Current through Vol. 42, No. 7, December 16, 2024
(a)
Service Oklahoma is a "state department of motor vehicles", as used in the
Drivers Privacy Protection Act ("DPPA"),
18 U.S.C. §
2721
et seq. The DPPA places
restrictions on the access to and disclosure of records.
(b) Pursuant to 47 O.S. §3-107, records
of Service Oklahoma shall not be subject to the provisions of:
(1) 67 O.S. §§ 305 through 317 or
be transferred to the custody or control of the State Archives
Commission;
(2) 21 O.S. §590;
or
(3) The Records Management Act,
67 O.S. §§201 through
215.
(c) In addition to terms defined in Title 47
of the Oklahoma Statutes, the following words or terms, when used in this
subchapter, shall have the following meaning, unless otherwise defined or where
the context clearly indicates otherwise. Use of the singular term includes the
plural and use of the plural term includes the singular.
(1)
"Ancillary record" means any
record that is routine in nature, having no material connection with a motor
vehicle record, the transaction of public business, the expenditure of public
funds or the administering of public property. Such records have neither
evidential value nor information value beyond the immediate use for which the
record was created or received.
(2)
"DPPA" means the Driver's Privacy Protection Act of 1994,
18 U.S.C. §
2721
et seq.
(3)
"Motor vehicle report",
pursuant to 47 O.S. §6-117(D), is defined as a summary of the driving
record of the person, including the enumeration of any motor vehicle
collisions, reference to convictions for violations of motor vehicle laws, and
any action taken against the privilege of the person to operate a motor
vehicle, as shown by the files of the Department for the three (3) years
preceding the date of the request.
(A) A motor
vehicle report shall also include a report which indicates that no driving
record is on file with Service Oklahoma based on the information in the request
for a motor vehicle report.
(B) A
motor vehicle report shall not include any driving index required to be
prepared and maintained by Service Oklahoma pursuant to 47 O.S.
§6-117(A).
(4)
"Personal information", pursuant to 47 O.S. §2-110 and
18 U.S.C. §
2725, means information that identifies a
person including but not limited to the person's:
(A) photograph or image,
(B) signature,
(C) social security number,
(D) residence or mailing address,
(E) medical or disability
information,
(F) driver
identification number,
(G) name,
and
(H) telephone number.
(5)
"Record" means
all documents including but not limited to any book, paper, photograph,
microfilm, data files created y or used with computer software, computer tape,
disk, record, sound recording, film recording, video record, or other material
regardless of physical form or characteristic, created by, received by, under
the authority of, or coming into the custody, control or possession of Service
Oklahoma, or its representatives in connection with the transaction of public
business, the expenditure of public funds or the administering of public
property. Any document or other material specifically excluded from the
definition of "Record" in the Oklahoma Open Records Act, 51 O.S. §21A
et seq., shall not be considered a "record" under this
definition.
(d) Records
that are required by law to be confidential shall not be disclosed or open to
inspection. In addition, Service Oklahoma may deny access to records, except
where a court finds that the public interest or the interest of the individual
outweighs the reason for denial and may deny access to records where disclosure
is discretionary pursuant to state and/or federal law. Records not open for
inspection include, but are not limited to:
(1) Except where authorized by state and/or
federal law, any record in connection with a motor vehicle report;
(2) Except where authorized by state and/or
federal law, personal information within the driving record.
