006.05.102. FEDERAL DRIVER'S PRIVACY ACT
AR ADC 006.05.102Arkansas Administrative Code
Ark. Admin. Code 006.05.102
006.05.102. FEDERAL DRIVER'S PRIVACY ACT
1. (a) Ark. Code Ann § 27-14-412 (a)(1) currently provides that all records of the Office of Motor Vehicle (OMV) relating to vehicle titles, registration and license plates are open to public inspection unless otherwise deemed confidential. The Federal Driver's Privacy Act (18 U.S.C § 2721) which becomes effective on September 13, 1997 generally prohibits the disclosure of personal information from such records in the absence of state procedures providing each vehicle registrant the opportunity to prohibit disclosure of his or her registration information. Because Arkansas law does not currently allow registrants such an opportunity, all personal information contained in the registration records as well as identification cards issued by the Office of Driver Services is prohibited from release except for permissible uses listed below.
(a) For use in connection with matters of motor vehicle 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 non-owner records from the original owner records of motor vehicle manufacturers.
(d) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or 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 a Federal, State, or local court.
3. All requests for information from the records of OMV shall be in writing and shall include the name and address of the person requesting the information and the intended use of the information. Improper use of personal information constitutes a violation of the Federal Driver's Privacy Act and may subject the violator to civil damages or criminal penalties.
In witness whereof, we have hereunto set our hands this 9th day of September 1997.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.102, AR ADC 006.05.102
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