How Information is Protected or Disclosed

When the DMV collects personal information from you, state law (Civil Code section 1798.17) requires the DMV to notify you about the principal purpose(s) for which that information is to be used and any known or foreseeable disclosures which may be made of the information collected where the disclosure of such information to a governmental entity is either necessary for it to perform its duties or is required by law. For example, the DMV provides the notice on your Driver License/Identification (DL/ID) Card Application.

Laws that Protect or Require the Release of DMV Information

There are numerous laws that govern how DMV information is protected or disclosed. DMV complies with the Information Practices Act of 1977, the Driver’s Privacy Protection Act, and the Vehicle Code.

Under the Information Practices Act of 1977 (IPA), an agency shall not disclose any personal information in a way that would link the information to the individual to whom it pertains, with certain exceptions (Civil Code 1798.24).

Additionally, the federal Driver’s Privacy Protection Act (DPPA) requires all States to protect the privacy of personal information contained in a person’s motor vehicle record.

Under the Information Practices Act, “personal information” is information that “identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history.” Under the Driver’s Privacy Protection Act, “personal information” is information that identifies an individual, including an individual’s photograph, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information. Information regarding official government actions relating to a person’s driving privilege, such as records of convictions, driving violations, accidents, driver’s status, driver license suspensions, and revocations of the driving privilege, are open to public inspection under Vehicle Code section 1808 and are not a driver’s “personal information.”

There may also be other California laws and Vehicle Code statutes that protect specific types of information.

However, there are a number of exceptions to the laws that protect your personal information. For example, a person’s public driving record contains some personal information (your name, date of birth, driver’s license number, and physical description), but may be disclosed under various circumstances under the DPPA and Vehicle Code, such as to any federal, state or local agency in carrying out its functions.

• Authorized law enforcement agencies may access driver record information as part of an ongoing investigation. However, the databases available to law enforcement do not indicate under what CVC section a DL was issued, nor do they include any of the identification documents used to obtain a DL.

The DPPA limits the use of a person’s motor vehicle record to certain purposes. These purposes are listed in Title 18, United States Code (USC), Section 2721, and include:

• Carrying out government agency functions, including courts and law enforcement.
• Use in matters of motor vehicle safety, theft, emissions, product recalls.
• Motor vehicle market research and surveys.
• Legitimate business needs in transactions initiated by the individual to verify the accuracy of personal information.
• Use in connection with a civil, criminal, administrative, or arbitral proceeding.
• Research activities and statistical reports, so long as the personal information is not redisclosed or used to contact individuals.
• Insurance activities.

Specific Types of Information in DMV Records

Below are the applicable laws that govern how specific types of information is protected or disclosed:

• Physical or Medical information is confidential pursuant to California Vehicle Code(Veh. Code) Section 1808.5 and is not disclosed outside of the department, unless authorized by the person or by law (DMV vs. Superior Court (Carmona), 100 Cal. App. 4th 363).
• Residence Address in any record of the department is confidential pursuant to Veh. Code Section 1808.21, and is not disclosed outside of the department, except as authorized under the following:
  • courts, law enforcement, and other government entities (Veh. Code 1808.21)
  • financial institutions, insurance companies, and attorneys in a case that directly involves the use of a motor vehicle (Veh. Code 1808.22)
  • vehicle manufacturers or its agents for safety, warranty, emissions, or product recall purposes; vehicle dealers or it agents to complete a registration transaction; utility companies for identifying where an electric vehicle is registered; and statistical purposes (Veh. Code 1808.23)
  • accredited, degree-granting, nonprofit independent institution of higher education with a memorandum of understanding with local law enforcement for the sole purpose of parking enforcement (Veh. Code 1808.25)
  • Attorney general, district attorneys, and law enforcement agencies
  • Public defenders and public defender investigators
  • Individuals requesting a copy of their own photograph
  • An individual who has a written authorization from the individual whose photograph is requested
  • In response to a subpoena which specifically requests the photograph
  • A member of the immediate family after verification of death from the coroner’s office located in the county where the death occurred
  • Pursuant to Veh. Code 16005, the specified information may be given to any person having a proper interest in the information, including:
    • The driver or drivers involved, or the employer, parent, or legal guardian thereof.
    • The authorized representative of any person involved in the accident.
    • Any person injured in the accident.
    • The owners of vehicles or property damaged in the accident.
    • Any law enforcement agency.
    • Any court of competent jurisdiction.
    • A court of competent jurisdiction.
    • A law enforcement or other governmental agency.
    • An insurance company or its assigns to verify a record the company or its assigns previously submitted to the department.
    • A person whose vehicle or property has been involved in an accident reported to the department, or who suffered bodily injury or death in an accident reported to the department, or the person’s authorized representative, employer, parent, or legal guardian.
    • The driver or drivers involved, or the employer, parent, or legal guardian thereof.
    • The authorized representative of any person involved in the accident.
    • Any person injured in the accident.
    • The owners of vehicles or property damaged in the accident.
    • Any law enforcement agency.
    • Any court of competent jurisdiction.
    • The Franchise Tax Board for tax administration purposes.
    • Any agency operating pursuant to Title 42, United States Code, Part A or Part D of Subchapter IV of Chapter 7 (commencing at Section 601 et seq.) for the purpose of collecting money owed in connection with the programs for Temporary Assistance for Needy Families and Child Support/Establishment of Paternity.

    Government and Commercial Requesters

    Vehicle Code Sections 1810 and 1810.2 allow government and commercial requesters who have been issued a requester code by the department to obtain DMV public record information for a governmental or legitimate business use without notifying you.

    • Other State departments request information for legitimate government purposes:
      • Board of Equalization may request information to resolve delinquent taxes.
      • California Teachers’ Retirement System may request information to obtain correct contact information for retirees.
      • Department of Public Health may request information for inquiries pertaining to deceased individuals.
      • Department of Real Estate may request information for the purpose of enforcing real estate law.
      • Employment Development Department may request information for legitimate business needs such as processing state disability insurance.
      • Franchise Tax Board may request information to resolve delinquent taxes.
      • Child Support Services may request information to locate parents who owe child support and to validate the driver license number.

      Databases

      DMV information may be used or shared through a number of databases or systems, as authorized by law:

      • Commercial Driver License Information System (CDLIS)
        • The Commercial Driver’s License Information System (CDLIS) is a nationwide computer system that enables state driver licensing agencies to ensure that each commercial driver has only one driver’s license and one complete driver record. State driver licensing agencies use CDLIS to complete various procedures, including:
          • Transmitting out-of-state convictions and withdrawals
          • Transferring the driver record when a commercial driver’s license holder moves to another state
          • Responding to requests for driver status and history
          • The National Driving Registry (NDR) is a computerized database of information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as driving while impaired by alcohol or drugs. State motor vehicle agencies provide NDR with the names of individuals who have lost their privileges or who have been convicted of a serious traffic violation.
          • DMV checks for driving record status in other jurisdictions through the National Driver Registry prior to issuance of a California driver license. You will not be issued a California driver license if another jurisdiction has withdrawn your driving privilege.
          • The Problem Driver Pointer System (PDPS) is a system that allows jurisdictions and other organizations to search the National Driver Registry (NDR) data. Based on information received as a result of an NDR search, PDPS “points” the inquiring jurisdiction to the State of Record (SOR), where an individual’s driver status and history information is stored. Based on the information received from the SOR, the issuing state decides if the applicant is eligible to receive a new or renewed driver license.
          • PDPS is developed and maintained by the National Driver Register organization, which is part of the U.S. Department of Transportation, National Highway Transportation Safety Administration (NHTSA).

          Personal Information Collected from Credit/Debit Card Transactions

          DMV uses a credit/debit card processing company to process credit/debit card transactions for services, and does not retain, share, store or use personal information for any other purpose except pursuant to a search warrant, subpoena, court order, or investigation of a crime. For making payments using our site, you must provide your name as printed on your credit/debit card, as well as your card type, card number, expiry date, security code, and zip code. DMV uses industry standard safeguards to protect the financial information we collect.

          Privacy Policy

          For more information, visit DMV’s Privacy Policy page.

          Questions

          For questions, contact:

          Department of Motor Vehicles
          ATTN: Chief Privacy Officer M/S F127
          PO Box 932328
          Sacramento, CA 94232-3280