Ever since lawmakers enacted the Driver’s Privacy Protection Act (DPPA) in 1994, there have been strict federal limits governing the personal information included in state motor vehicle records. After years of people with criminal intentions abusing access to information through the Department of Motor Vehicles (DMV) and similar state agencies, federal lawmakers took steps to protect the private information of motorists.
In Minnesota, there is no DMV. Instead, the Minnesota Department of Public Safety oversees Driver and Vehicle Services (DVS). The DVS is the equivalent of the DMV in other states. Under the DPPA, state agencies and third parties are subject to strict limitations on accessing and using personal information included in motor vehicle records.
What does the law protect?
Motor vehicle records include identifying information about individual drivers. The state maintains information such as a motorist’s name, home address, driver’s license number and any relevant medical information.
Under the DPPA, individuals can sue the DVS/DMV, businesses and other parties that inappropriately access or misuse driver information. There are exceptions for scenarios involving government investigations, court orders, business verification, such as loan application review or pre-employment due diligence and towing notifications after impounding a vehicle.
The DVS/DMV must safeguard driver information. Any business accessing DVS/DMV information should retain internal records validating the need to access the information and how they used it.
What options do consumers have?
Those who discover that a business has inappropriately used DVS/DMV records can potentially file a lawsuit. The DPPA allows the courts to award plaintiffs $2,500 in penalties for each violation that occurred without any proof of actual damages sustained due to the inappropriate use of or disclosure of driver information.
When there are actual damages, plaintiffs can request compensation for their verifiable losses in addition to the penalties available under this important federal statute. In some cases, consumers work together to file class action lawsuits against businesses that do not adequately safeguard their private driving-related information or that misuse information obtained from the DVS/DMV.
Reviewing a questionable use of driver information with a consumer protection and privacy attorney could help people understand their rights. A successful DPPA lawsuit can also potentially lead to compensation and may compel a business or other entity to change how it handles sensitive consumer information.