29- 250 C.M.R. ch. 10, § 7

Current through 2024-50, December 11, 2024
Section 250-10-7 - Authorized disclosures

Unless prohibited by statute, personal information will be disclosed as follows:

1. Personal and sensitive personal information will be disclosed as follows:
A. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person acting on behalf of a government agency in carrying out its functions.
B. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of any court.
C. 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, anti-fraud activities, rating or underwriting.
D. For use by an employer or its agent 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 (49 U.S.C. App. 2710 et seq.).
2. Personal information, except for sensitive personal information unless the individual to whom the sensitive personal information pertains authorizes, in writing, disclosure of such information, will be disclosed as follows:
A. 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, motor vehicle parts and dealers, motor vehicle market activities, including survey research, and removal of nonowner records from the original owner records of motor vehicle manufacturers.
B. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
1 to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors, and
2 if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
C. 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 contact individuals.
D. For use in providing notice to the owners of towed or impounded vehicles.
E. For use by a licensed private investigative agency or licensed security service for any purpose permitted by this rule.
F. For use in connection with the operation of private toll transportation facilities.
G. For any other use specifically authorized by law that is related to the operation of a motor vehicle or public safety.
3. Personal information will also be disclosed as follows:
A. For bulk distribution for surveys, marketing or solicitations if the Bureau has obtained the written consent of the individual to whom such personal information pertains.
B. For any other use in response to requests for individual motor vehicle records if the Bureau obtained the written consent of the individual to whom such personal information pertains.
C. For use by any requestor, if the requestor demonstrates it has obtained the written consent of the individual to whom the information pertains.

29- 250 C.M.R. ch. 10, § 7