Chapter 4501:1-12 Privacy of Records

(A) As used in this rule:

(1) “Personal information” means information contained in a motor vehicle record that identifies an individual person, including but not limited to, the person’s photograph, digital image, digitalized photograph, social security number, driver or driver’s license identification number, name, date of birth, telephone number, medical or disability information, or a person’s address other than the county and five-digit zip code. “Personal information” does not include information pertaining to a vehicular accident, driving or traffic violation, or driver’s status, or a name that is provided by the requester.

(2) “Motor vehicle record” means a record that pertains to a driver’s or commercial driver’s license or permit, an identification card, a certificate of title, or a motor vehicle registration.

(3) “Requester” means a person who requests release of a motor vehicle record.

(4) “Application” means an application for a driver’s or commercial driver’s license or permit, an identification card, a certificate of title, or a motor vehicle registration regardless of whether it is made to the bureau of motor vehicles, a deputy registrar, or a clerk of court of common pleas, and regardless of whether it is made in person with the assistance of a clerk, by mail, or by any other permissible means.

(5) “Applicant” means a person who submits an application.

(6) “Mail express consent” means an affirmative choice on a record confidentiality waiver form by an applicant or other person regarding whom the bureau of motor vehicles has a motor vehicle record to authorize disclosure by the bureau, a deputy registrar, or a clerk of court of common pleas of his or her personal information in response to a bulk distribution request under division (B)(2)(m) of section 4501.27 of the Revised Code. “mail express consent’ is also known as “mail opt-in.”

(7) “Individual express consent” means an affirmative choice on a record confidentiality waiver form by an applicant or other person regarding whom the bureau of motor vehicles has a motor vehicle record to authorize disclosure by the bureau, a deputy registrar, or a clerk of court of common pleas of his or her personal information in response to an individual motor vehicle record request under division (B)(2)(1) of section 4501.27 of the Revised Code.

(8) “Medical and disability information express consent” means an affirmative choice on a record confidentiality waiver form by an applicant or other person regarding whom the bureau of motor vehicles has a motor vehicle record to authorize disclosure by the bureau, a deputy registrar, or a clerk of court of common pleas of his or her medical and disability information in response to a motor vehicle record request under division (B)(2)(b), (B)(2)(c), (B)(2)(e), (B)(2)(f), (B)(2)(h), (B)(2)(i), (B)(2)(k), (B)(2)(l), (B)(2)(m), (B)(2)(n), or (B)(2)(o) of section 4501.27 of the Revised Code. “Medical and disability information express consent’ is also known as “medical and disability information opt-in.”

(9) “Sensitive personal information” means an individual’s photograph, digital image, digitalized photograph, social security number, or medical or disability information.

(10) “Deputy registrar” means a person appointed in accordance with section 4503.03 of the Revised Code.

(B) A requester, including a data account holder with the bureau of motor vehicles, may request release of a motor vehicle record by completing the record request form prescribed by the registrar, which shall include the requester’s name and address. The requester shall indicate thereon which of the statutory exceptions to nondisclosure of personal information applies. A requester may indicate eligibility on the form under more than one exception so long as one of them is not division (B)(2)(1) or division (B)(2)(m) of section 4501.27 of the Revised Code. If a requester is eligible under division (B)(2)(m) and some other exception, he or she shall fill out and submit two record request forms. A data account holder with the bureau shall complete the record request form at least once and thereafter whenever a change occurs in any of the information provided or as requested by the bureau.

(C) A requester is eligible for disclosure as a legitimate business under division (B)(2)(c) of section 4501.27 of the Revised Code, if he or she is otherwise eligible and if he or she provides on the record request form either a federal tax identification number, vendor number, or professional license number with the name of the licensing agency.

(D) A requester is eligible for disclosure as a private investigative agency under division (B)(2)(i) of section 4501.27 of the Revised Code, if he or she is otherwise eligible and provides on the record request form his or her professional license number.

(E) The record request form shall include information advising the requester, other than a requester who is eligible for release of personal information under division (B)(2)(1) of section 4501.27 of the Revised Code, the individual motor vehicle record exception, of his or her responsibility to keep records for five years regarding resale and redisclosure recipients, in accordance with division (C) of section 4501.27 of the Revised Code.

(F) The record request form shall notify the requester of his or her responsibility under division (B)(2)(m) of section 4501.27 of the Revised Code to ensure that bulk distribution information not be used, rented, or sold other than for bulk distribution for surveys, marketing, or solicitations or other use permitted under this rule.

(G) The bureau shall ensure that requesters receiving motor vehicle records under division (B)(2)(m) of section 4501.27 of the Revised Code that contain personal information regarding persons who have not given mail express consent, have the personal information deleted Personal information regarding a person who has not given individual express consent shall not be disclosed to a requester who is eligible under division (B)(2)(1) of section 4501.27 of the Revised Code. Sensitive personal information regarding a person who has not given medical and disability express consent shall not be disclosed to a requester who is eligible under division (B)(2)(b), (B)(2)(c), (B)(2)(e), (B)(2)(f), (B)(2)(h), (B)(2)(i), (B)(2)(k), (B)(2)(l), (B)(2)(m), (B)(2)(n), or (B)(2)(o) of section 4501.27 of the Revised Code.

(H) A requester who requests in person his or her own personal information contained in his or her own motor vehicle record but fails to provide personal information on the record request form, shall, in order to be eligible for disclosure under division (B)(2)(1) of section 4501.27 of the Revised Code, prove his or her identity through presentation of his or her driver’s license or identification card. A requester who requests in person his or her own medical and disability information contained in his or her own motor vehicle record shall, in order to be eligible for disclosure under division (B)(3)(a) of section 4501.27 of the Revised Code, prove his or her identity through presentation of his or her driver’s license or identification card. Compliance with either type of request by mail shall be accomplished by mailing back the motor vehicle record only to the requester’s last known address as determined in accordance with rule 4501:1-1-10 of the Administrative Code. A requester who submits such a request through on-line motor vehicle record access shall submit a password or use an alternative security feature prescribed by the registrar.

(I) Contractors with the bureau who provide on-line motor vehicle records shall ensure that their subscribers or other recipients of personal information complete a record request form that indicates eligibility either for release of nonconfidential personal information under division (B)(2)(1) of section 4501.27 of the Revised Code or for release of all personal information except sensitive personal information under either division (B)(2)(a), (B)(2)(b), (B)(2)(c), (B)(2)(d), (B)(2)(e), (B)(2)(h), (B)(2)(i), (B)(2)(j), (B)(2)(k), or (B)(2)(o) of section 4501.27 of the Revised Code. Contractors with the bureau who provide on-line motor vehicle records shall ensure that their subscribers or other recipients of sensitive personal information complete a record request form that indicates eligibility for release of some or all sensitive personal information under either division (B)(2)(a), (B)(2)(d), (B)(2)(g), or (B)(2)(j) of section 4501.27 of the Revised Code. Such contractors shall not knowingly allow disclosure of personal information or sensitive personal information that exceeds the recipient’s eligibility.

(J) This paragraph applies to divisions (B)(2)(1), (B)(2)(m), and (B)(3)(a) of section 4501.27 of the Revised Code. The clerk taking an application from an applicant applying on his or her own behalf for a driver’s or commercial driver’s license or permit, identification card, or motor vehicle registration shall not ask the applicant orally whether he or she wishes to give an individual express consent, mail express consent, or medical and disability express consent. The clerk shall on every application provide a record confidentiality waiver form to the applicant if he or she requests one. The record confidentiality waiver form shall be prescribed and supplied by the registrar. The clerk at a title office of a clerk of court of common pleas taking an application from an applicant shall provide a record confidentiality waiver form when requested by the applicant. If any person indicates to any clerk who takes an application that he or she wishes to give a mail express consent, an individual express consent, or a medical and disability express consent, the clerk shall give the applicant a record confidentiality waiver form. Whether or not a person is submitting an application, and whether an applicant submits an application with or without the assistance of a clerk, he or she may give a mail express consent, an individual express consent or a medical and disability express consent by requesting and completing a record confidentiality waiver form and affirmatively marking thereon either the mail express consent choice, the individual express consent choice, the medical and disability express consent choice, or or a combination thereof.

(K) A person who completes a record confidentiality waiver form shall mail it with the proper postage attached to the address indicated on the form or shall submit it in person at an office of the bureau or of a deputy registrar or of a title office of a clerk of court of common pleas. Each deputy registrar and clerk of court of common pleas shall forward all completed record confidentiality waiver forms to the bureau in the manner prescribed by the registrar. A mail express consent, an individual express consent, and a medical and disability express consent shall take effect only after the record confidentiality waiver form is received by the bureau at its main office and is thereafter processed.

(L) The language required by divisions (B)(2)(1), (B)(2)(m), and (B)(3)(a) of section 4501.27 of the Revised Code regarding giving express consent shall be in writing and in three parts and shall appear on the record confidentiality waiver form as indicated below,

(1) The mail express consent language shall read substantially as follows: “The Ohio bureau of motor vehicles does not release personal information to businesses for bulk distribution for surveys, marketing, and solicitations. However, if you wish to authorize the release of your name and address and other personal information to businesses for these purposes, you may do so. Do you wish to authorize the release of this information?”

(2) The individual express consent language shall read substantially as follows: “The Ohio bureau of motor vehicles does not release personal information to other individuals who request it. However, if you wish to authorize the release of your name and address and other personal information to other individuals, you may do so. Do you wish to authorize the release of this information?”

(3) The medical and disability express consent language shall read substantially as follows: “The Ohio bureau of motor vehicles does not release personal information to other individuals, businesses, and others who request it. However, if you wish to authorize the release of your medical and disability information to others who request it, you may do so. Do you wish to authorize the release of your medical and disability information to individuals, businesses, and others who request it?”

(M) A person wishing to rescind a mail express consent, individual express consent, or medical and disability express consent may do so at any time by requesting and properly completing a record confidentiality waiver form. A supply of record confidentiality waiver forms shall be available at each office of the bureau, at each deputy registrar office, and at each title office of a clerk of court of common pleas.

(N) A mail express consent, individual express consent, or medical and disability information express consent shall apply to all motor vehicle records containing the person’s social security number if the person includes his or her social security number on the record confidentiality waiver form. If a particular motor vehicle record of the person does not contain his or her social security number, the mail express consent, individual express consent, or medical and disability express consent shall apply to the record if the person includes sufficient identifying information with reference to the record on the record confidentiality waiver form.

(O) The bureau will not give notice of nonconforming record requests as permitted by division (D) of section 4501.27 of the Revised Code.

(P) Pursuant to section 149.43 of the Revised Code, the bureau shall disclose personal information, sensitive personal information, or both if both the requester is eligible under division (B)(2) of section 4501.27 of the Revised Code and disclosure is not prevented by application of either division (B)(2)(1), (B)(2)(m), or (B)(3)(a) of that section, section 4501.15, section 4507.53, another section of the Revised Code, or other state law, 18 U.S.C. 2721-2725, as amended, or other federal law.

(Q) Neither the bureau nor any deputy registrar nor any clerk of court of common pleas nor any contractor with the bureau nor any on-line motor vehicle record access provider nor any employee of any of them shall knowingly disclose any personal information or sensitive personal information contained in a motor vehicle record regarding a person who has not given express consent if disclosure would be in violation of this rule or of section 4501.27 of the Revised Code.

HISTORY: Eff 9-13-97; 9-29-99; 7-15-00; 3-27-05

Promulgated Under: 119.03

Statutory Authority: R.C. 4501.02, 4501.27

Rule Amplifies: R.C. 149.43, 4501.15, 4501.27, 4507.53

R.C. 119.032 review dates: 12/30/2004 and 12/30/2009

(A) As used in this rule:

(1) “Motor vehicle record” means a record that pertains to a driver’s or commercial driver’s license or permit, an identification card, a certificate of title, or a motor vehicle registration.

(2) “Requester” means a person who requests release of a motor vehicle record.

(3) “Application” means an application for a driver’s license or permit or a motor vehicle registration made to a deputy registrar in person. “Application” does not include an application for a commercial driver’s license or permit.

(4) “Applicant” means a peace officer as defined in section 4501.271 of the Revised Code who submits an application.

(5) “Opt-out” means an affirmative choice by a peace officer on a peace officer confidentiality request form to prohibit disclosure by the bureau or motor vehicles of his or her residence address in response to a request by any requester except a requester defined in division (B)(1), (B)(2)(b), (B)(2)(e), or (B)(2)(n) of section 4501.27 of the Revised Code or by a law enforcement official.

(B) A requester may request release of a motor vehicle record by completing the record request form prescribed by the registrar under rule 4501:1-12-02 of the Administrative Code.

(C) The record request form shall be as prescribed by rule 4501:1-12-02 of the Administrative Code.

(D) The bureau shall ensure that requesters described in division (B)(2)(a), (B)(2)(c), (B)(2)(d), (B)(2)(f) (B)(2)(g), (B)(2)(h), (B)(2)(i), (B)(2)(j), (B)(2)(k), (B)(2)(l), (B)(2)(m), or (B)(2)(o) of section 4501.27 of the Revised Code not receive the residence address of a peace officer who has exercised an opt-out. This paragraph does not apply to requesters who are law enforcement officials.

(E) A requester who is a peace officer and requests in person his or her residence address contained in his or her own motor vehicle record shall, in order to be eligible for disclosure, prove his or her identity through presentation of his or her driver’s license or identification card. Compliance with such a request by mail shall be accomplished by mailing back the motor vehicle record only to the requester’s last known residence address as determined in accordance with rule 4501:1-1-10 of the Administrative Code.

(F) Contractors with the bureau who provide on-line motor vehicle records shall not receive on behalf of their subscribers the residence address of a peace officer who has exercised an opt-out.

(G) A person who completes a peace officer confidentiality request form shall submit it in person at a deputy registrar office and present for inspection a law enforcement identification card with photograph.

(H) Each deputy registrar shall forward all completed peace officer confidentiality request forms to the bureau in the manner prescribed by the registrar.

(I) An opt-out shall take effect only after the peace officer confidentiality request form is received by the bureau at its main office and is thereafter processed. An opt-out expires at the end of four years.

(J) The clerk taking an application from an applicant applying on his or her own behalf for a driver’s license or permit or motor vehicle registration shall not ask the applicant orally whether he or she wishes to exercise an opt-out. Once a person has exercised an opt-out and the opt-out has expired, the clerk taking a later application shall ascertain continued eligibility. If any applicant indicates to any clerk who takes an application that he or she wishes to exercise an opt-out, the clerk shall give the applicant a peace officer confidentiality request form. An applicant who fails or refuses affirmatively so to mark the form shall be deemed not to have exercised an opt-out.

(K) A person wishing to rescind an opt-out may do so at any time by requesting and completing a peace officer confidentiality form. A supply of such forms shall be available at each deputy registrar office.

(L) The applicant shall include his or her social security number on the peace officer confidentiality request form, and the opt-out shall apply to the driver’s license and all motor vehicle records containing the person’s social security number.

(M) Pursuant to section 149.43 of the Revised Code, the bureau shall disclose a peace officer’s residence address if both the requester is eligible under this rule and disclosure is not prevented by application of state or federal law.

(N) Neither the bureau nor any deputy registrar nor any clerk of court of common pleas nor any contractor with the bureau nor any on-line motor vehicle record access provider nor any employee of any of them shall knowingly disclose any peace officer’s residence address contained in a motor vehicle record if the peace officer has exercised an opt-out in accordance with this rule. This paragraph does not apply to issuance of a certificate of title or a duplicate certificate of title.

(O) A peace officer at the time of an application may request that his or her Ohio business address be displayed on his or her driver’s license or all of his or her certificates of registration or both. The peace officer shall complete a peace officer confidentiality request form and shall present for inspection a law enforcement identification card with photograph.

(P) Eligibility to have the business address displayed on a driver’s license expires with the license. Eligibility to have the business address displayed on certificates of registration expires at the end of four years.

(Q) The clerk taking an application from an applicant applying on his or her own behalf for a driver’s license or permit or motor vehicle registration shall not ask the applicant orally whether he or she wishes to request the use of his or her business address. Once a peace officer has received a driver’s license or certificates of registration with the business address displayed and eligibility for one or more of them has expired, the clerk taking a later application shall ascertain continued eligibility for display of the business address with the applicant by asking the applicant to complete the peace officer confidentiality request form and present for inspection a law enforcement identification card with photograph.

(R) If any applicant indicates to any clerk who takes an application that he or she wishes to request use of the business address, the clerk shall give the applicant a peace officer confidentiality request form.

R.C. 119.032 review dates: 10/21/2005 and 10/21/2010

Promulgated Under: 119.03

Statutory Authority: R.C. 4501.02, R.C. 4501.271

Rule Amplifies: R.C. 4501.271, R.C. 4506.11

Prior Effective Dates: 10/23/00