La. Admin. Code tit. 55 § III-553

Current through Register Vol. 50, No. 11, November 20, 2024
Section III-553 - Definitions

A. As used in Subchapter B, the following terms have the meanings described below.

Assistant Secretary- the assistant secretary of the Department of Public Safety and Corrections, Public Safety Services, Office of Motor Vehicles.

Authorized Recipient- a person, corporation, partnership, limited liability company, or other business entity who has received all or part of the personal information contained in the records of an individual from the department pursuant to a written request authorized by Subchapter B, and includes any requester who is subsequently approved to receive records or personal information on individuals pursuant to a contract as provided in Subchapter B.

Consented Disclosure- personal information disclosed to a requester who has demonstrated that he has obtained the written consent of the person who is the subject of the personal information.

Department- the Department of Public Safety and Corrections, Public Safety Services, Office of Motor Vehicles.

Disclose, Disclosure- when used in the context of describing the release of personal information, the process to make known or make available personal information. The release of information through this process shall be limited to the three categories as defined in §553 as follows:

a. a consented disclosure;

b. a permitted disclosure; or

c. a required disclosure.

Motor Vehicle Record- any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration, or identification card issued by the department which contains personal information.

Permitted Disclosure- personal information that may be disclosed as follows:

a. for use by any government agency in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions;

b. for use in connection with:

i. motor vehicle or driver safety and theft;

ii. motor vehicle emissions;

iii. motor vehicle product alterations, recalls, or advisories;

iv. performance monitoring of motor vehicles, motor vehicle parts, and dealers;

v. motor vehicle market research activities, including survey research; and

vi. removal of nonowner records from the original owner records of motor vehicle manufacturers;

c. for use in the normal course of business by a legitimate business or its agents, employees, or contractors but only to verify the accuracy of personal information submitted by the individual to the business, its agents, employees, or contractors, and if such information as so submitted is not correct or is no longer correct, to obtain correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against the individual;

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, investigations in anticipation of litigation, and the execution or enforcement of judgments or orders, or pursuant to an order of a federal, state, or local court;

e. for use in research activities and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to recontact individuals;

f. for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting;

g. for use in providing notice to the owners of towed or impounded vehicles;

h. for use by licensed private investigation agency, or licensed security service for any purpose permitted under this Section;

i. for use by an employer or its agents or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986;

j. for use in connection with the operation of private toll transportation facilities;

k. for bulk distribution for surveys, marketing or solicitation if the individual has not prohibited the disclosure of the individual's personal information;

l. for use by a requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains;

m. for any other use specifically authorized by state law related to the operation of a motor vehicle or public safety.

Person- an individual or natural person, and does not include a corporation, partnership, limited liability company or other business entity.

Personal Information- all information contained in the records of the Office of Motor Vehicles that identifies a person including an individual's photograph or computerized image, Social Security number, driver's license number, name, address (but not the five digit zip code), telephone number, and medical or disability information. Personal information does not include information on vehicular accidents, driving or equipment related violations, and driver's license or registration status.

Record- all books, papers, photographs, photostats, cards, films, tapes, recordings, electronic data, computer tapes, computer disks, printouts, other documentary materials regardless of physical form or characteristics.

Redisclose, Redisclosure- when used in the context of describing the release of personal information, the disclosure by an authorized recipient of records or personal information, but only for purposes authorized by Subchapter B.

Requester- the person, corporation, partnership, limited liability company or other business entity, or any federal or state agency submitting a written or other authorized request to the department for an individual's personal information.

Required Disclosure- personal information that shall be disclosed for use 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, and removal of nonowner records from 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 Safety Act of l966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

La. Admin. Code tit. 55, § III-553

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 23:990 (August 1997).
AUTHORITY NOTE: Promulgated in accordance with R.S. 32:401 et seq., and R.S. 32:853.