4501:1-12-02 Driver's privacy protection.

(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, a motor vehicle registration, or motor vehicle identification license plates, including an enumeration of the motor vehicle accidents in which the driver has been involved, except accidents certified in division (D) of section 3937.41 of the Revised Code, and the driver's record of convictions for violation of the motor vehicle laws.

(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 (BMV), 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) "Express consent" means an affirmative choice on a record confidentiality waiver form by an applicant or other person regarding whom the BMV has a motor vehicle record to authorize disclosure by the BMV, a deputy registrar, or a clerk of court of common pleas of his or her personal information in response to a request under section 4501.27 of the Revised Code. "Express consent" is also known as "opt-in."

(7) "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 BMV has a motor vehicle record to authorize disclosure by the BMV, 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 section 4501.27 of the Revised Code. "Medical and disability information express consent" is also known as "medical and disability information opt-in."

(8) "Sensitive personal information" means an individual's photograph, digital image, digitalized photograph, social security number, or medical or disability information.

(9) "Deputy registrar" means a person appointed in accordance with section 4503.03 of the Revised Code.

(10) "Data account holder" means a requester who has entered into a memorandum of understanding or contract with the Ohio department of public safety, bureau of motor vehicles, for the release of information.

(11) "Bulk request" means a request for copies of an entire set or subset of the database of motor vehicle records maintained by the BMV.

(B) Except as provided for by this rule, the registrar of motor vehicles, and any employee or contractor of the BMV, shall not knowingly disclose or otherwise make available to any person or entity any personal information about an individual that the BMV obtained in connection with a motor vehicle record.

(C) Pursuant to section 149.43 of the Revised Code, the BMV shall disclose personal information and/or sensitive personal information if the requester is eligible under divisions (B)(2) and (B)(3) of section 4501.27 of the Revised Code and disclosure is not prevented by section 4501.15 , section 4507.53 , or another section of the Revised Code, other state law, the Federal Driver's Privacy Protection Act of 1994, 18 U.S.C. 2721 et seq., as amended, or other federal law.

Notwithstanding any other provision in this section, sensitive personal information about an individual shall not be disclosed unless the requirements of division (B)(3)(a) of section 4501.27 , and division (B)(3)(b) of section 4501.15 , and section 4507.53 of the Revised Code are met.

(D) A requester, including a data account holder with the BMV, may request release of a motor vehicle record pertaining to a specified person by either submitting a public records request or by completing form BMV1173 and submitting any required documentation.

(1) Upon the receipt of a public records request, the BMV will promptly prepare and make available for inspection a motor vehicle record to any person at all reasonable times during regular business hours, or shall make copies of the motor vehicle record available at cost within a reasonable period of time.

(a) The BMV will not provide personal information in response to a public records request for a motor vehicle record. The BMV will provide a redacted copy of the motor vehicle record.

(b) A requester will be charged the appropriate fees authorized by law and the department of public safety's public records policy.

(c) The BMV shall not limit or condition the availability of a motor vehicle record by requiring the disclosure of the requester's identity or the intended use of the requested public record. The BMV may ask a requester to make the request in writing, may ask for the requester's identity, and may inquire about the intended use of the information requested, but may do so only after disclosing to the requester that a written request is not mandatory and that the requester may decline to reveal the requester's identity or the intended use and when a written request or disclosure of the identity or intended use would benefit the requester by enhancing the ability of the BMV to identify, locate, or deliver the public records sought by the requester.

(2) Upon receipt of a request for a specific motor vehicle record submitted on form BMV1173, and accompanied by the fees statutorily authorized in the Revised Code, the BMV will provide personal information to requesters authorized by law to receive such information.

(a) The BMV will provide un-redacted paper copies of records in a format designed to make duplication or retransmission of any personal information contained on the motor vehicle record difficult. The copies provided to the requester shall indicate the name of the requester.

(b) The BMV will provide electronic copies of records only to data account holders who have provided satisfactory assurances of security and confidentiality to the registrar.

(E) A requester who requests his or her own personal information contained in his or her own motor vehicle record shall prove his or her identity through presentation of a driver's license, identification card, or social security number. A request submitted by mail shall be fulfilled 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 requests his or her own personal information is not eligible to receive copies of the individual's photographic images contained in the BMV databases pursuant to section 4507.53 of the Revised Code.

(F) Upon receipt of a bulk records request, the BMV will provide personal information to a data account holder who is authorized by law to receive personal information, and who has completed form BMV1173, and who has submitted any additional documentation the BMV may require.

(1) The data account holder will be charged the appropriate fees authorized by law and the department of public safety's public records policy.

(2) The BMV will provide electronic copies of uncertified records only to data account holders who have provided satisfactory assurances of security and confidentiality to the registrar, as well as satisfactory proof of authorization to receive personal information.

(G) Form BMV1173 shall include the following information:

(1) The identity of the requester:

(a) If the requester is a sole proprietorship or individual, the requester shall provide a driver's license number or identification card number. If the requester does not possess a driver's license or identification card, the requester shall provide proof of identity and social security number in accordance with the acceptable documents set forth in rule 4501:1-1-21 of the Administrative Code.

(b) If the requester is a corporation, the requester shall provide a tax identification number, a certified copy of the "Certificate of Good Standing" from the office of the secretary of state in which it is incorporated, and the name of its statutory agent.

(2) If the requester claims to be eligible for the disclosure of personal information, a statement indicating which of the statutory exceptions to nondisclosure of personal information applies. A requester may indicate eligibility on form BMV1173 under only one exception. If a requester is eligible under one or more exceptions, he or she must fill out and submit an individual BMV1173 form for each exception. Personal information shall be disclosed only for the following purposes:

(a) For the use of a government agency, including, but not limited to, a court or law enforcement agency, in carrying out its functions, or for the use of a private person or entity acting on behalf of an agency of this state, another state, the United States, or a political subdivision of this state or another state in carrying out its functions;

(b) For use in connection with matters regarding 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 research activities, including, but not limited to, survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers;

(c) For use in the normal course of business by a legitimate business or an agent, employee, or contractor of a legitimate business, but only for one of the following purposes:

(i) To verify the accuracy of personal information submitted to the business, agent, employee, or contractor by an individual;

(ii) If personal information submitted to the business, agent, employee, or contractor by an individual is incorrect or no longer correct, to obtain the correct information, but only for the purpose of preventing fraud, by pursuing legal remedies against, or recovering a debt, or security interest against, the individual;

(d) For use in connection with a civil, criminal, administrative, or arbitral proceeding in a court or agency of this state, another state, the United States, or a political subdivision of this state or another state or before a self-regulatory body, including, but not limited to, use in connection with the service of process, investigation in anticipation of litigation, or the execution or enforcement of a judgment or order;

(e) Pursuant to an order of a court of this state, another state, the United States, or a political subdivision of this state or another state;

(f) For use in research activities or in producing statistical reports, provided the personal information is not published, re-disclosed, or used to contact an individual;

(g) For use by an insurer, insurance support organization, or self-insured entity, or by an agent, employee, or contractor of that type of entity, in connection with any claims investigation activity, anti-fraud activity, rating, or underwriting;

(h) For use in providing notice to the owner of a towed, impounded, immobilized, or forfeited vehicle;

(i) For use by any licensed private investigative agency or licensed security service for any purpose permitted under division (B)(2) of section 4501.27 of the Revised Code;

(j) For use by an employer or by the agent or insurer of an employer to obtain or verify information relating to the holder of a commercial driver's license or permit that is required under the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. 2701, et seq., as amended;

(k) For use in connection with the operation of a private toll transportation facility;

(l) For any use not otherwise identified in division (B)(2) of section 4501.27 of the Revised Code that is in response to a request for individual motor vehicle records, if the individual whose personal information is requested completes and submits to the registrar or deputy registrar a form, prescribed by the registrar by rule, giving express consent to such disclosures;

(m) For bulk distribution for surveys, marketing, or solicitations, if the individual whose personal information is requested completes and submits to the registrar or a deputy registrar a form, prescribed by the registrar by rule, giving express consent to such disclosures;

(n) For use by a person, state, or state agency that requests the information, if the person, state, or state agency demonstrates that it has obtained the written consent of the individual to whom the information pertains;

(o) For any other use specifically authorized by law that is related to the operation of a motor vehicle or to public safety.

(3) Form BMV1173 shall advise the requester that the requester must comply with the provisions of divisions (B) and (C) of section 4501.27 of the Revised Code when using, selling, or re-disclosing any personal information pertaining to an individual's driving record obtained from the BMV.

(H) Except as provided in section 4501.272 of the Revised Code, the registrar, deputy registrar, or clerk at the title office of a clerk of court of common pleas shall not ask the applicant whether he or she wishes to give express consent or medical and disability express consent, but shall provide a record confidentiality waiver form when requested by the applicant. The individual shall give his or her express consent by affirmatively marking the appropriate choice and filling out the entire form, and submitting the completed form to the registrar, deputy registrar, or clerk.

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 BMV 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 BMV in the manner prescribed by the registrar. A mail express consent and a medical and disability express consent shall take effect only after the record confidentiality waiver form is received by the BMV at its main office and is thereafter processed.

The registrar shall prescribe the record confidentiality waiver form which shall be filled out by an individual, the individual's guardian, or an attorney who presents a signed written authorization made by the individual who wishes to give express consent to the release of his or her own personal information. A supply of record confidentiality waiver forms shall be available at each office of the BMV, at each deputy registrar office, and at each title office of a clerk of court of common pleas. The form shall contain a statement that the individual's social security number and digital photo will not be disclosed even if express consent is given to release sensitive personal information. The language regarding giving express consent shall be in writing and shall appear on the record confidentiality waiver form as indicated below:

(1) The express consent language shall read substantially as follows: "The Ohio Bureau of Motor Vehicles does not release personal information to other individuals or 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 other persons or businesses or to a specific person or business for these purposes, you may do so. Do you wish to authorize the release of this information?"

(2) 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 or to a specific person or business, 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?"

(I) 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 a record confidentiality waiver form, and withdrawing his or her express consent by affirmatively marking the appropriate choice and filling out the entire form, and submitting the complete form to the registrar, deputy registrar, or clerk. Each deputy registrar and clerk of court of common pleas shall forward all completed record confidentiality waiver forms to the BMV in the manner prescribed by the registrar. A rescinded mail express consent, individual express consent, or medical and disability express consent shall take effect only after the record confidentiality waiver form is received by the BMV at its main office and is thereafter processed.

(J) An 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 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.

(K) The BMV will not give notice of nonconforming record requests as permitted by division (D) of section 4501.27 of the Revised Code, and shall regulate access to personal information as is required by section 1347.15 of the Revised Code.

Replaces: 4501:1-12-02

Effective: 05/13/2010
R.C. 119.032 review dates: 05/03/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4501.27
Rule Amplifies: R.C. 149.43 , R.C. 4501.15 , R.C. 4501.27 , R.C. 4507.53
Prior Effective Dates: 9-13-97, 9-29-99, 7-15-00, 3-27-05