The Driver's Privacy Protection Act of 1994 is a United States federal statute governing the privacy and disclosure of personal information gathered by state

U.S. state

A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 Departments of Motor Vehicles

Department of Motor Vehicles

In the United States of America, a Department of Motor Vehicles is a state-level government agency that administers vehicle registration and driver licensing. Similar departments exist in Canada...

. The law was passed in 1994; it was introduced by Rep. Jim Moran

Jim Moran

James Patrick "Jim" Moran, Jr. is the U.S. Representative for , serving since 1991. He is a member of the Democratic Party. The district is located in Northern Virginia and includes the cities of Falls Church and Alexandria, all of Arlington County, and a portion of Fairfax County.Jim Moran was...

 in 1992, after an increase in opponents of abortion rights using public driving license databases to track down and harass abortion providers and patients, most notably besieging Susan Wicklund

Susan Wicklund

Susan Wicklund is an American abortion provider. She is the sole provider in many areas of the midwestern United States and, as such, has been a prominent target of violence and harassment from opponents of abortion rights....

's home for a month and following her daughter to school. It is currently codified at Chapter 123 of Title 18 of the United States Code.

Substantive provisions of the act

The statute prohibits the disclosure of personal information (as defined in ) without the express consent of the person to whom such information applies, with the exception of certain circumstances set forth in . These rules apply to Departments of Motor Vehicles as well as other "authorized recipient[s] of personal information", and imposes record-keeping requirements on those "authorized recipients".

The permissible uses are:

1. For any government agency to carry out its functions
2. For use in connection with "matters of motor vehicle or driver safety and theft", including
   1. disclosure "in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers"
   2. removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, the Motor Vehicle Information and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act
      Clean Air Act
      A Clean Air Act is one of a number of pieces of legislation relating to the reduction of airborne contaminants, smog and air pollution in general. The use by governments to enforce clean air standards has contributed to an improvement in human health and longer life spans...
      
      
3. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only to:
   1. verify the accuracy of personal information
   2. correct information
4. For use in connection with any matter before a court or arbitration proceeding.
5. For producing statistical reports and other research, provided that personal information is not published.
6. For use by insurance companies.
7. For providing notice to owners of towed vehicles.
8. For use by licensed private investigation agencies, for a permitted DPPA use.
9. For use by employers.
10. For use by private toll transportation facilities.
11. For response to requests from motor vehicle departments.
12. For the bulk distribution or surveys, marketing materials, or solicitations (opt-in
    Opt in e-mail
    Opt in email is a term used when someone is given the option to receive "bulk" email, that is, email that is sent to many people at the same time. Typically, this is some sort of mailing list, newsletter, or advertising...
    
     only).
13. When written consent of the individual is provided.
14. For other users specifically authorized by state laws.

The act also makes it illegal to obtain drivers' information for unlawful purposes or to make false representations to obtain such information. The act establishes criminal fines for noncompliance, and establishes a civil cause of action

Cause of action

In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...

 for drivers against those who unlawfully obtain their information.

Legislative history

The bill was introduced simultaneously during the 103rd United States Congress

103rd United States Congress

- House of Representatives :- Leadership :- Senate :* President: Dan Quayle , until January 20, 1993** Al Gore , from January 20, 1993* President pro tempore: Robert Byrd - Majority leadership :* Majority Leader: George Mitchell...

 in the House of Representatives

United States House of Representatives

The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 (as H.R. 3365) and the Senate

United States Senate

The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 (as S. 1589 on 26 October 1993. It was eventually signed by President

President of the United States

The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 Bill Clinton

Bill Clinton

William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

 as part of Public Law 103-322 on 13 September 1994.

The statute's constitutionality

Constitutionality

Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...

 was upheld by the U.S. Supreme Court

Supreme Court of the United States

The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 against a Tenth Amendment

Tenth Amendment to the United States Constitution

The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...

 challenge in Reno v. Condon

Reno v. Condon

Reno v. Condon, 528 U.S. 141 , was a case in which the Supreme Court of the United States upheld the Driver's Privacy Protection Act of 1994 against a Tenth Amendment challenge.-Facts and procedural history:...

.

External links

• Information on the DPPA at the Electronic Privacy Information Center
  Electronic Privacy Information Center
  Electronic Privacy Information Center is a public interest research group in Washington, D.C. It was established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values in the information age...
  
  .