HB 324: "An Act requiring written consent by the person who is the subject of the information before releasing personal information contained in motor vehicle records, to comply with 18 U.S.C. 2721; and providing for an effective date."
00HOUSE BILL NO. 324 01 "An Act requiring written consent by the person who is the subject of the 02 information before releasing personal information contained in motor vehicle 03 records, to comply with 18 U.S.C. 2721; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 28.10.505(d) is amended to read: 06 (d) Personal information may be disclosed by the department upon proof of 07 the identity of the person requesting a record and representation by the requesting 08 person that the use of the personal information is strictly limited to one or more of the 09 following uses: 10 (1) for use by a government agency, including a court or law 11 enforcement agency, in carrying out its functions, or a private person or entity acting 12 on behalf of a government agency in carrying out its functions; 13 (2) for use in the normal course of business by a legitimate business 14 or an agent, employee, or contractor of the business, but only
01 (A) to verify the accuracy of personal information submitted by 02 an individual to the business or an agent, employee, or contractor of the 03 business; and 04 (B) if the information submitted is not correct, to obtain the 05 correct information, but only for the purposes of preventing fraud by pursuing 06 legal remedies against, or recovering on a debt or security interest against, an 07 individual; 08 (3) for use in connection with a civil, criminal, administrative, or 09 arbitration proceeding in a court or government agency or before a self-regulatory 10 body, including service of process and the execution or enforcement of a judgment or 11 court order; 12 (4) for use in research activities, or in producing statistical reports, if 13 the personal information is not published, redisclosed, or used to contact an individual; 14 (5) for use by an insurer or insurance support organization, or by a 15 self-insured entity, or an agent, employee, or contractor of an insurer, in connection 16 with claims investigation activities, anti-fraud activities, rating, or underwriting; 17 (6) for use in providing notice to the owners of towed or impounded 18 vehicles; 19 (7) for use by an employer or an agent or insurer of an employer to 20 obtain or verify information relating to a holder of a commercial driver's license that 21 is required under 49 U.S.C. 31101 - 31162 (Commercial Motor Vehicle Safety Act); 22 (8) for use in connection with the operation of private toll 23 transportation facilities; 24 (9) for use in connection with a legitimate business operating under a 25 contract with the department; 26 (10) for bulk distribution for surveys, marketing, or solicitations if the 27 person who is the subject of the information has provided written consent to the 28 release [DEPARTMENT HAS IMPLEMENTED METHODS AND PROCEDURES 29 TO ENSURE THAT 30 (A) PERSONS THAT ARE PROVIDED AN OPPORTUNITY, 31 IN A CLEAR AND CONSPICUOUS MANNER, TO PROHIBIT USES; AND
01 (B) THE INFORMATION WILL BE USED, RENTED, OR 02 SOLD SOLELY FOR BULK DISTRIBUTION FOR SURVEYS, 03 MARKETING, AND SOLICITATIONS, AND THAT SURVEYS, 04 MARKETING, AND SOLICITATIONS WILL NOT BE DIRECTED AT 05 THOSE INDIVIDUALS WHO HAVE REQUESTED IN TIMELY FASHION 06 THAT THE MATERIAL NOT BE MAILED TO THEM]; and 07 (11) for any other purpose specifically authorized by law that is related 08 to the operation of a motor vehicle or related to public safety. 09 * Sec. 2. AS 28.10.505(e) is amended to read: 10 (e) Personal information contained in an individual record may be disclosed, 11 without regard to the intended use of the personal information, if the person who is 12 the subject of the information has provided written consent to the release 13 [DEPARTMENT PROVIDES IN A CLEAR AND CONSPICUOUS MANNER ON 14 FORMS FOR ISSUANCE OR RENEWAL OF REGISTRATIONS, TITLES, OR 15 IDENTIFICATION DOCUMENTS NOTICE THAT PERSONAL INFORMATION 16 COLLECTED BY THE DEPARTMENT MAY BE DISCLOSED TO A PERSON 17 MAKING A REQUEST FOR AN INDIVIDUAL RECORD, AND HAS PROVIDED 18 IN A CLEAR AND CONSPICUOUS MANNER ON THE FORMS AN 19 OPPORTUNITY FOR A PERSON WHO IS THE SUBJECT OF A RECORD TO 20 PROHIBIT DISCLOSURE]. 21 * Sec. 3. This Act takes effect June 1, 2000.