Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-8-6 - Disclosure of Records that contain personal information6.1. Verbal Requests. The Division may not disclose records that contain personal information upon verbal request.6.2. Written Requests. The Division shall disclose records that contain personal information if the request is in writing on a form prescribed by the Division, if the request is for a legitimate purpose, if the requestor pays the required fees, and if the requestor provides proper identification. Records shall be disclosed only to required users, consensual users, or permitted users pursuant to the Act. 6.2.a. Permitted Users. 1. Requestors may obtain their own driver records at any branch office of the Division. All other requests must be processed through the Charleston Capitol office at the following address: Attention: Driver Records
WVDMV
1800 Kanawha Blvd., E
Charleston, WV 25317
2. Obtaining Another Person's Driver's License Records. All driver records released will cover a five-year period. Courts, law enforcement agencies, government agencies, and employers may request records covering a longer period.3. Requesting Vehicle Records. Requestors may obtain their own vehicle records and other persons' vehicle information, if permitted, by sending a written request to the Charleston Capitol office at the following address: Attention: Vehicle Records
WVDMV
1606 Washington Street, E
Charleston, WV 25317
6.2.b. Bulk Sales. The Division shall disclose personal information in bulk to required or permitted users only after review by the Division and only after the requestor has: 1. Completed and submitted a letter of intent. The letter of intent shall specify that personal information will be used only in accordance with the Act; and it shall specify the section of the Act that qualifies the requestor as either a required user, a consensual user, or a permitted user;2. Completed and submitted a contract prescribed by the Division; and3. Submitted the appropriate fees.6.2.c. Non-Permitted Users. The Division may release records that contain personal information to non-permitted users under the Act if all personal information has been obscured or redacted. Any requestor who wants copies of another person's personal information, including copies of records about their immediate family members, may be able to obtain this information only if:1. The Division has a completed Opt-in form from the person who is the subject of the request; or2. The requestor is a consensual user as defined by W. Va. Code § 17A-2A-6.6.2.d. Opt-In. The Division shall disclose all personal information about a person to any requestor if the person about whom the information is requested has signed and submitted a written consent form, or opt-in form, allowing the Division to disclose personal information for any purpose. 6.3. Nondisclosure of Records. 6.3.a. The Division shall not disclose personal information contained in records if the Division has reasonable grounds to believe that the information will not be used for a legitimate purpose.6.3.b. The Division shall not disclose personal information to satisfy curiosity, for marketing purposes, for solicitations or for any purpose not permitted under the Act.6.3.c. The Division shall not disclose personal information to the media since the media are not required users, permitted users, or consensual users under the Act.6.3.d. The Division shall not disclose finger images collected by the Division except for issuing and processing driver's licenses and any legal process associated with issuing and processing driver's licenses.6.3.e. The Division shall not disclose personal information by facsimile machine unless the request is made pursuant to the Act and all appropriate fees have been received.6.3.f. The Division shall not disclose information contained in motor vehicle dealership files maintained by the Division pursuant to W. Va. Code § 17A-6-4, except by valid subpoena or court order.6.3.g. The Division shall not disclose medical or disability records to any person except a consensual user; a required user with statutory requirements and authority for the use of medical or disability records; the Division's driver's license advisory board; a reviewing court, pursuant to a valid subpoena pursuant to a valid Supreme Court or Circuit Court order.6.3.h. Message Forwarding. -- The Division shall not disclose personal information if the requester is not a permitted user, a required user, or a consensual user. However, the Division may send a message to the person about whom the personal information pertains. The requestor shall fill out a form prescribed by the Division, write a message on the form and pay the appropriate, nonrefundable fee. The Division shall forward the message to the last known address in its records. The Division shall not guarantee a response. The Division may refuse to send the message if it contains offensive language, threats, language that may incite violence, or any language that may induce or assist in criminal activities.6.3.i. The Division shall not disclose social security numbers or credit card numbers except pursuant to federal law, West Virginia law, a valid court order, a valid subpoena, or a valid government agency request on agency letterhead that includes statutory authority for the release of the social security number or credit card number.