Or. Admin. R. 735-010-0008

Current through Register Vol. 63, No. 5, May 1, 2024

Section 735-010-0008 - Definitions

As used in division 10 rules, the following definitions apply:

(1) "Bulk distribution" means the distribution of surveys, marketing materials and solicitations, regardless of the medium used for distribution, including but not limited to:

(a) Material distributed to a targeted group of people to tell them about the suitability or quality of a product or service;

(b) Market research which involves contacting individuals;

(c) Nonprofit entities seeking donations of labor, products or money; or

(d) Political material designed to encourage membership in a political organization, or to gain support for individuals seeking election to public office, or solicit money or labor for a political campaign or election.

(2) "Business entity" means a corporation, organization, firm, association, partnership, governmental agency, lawful commercial enterprise or other legal entity, other than an individual.

(3) "Business address" means the physical address of the place in which or from which a business entity operates.

(4) "Business name" is the name, including an abbreviation or acronym, by which a business is designated in official records and under which it conducts business.

(5) "Conducting business with DMV" includes any business with DMV that results in the creation of a customer record or change to an existing customer record.

(6) "Confidential Information" includes:

(a) A person's photograph, social security number, mother's maiden name and place of birth;

(b) Records of driver licenses, identification cards or vehicles used for undercover purposes by law enforcement, parole and probation agencies;

(c) The residence address of an individual whose address is protected by law;

(d) Medical information; and

(e) Drug test information.

(7) "County of use" means the county in which a vehicle is primarily used, when that county is:

(a) Other than the county of the owner's residence or business address; and

(b) Other than the county of the vehicle address provided to DMV.

(8) "Customer number" means the distinguishing number assigned by DMV to each individual or business entity for which a customer record has been created.

(9) "Customer record" means the computer record created by DMV at the time an individual or business entity first conducts business with DMV.

(10) "Descriptive address" means information sufficient to identify the location of a residence or business entity if there is no actual street or rural route address, or to explain where a person lives if the person has no fixed residence.

(11) "Disseminator" means a person whose primary business function is the sale or distribution of information, including personal information in response to an individual record inquiry from a person who is authorized by DMV to receive the information under ORS 802.179.

(12) "DMV" means the Oregon Department of Transportation, Driver and Motor Vehicle Services Division.

(13) "Employment address" means the address of the public agency employing a police officer or eligible public employee as provided in ORS 802.250.

(14) "Full legal name" means an individual's first name, middle name(s), and last or surname, without use of initials or nicknames.

(15) "Insurance support organization," as used in ORS 802.179(6), means a person who regularly engages in assembling or collecting information about a natural person for the primary purpose of providing the information to an insurer or insurance agent in connection with claims investigation activities, antifraud activities, underwriting or rating. "Insurance support organization" does not include an insurer, an insurance agent, a governmental institution, medical care institution or medical professional.

(16) "Legitimate business" means a lawful business enterprise operating in compliance with federal, state and local law.

(17) "Mailing address" means an address other than an actual residence or business address to which a person's or business entity's mail is delivered, including a post office box or address of a service provider.

(18) "Motor vehicle record" means any record that pertains to a grant of driving privileges, an identification card, vehicle title or vehicle registration issued by DMV. "Motor vehicle record" does not mean a record pertaining to a manufactured structure.

(19) "Person" means an individual, an organization or an entity but does not include the State of Oregon or any agency thereof.

(20) "Personal information" means the following information that identifies an individual:

(a) Driver license, driver permit, identification card or customer number;

(b) Name;

(c) Address (excluding five-digit zip code); and

(d) Telephone number.

(21) "Primary residence" means the state, jurisdiction or physical location where an individual lives, during any 12-month period, more than the individual lives elsewhere during that period.

(22) "Records list" means a list of driver or vehicle records compiled by selecting records that meet one or more general criteria, where the criteria is not specific to any one individual or vehicle. Records lists would include such things as a list of vehicle records of a given manufacturer or a list of licensed drivers over the age of 65. A records list would not include records that were selected by a specific identifier, such as an individual's driver license number or a vehicle's registration plate number.

(23) "Registration address" means the vehicle address if one is provided or if a vehicle address is not provided:

(a) The vehicle owner's residence address if the owner is an individual; or

(b) The vehicle owner's business address if the owner is other than an individual. Some examples may include a business, school district, organization or place of worship.

(24) "Residence address" means the actual address at which an individual resides more than the individual lives elsewhere during a 12-month period. If an individual resides an equal amount of time at two or more addresses, the individual must determine which address is the individual's residence address and use that as the residence address in conducting business with DMV. A residence address must not be that of a service provider, except for purposes of titling or registering a vehicle owned by the service provider or obtaining an Oregon driver license, driver permit or identification card by the service provider.

(25) "Security Question" means data or information used by DMV to authenticate the identity of a DMV customer.

(26) "Service Provider" means a business which facilitates the collection or delivery of mail, or businesses that provide vehicle registration services for another party. A mail service is considered to be a Service Provider.

(27) "Vehicle address" means the residence or business address where the vehicle is primarily housed, or from where the vehicle is primarily dispatched when different than the actual residence or business address of the owner.

Or. Admin. R. 735-010-0008

DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 6-1999, f. & cert. ef. 12-17-99; DMV 10-2000, f. & cert. ef. 9-21-00; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 6-2012, f. & cert. ef. 6-27-12; DMV 11-2018, minor correction filed 06/26/2018, effective 6/26/2018; DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021; DMV 3-2021, amend filed 01/28/2021, effective 1/28/2021

Statutory/Other Authority: ORS 184.619, 192.324, 802.179, 802.183, 803.370 & 807.050

Statutes/Other Implemented: ORS 802.175 - 802.270, 803.220, 803.370, 807.050, 807.420, 807.560, 807.725 & 821.080