Okla. Admin. Code § 260:135-7-64

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-7-64 - Confidentiality of motor vehicle information

(a)Procedure for release of vehicle and lien information. Vehicle and lien information may be released only to qualified requestors upon completion of a Vehicle Information Request form and remittance of the statutory fee. Qualified requestors of recurring data from the motor vehicle system database must complete the "Service Contract for Purchase of Oklahoma Motor Vehicle Registration (MVR) Database" with Service Oklahoma. Upon acceptance of the contract, the requested data may be provided at the appropriate processing fee established by Service Oklahoma. Requests for unique (one time) large data files from the motor vehicle system database may be made by submitting the appropriate request for information to Service Oklahoma for review. Upon approval, the requested data may be provided at the appropriate processing fee established by Service Oklahoma. Limited vehicle and lien information is available on OKCARS to Registered Lienholders and Dealers. The information released on OKCARS includes lien status, title type, title number, ownership, odometer reading, brands, title number, and vehicle information such as year, make and model.

(b)Who may obtain vehicle and lien information. Vehicle and lien information may be released to:

(1) The current owner;

(2) An individual, on behalf of the current owner, with written authorization;

(3) A licensed wrecker or towing service, for notification to owners;

(4) A legitimate business, for purposes of:

(A) Verifying the accuracy of personal information submitted to the business by the individual to whom the requested information pertains; or

(B) Obtaining correct information for purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual to whom the requested information pertains;

(5) A requestor who is to use the information in conjunction with a civil, criminal, administrative, or arbitral proceeding in a federal, state, or local court or agency, or before any self-regulatory body. Use may include service of process, investigation in anticipation of litigation, and the execution or enforcement of a judgment or order;

(6) A requestor, pursuant to an order of any court;

(7) An insurer or insurance support organization;

(8) A licensed private investigative agency or licensed security service, for purposes permitted by 47 O.S. § 1109(A);

(9) A governmental or law enforcement agency, or a court, for use in an official function;

(10) Any person compiling and publishing motor vehicle statistics, provided that names and addresses of individuals shall not be disclosed;

(11) Any motor vehicle manufacturer or an authorized representative thereof, 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 research activities, including survey research, and removal of non-owner records from the original owner records of motor vehicle manufacturers; or,

(12) For use in connection with the operation of private toll transportation facilities.

(13) For furnishing the name and address of all commercial entities who have current registrations of any particular model of vehicle; provided, this exception shall not allow the release of personal information pursuant to the provisions of the Driver's Privacy Protection Act, 18 U.S.C. §§ 2721 through 2725.

(c)Insurance information release. Insurance information, including insurer and policy number, may be released to a law enforcement officer investigating an accident pursuant to 47 O.S. § 10-104, or to a licensed Oklahoma wrecker service, when that information is needed to establish responsibility for wrecker fees.

(d)Penalties for the release of prohibited information. The release of any information not specifically authorized by statute, as described in subsections (b) and (c) of this Section, is strictly prohibited, and may be subject to penalties enumerated in 47 O.S. §1109(J).

(e)Penalties pursuant to the Driver's Privacy Protection Act. In addition to penalties provided under state law, certain provisions of federal law, under the Driver's Privacy Protection Act, may apply.

(1) Any person who violates the Driver's Privacy Protection Act (DPPA) is subject to criminal prosecution as provided in 18 U.S.C.A. § 2721, et seq.

(2) Any person who violates the Driver's Privacy Protection Act (DPPA) is subject to civil penalties of actual damages not less than $2,500.00; punitive damages, reasonable attorneys' fees, litigation costs, and such other relief the court determines to be appropriate.

(3) Any state agency violating the Driver's Privacy Protection Act (DPPA) is subject to a civil penalty of not more than $5,000.00 for each day of substantial noncompliance.

(f)Types of information released. The form, formats, media, and sources of information provided under this Section may be available for a statutorily provided fee:

(1) Current ownership or lienholder information may be provided to qualified requestors by Service Oklahoma and Licensed Operators.

(2) Computer-generated title history information may be provided by Service Oklahoma.

(3) Archived title history information may be provided by Service Oklahoma.

(4) Certified microfilm title history may be provided by Service Oklahoma.

(5) Upon presentation of a completed Vehicle Information Request Form and remittance of the applicable fee, a duplicate transaction receipt may be generated and provided to the owner of record reflected on the transaction by Service Oklahoma or a Licensed Operator.

(g)Certain information release to Licensed Operators. When required in the performance of their duties, Licensed Operators may request and receive from Service Oklahoma copies of submitted documentation relating to a transaction performed at their agency at no charge. A Licensed Operator may not assess any fee to an applicant for acquiring and/or providing to the applicant any such documentation provided at no charge to the Licensed Operator by Service Oklahoma. A Licensed Operator requesting copies of documentation from a transaction completed at another Service Oklahoma location is to be assessed the research fee provided for by 47 O.S. § 1109(B). In that event, the actual cost assessed the licensed operator by Service Oklahoma may be passed on to the requesting applicant. The Licensed Operator may not assess any additional fee for that record research and/or retrieval service.

(h)Licensed Operator access to vehicle records. Licensed Operators are prohibited from accessing and/or disclosing any vehicle ownership or lienholder information contained within the computer files or other records of Service Oklahoma, except as required in the course of performing their designated duties. Any unwarranted access to and/or disclosure of such confidential information shall be considered a breach of state and federal statutory confidentiality restrictions, enumerated above, and shall constitute grounds for revocation of the motor license agent's appointment.

Okla. Admin. Code § 260:135-7-64

Transferred from 710:60-1-3 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023