department's database. Such conditions may include, but are not limited to,
requests for copies of contracts for the resale of records to third parties,
information concerning the requestor's security plan, information concerning
the requestor's business and need for the requested information, and access by
the Department to all the requestor's records relevant to contract provisions
for purposes of audit.
006.04E The
Department may summarily rescind or terminate the contract of any company for
the following reasons:
006.04E1 The company
misrepresented its purpose or identity for the purpose of obtaining personal or
sensitive personal information from the Department's records.
006.04E2 At any time the Department learns
that there was an unauthorized breach of the company's cyber security system by
an outside party.
006.04E3 The
company or any employee, contractors or agent thereof which engaged in any act
prohibited under section 004 of these rules and regulations. Such companies may
also be subject to criminal penalties pursuant to Neb. Rev.
Stat.
§
60-2912.
006.04E4 At any time in which the Department
is restrained or enjoined by a court of competent jurisdiction from performing
any obligation established by a contract with a requesting party or upon the
effective date of an act by the Nebraska Legislature restricting or removing
the Department's authority to perform an obligation agreed upon by
contract.
006.04E5 For reasons of
governmental convenience or necessity.
006.05
County Clerks,
County Treasurers and County Sheriffs.
Access to the Department's records by county clerks, county treasurers
or county sheriffs is conditioned upon the execution of a Memorandum of
Understanding by the county clerk, county treasurer or county sheriff.
006.06
Department Employees.
Access to the Department's records by employees of the Department is
conditioned upon the execution of the Security and Privacy Requirements form.
Such form shall be re-executed periodically and shall be kept in the
Department's Human Resources file for the officer or employee.
006.07
Misrepresentation in Request for Disclosure of Personal
Information or Sensitive Personal Information Contained in a Motor Vehicle
Record, Penalty.
Any person requesting the disclosure of personal information or
sensitive personal information from Department records who misrepresents his or
her identity or makes a false statement to the Department on any application
required to be submitted pursuant to the Uniform Motor Vehicle Record
Disclosure Act shall be guilty of a Class IV felony.
