Okla. Admin. Code § 260:135-1-4
Current through Vol. 42, No. 4, November 1, 2024
Section 260:135-1-4 - Records subject to restrictions(a) Service Oklahoma is a "state department of motor vehicles", as used in the Drivers Privacy Protection Act ("DPPA"), 18 U.S.C. § 2721et seq. The DPPA places restrictions on the access to and disclosure of records.(b) Pursuant to 47 O.S. §3-107, records of Service Oklahoma shall not be subject to the provisions of: (1) 67 O.S. §§ 305 through 317 or be transferred to the custody or control of the State Archives Commission;(3) The Records Management Act, 67 O.S. §§201 through 215.(c) In addition to terms defined in Title 47 of the Oklahoma Statutes, the following words or terms, when used in this subchapter, shall have the following meaning, unless otherwise defined or where the context clearly indicates otherwise. Use of the singular term includes the plural and use of the plural term includes the singular. (1)"Ancillary record" means any record that is routine in nature, having no material connection with a motor vehicle record, the transaction of public business, the expenditure of public funds or the administering of public property. Such records have neither evidential value nor information value beyond the immediate use for which the record was created or received.(2)"DPPA" means the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721et seq.(3)"Motor vehicle report", pursuant to 47 O.S. §6-117(D), is defined as a summary of the driving record of the person, including the enumeration of any motor vehicle collisions, reference to convictions for violations of motor vehicle laws, and any action taken against the privilege of the person to operate a motor vehicle, as shown by the files of the Department for the three (3) years preceding the date of the request.(A) A motor vehicle report shall also include a report which indicates that no driving record is on file with Service Oklahoma based on the information in the request for a motor vehicle report.(B) A motor vehicle report shall not include any driving index required to be prepared and maintained by Service Oklahoma pursuant to 47 O.S. §6-117(A).(4)"Personal information", pursuant to 47 O.S. §2-110 and 18 U.S.C. § 2725, means information that identifies a person including but not limited to the person's: (C) social security number,(D) residence or mailing address,(E) medical or disability information,(F) driver identification number,(5)"Record" means all documents including but not limited to any book, paper, photograph, microfilm, data files created y or used with computer software, computer tape, disk, record, sound recording, film recording, video record, or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of Service Oklahoma, or its representatives in connection with the transaction of public business, the expenditure of public funds or the administering of public property. Any document or other material specifically excluded from the definition of "Record" in the Oklahoma Open Records Act, 51 O.S. §21A et seq., shall not be considered a "record" under this definition.(d) Records that are required by law to be confidential shall not be disclosed or open to inspection. In addition, Service Oklahoma may deny access to records, except where a court finds that the public interest or the interest of the individual outweighs the reason for denial and may deny access to records where disclosure is discretionary pursuant to state and/or federal law. Records not open for inspection include, but are not limited to: (1) Except where authorized by state and/or federal law, any record in connection with a motor vehicle report;(2) Except where authorized by state and/or federal law, personal information within the driving record.Okla. Admin. Code § 260:135-1-4
Adopted by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023