1. 29 DEPARTMENT OF THE SECRETARY OF STATE

   250 BUREAU OF MOTOR VEHICLES

   1. Chapter 10: RULES IMPLEMENTING THE FEDERAL DRIVER’S PRIVACY PROTECTION ACT

Summary: This rule establishes the procedure for the disclosure of personal information contained in motor vehicle records in accordance with state (29-A MRSA §256) and federal law (18 U.S.C. Chapter 123).

1. §1. Purpose

   The purpose of this rule is to implement the federal Driver’s Privacy Protection Act of 1994 (Title 18 U.S.C. Chapter 123), as amended, relating to the disclosure of personal information contained in motor vehicle records.

   §2. Definitions

   For the purpose of these rules the following definitions apply:

1. Bureau means the State of Maine, Department of the Secretary of State, Bureau of Motor Vehicles.

1. 2. Disclose means to engage in any practice or conduct to make available and make known personal information contained in a motor vehicle record about an individual to any other person, organization or entity, by any means of communication.
   1. 3. Motor vehicle record means any record that pertains to a motor vehicle operator’s or driver’s license or permit, motor vehicle registration, motor vehicle title, or identification card issued by the Bureau.
   2. 4. Person means an individual, organization or entity, but does not include this state or an agency thereof.
   3. 5. Personal information means information that identifies an individual, including an individual’s photograph or digital image, 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 license or registration status.
   4. 6. Sensitive personal information means an individual’s photograph, social security number, and medical and disability information from a motor vehicle record, but does not include information on vehicular accidents, driving violations and driver’s license or registration status.

   §3. Prohibition on disclosure of personal information from motor vehicle records

   Except as provided in Sections 4-7, the Bureau and any officer, employee, agent or contractor thereof shall not knowingly disclose or otherwise make available to any person personal information about any individual obtained by the Bureau in connection with a motor vehicle record.

   §4. Mandatory disclosures

   Personal information 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 to carry out the purposes of the Federal Automobile Information Disclosure Act, 15 U.S.C. 1231 et seq., the Motor Vehicle Information Cost Saving Act, 15 U.S.C. 1901 et seq., the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1381 et seq., the Anti-Car Theft Act of 1992, 15 U.S.C. 2021 et seq., and the Clear Air Act, 42 U.S.C. 7401 et seq., as amended.

   §5. Disclosure with written consent

   Personal information may be disclosed to any person, if the person demonstrates, in such form and manner as the Bureau prescribes, that the person has obtained the written consent of the individual to whom the information pertains. Disclosure of personal information will be denied by the Bureau unless written consent was provided to the person requesting the information within the last 12 months.

   §6. Disclosure by choice

   Federal law allows the disclosure of personal information to any person or organization, including sales and marketing organizations. An individual may authorize the Bureau to disclose this information by completing a separate form prescribed by the Bureau.

   §7. Authorized disclosures. Unless prohibited by statute, personal information will be disclosed as follows:

   1. 1. Personal and sensitive personal information will be disclosed as follows:
      1. A. 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.
      2. B. For use in connection with any civil, criminal, administrative, or arbitral 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.
      3. C. 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.
      4. D. 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 that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.).
   2. 2. Personal information, except for sensitive personal information unless the individual to whom the sensitive personal information pertains authorizes, in writing, disclosure of such information, will be disclosed as follows:
      1. A. 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 activities, including survey research, and removal of nonowner records from the original owner records of motor vehicle manufacturers.
      2. B. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
         1. (1) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors, and
         2. (2) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
      3. C. 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.

D. For use in providing notice to the owners of towed or impounded vehicles.

1. E. For use by a licensed private investigative agency or licensed security service for any purpose permitted by this rule.
   1. F. For use in connection with the operation of private toll transportation facilities.
      1. G. For any other use specifically authorized by law that is related to the operation of a motor vehicle or public safety.

3. Personal information will also be disclosed as follows:

1. A. For bulk distribution for surveys, marketing or solicitations if the Bureau has obtained the written consent of the individual to whom such personal information pertains.
   1. B. For any other use in response to requests for individual motor vehicle records if the Bureau obtained the written consent of the individual to whom such personal information pertains.
      1. C. For use by any requestor, if the requestor demonstrates it has obtained the written consent of the individual to whom the information pertains.

§8. Resale or redisclosure of personal information

1. 1. Unlimited Resale and Redisclosure. A recipient of personal information pertaining to an individual, who has authorized disclosure pursuant to Section 6, may resell or redisclose personal information for any purpose.
   1. 2. Limit on Resale and Redisclosure. Except as otherwise provided in this Section, a recipient of personal information under Sections 4 and 7 may resell or redisclose personal information only for a use permitted under Sections 4 and 7.
   2. 3. Records and Inspection. A recipient of personal information under Sections 4 and 7, other than a recipient under Section 7(3)(B), who resells or rediscloses personal information must keep for a period of five years records identifying each person who receives that information and the permitted purpose for which the information will be used and must make such records available to the Bureau or another person or state agency designated by the Bureau upon request.

§9. Conditions prior to disclosure of personal information

1. The Bureau may, prior to the disclosure of personal information, require persons requesting such information to provide periodically assurances concerning identity and intended use of such information.

§10. Fees

All applicable costs and fees must be paid prior to the disclosure of personal information.

There will be no fiscal impact to municipalities resulting from the adoption of these rules.

STATUTORY AUTHORITY: 29-A MRSA §153

EFFECTIVE DATE:

September 15, 1997

AMENDED:

June 1, 2000

MINOR CORRECTION (SPELLING):

March 5, 2018 – Section 2(6)

APAO ACCESSIBILITY CHECK (Word):

April 6, 2026