DRIVER AND MOTOR VEHICLE RECORD PRIVACY CHAPTER 39-33 39-33-01. Definitions

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"Department" means the department of transportation or an authorized agent or contractor of the department responsible for compiling and maintaining motor vehicle records

"Disclose" means to engage in any practice or conduct to make available and make known personal information contained in a motor vehicle record about a person to any other person by any means of communication

"Express consent" means consent in writing, including consent conveyed electronically which bears an electronic signature as defined by law

"Highly restricted personal information" means an individual's photograph or image, social security number, and medical or disability information

"Individual record" means a motor vehicle record containing personal information about a designated person who is the subject of the record as identified in a request

"Motor vehicle record" means any record that pertains to a motor vehicle operator's license or permit, motor vehicle registration, motor vehicle title, or identification document issued by the department, or other state or local agency authorized to issue any of such forms of credentials. A record includes all books, papers, photographs, photostats, cards, films, tapes, recordings, electronic data, printouts, or other documentary materials regardless of physical form or characteristics

"Person" does not include an agency of this state

"Personal information" means information that identifies a person, including an individual's photograph or computerized image, social security number, driver identification number, name, address, telephone number, and medical or disability information. The term does not include the five-digit zip code of an address, information on vehicular accidents, driving or equipment-related violations, and operator's license or registration status

prohibited

39-33-02. Disclosure and use of personal information from department records 1. Notwithstanding any other provision of law, except as provided in sections 39-33-03, 39-33-04, and 39-33-05, the department may not knowingly disclose personal information about any person obtained by the department in connection with a motor vehicle record

2. Notwithstanding any other provision of law, except as provided in subsections 1, 4, 6, and 9 of section 39-33-05, the department may not knowingly disclose highly restricted personal information about any person without the express consent of the person to whom such information pertains. This does not in any way affect the use of organ donation information on an individual's operator's license or affect the administration of organ donation initiatives in the state

39-33-03. Required disclosures

Personal information referred to in section 39-33-02 must 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 nonowner records from the original owner records of motor vehicle manufacturers in accordance with federal law

39-33-04. Disclosure with consent

Personal information referred to in section 39-33-02 may be disclosed to any requester, if the requester demonstrates in the form and manner prescribed by the department that the requester has obtained the written consent of the person who is the subject of the information

Page No. 1 39-33-05. Permitted disclosures

The department may disclose personal information referred to in section 39-33-02 to any person, on proof of the identity of the person requesting a record and representation by the requester that the use of the personal information will be strictly limited to one or more of the following: 1

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For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person acting on behalf of a government agency in carrying out its functions

For use in connection with matters of motor vehicles 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 nonowner records from the original owner records of motor vehicle manufacturers

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

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

For use in connection with any proceeding in any court or government 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 any court

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

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, antifraud activities, rating, or underwriting

For use in providing notice to the owner or lienholder of a towed or impounded vehicle

For use by any licensed private investigative agency or licensed security service for any purpose permitted under this section

For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license which is required under the Commercial Motor Vehicle Safety Act of 1986 [title XII of Pub. L. 99-570]

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

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

For any other use in response to requests for individual motor vehicle records if the department has obtained the express consent of the person to whom such personal information pertains

For bulk distribution for surveys, marketing, or solicitations if the department has obtained the express consent of the person to whom such personal information pertains

39-33-06. Fees

Disclosure of personal information required or permitted under sections 39-33-03, 39-33-04, and 39-33-05 is subject to payment by the requesting person to the department of all fees for the information required by law, or the terms of any contract with the requesting person, on the terms for payment as may be required or agreed

39-33-07. Additional conditions

Before the disclosure of personal information under sections 39-33-03, 39-33-04, and 39-33-05, the department may require reasonable assurance concerning the identity of the requesting person, the use to be only as authorized, and the consent of the person who is the Page No. 2 subject of the information to be obtained. These conditions may include the making and filing of a written application in a form and containing information and certification requirements as the department may prescribe

39-33-08. Resale or redisclosure

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An authorized recipient of personal information may resell or redisclose the information for any use permitted under section 39-33-05

The department shall require any authorized recipient who resells or rediscloses personal information to maintain for a period of not less than five years records as to the person receiving the information and the permitted use for which it was obtained and to make these records available for inspection by the department upon request

39-33-09. Regulations and waiver procedure

Upon receiving a request for personal information that is not subject to disclosure in accordance with the exception provisions of sections 39-33-03, 39-33-04, and 39-33-05, the department may mail a copy of the request to each individual who is the subject of the information, informing the 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 the individual's rights to privacy under this chapter

39-33-10. Penalty for false representation

Any person requesting the disclosure of personal information from department records who misrepresents that person's identity or makes a false statement to the department on any application required to be submitted pursuant to this chapter is guilty of a class A misdemeanor

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