Statute: 60-2901
HEADING Chapter 60. Motor Vehicles.
CATCHLINE Act, how cited.
LAW 60-2901. Sections 60-2901 to 60-2913 shall be known
and may be cited as the Uniform Motor Vehicle Records Disclosure
Act.
Statute: 60-2902
HEADING Chapter 60. Motor Vehicles.
CATCHLINE Purpose of act.
LAW 60-2902. The purpose of the Uniform Motor Vehicle
Records Disclosure Act is to implement the federal Driver's
Privacy Protection Act of 1994, Title XXX of Public Law 103-322,
in order to protect the interest of individuals in their personal
privacy by prohibiting the disclosure and use of personal
information contained in their motor vehicle records except as
authorized by such individuals or by law.
Statute: 60-2903
HEADING Chapter 60. Motor Vehicles.
CATCHLINE Legislative findings and intent.
LAW 60-2903. (1) The Legislature hereby finds that the
federal Driver's Privacy Protection Act of 1994, with an
effective date of September 13, 1997, provides for mandatory
release in some instances and restrictions on release and use in
other instances of certain personal information from state motor
vehicle records and also provides numerous exceptions from those
restrictions. Some of the exceptions are dependent on state
legislation, and the purpose of the Uniform Motor Vehicle Records
Disclosure Act is to enact choices permitted under the federal
legislation in the interest of ensuring that motor vehicle record
information which is a matter of public record shall remain a
matter of public record in this state to the maximum extent
permitted under the federal law.
(2) The Legislature intends that to the extent
permitted by the federal law, Nebraska law pertaining to motor
vehicle records should continue to recognize such records as
public records to the extent it has done so prior to the
effective date of the federal legislation and the terms of the
Uniform Motor Vehicle Records Disclosure Act should be construed
liberally to effect that purpose.
Statute: 60-2904
HEADING Chapter 60. Motor Vehicles.
CATCHLINE Terms, defined.
LAW 60-2904. For purposes of the Uniform Motor Vehicle
Records Disclosure Act:
(1) Department means the Department of Motor Vehicles
or the duly authorized agents or contractors of the department
responsible to compile and maintain motor vehicle records;
(2) Disclose means to engage in any practice or conduct
to make available and make known personal information contained
in a motor vehicle record about a person to any other person,
organization, or entity by any means of communication;
(3) Individual record means a motor vehicle record
containing personal information about a designated person who is
the subject of the record as identified in a request;
(4) Motor vehicle record means any record that pertains
to a motor vehicle operator's or driver's license or permit,
motor vehicle registration, motor vehicle certificate of title,
motorboat certificate of title, or state identification card
issued by the department or any other state or local agency
authorized to issue any of such forms of credentials;
(5) Person means an individual, organization, or
entity; and
(6) Personal information means information that
identifies a person, including an individual's photograph or
computerized image, social security number, driver identification
number, name, address excluding zip code, telephone number, and
medical or disability information, but does not include
information on vehicular accidents, driving or equipment-related
violations, and driver's license or registration status.
Statute: 60-2905
HEADING Chapter 60. Motor Vehicles.
CATCHLINE Disclosure of personal information prohibited.
LAW 60-2905. Notwithstanding any other provision of state
law to the contrary, except as provided in sections 60-2906 and
60-2907, the department and any officer, employee, agent, or
contractor of the department shall not disclose personal
information about any person obtained by the department in
connection with a motor vehicle record.
Statute: 60-2906
HEADING Chapter 60. Motor Vehicles.
CATCHLINE Personal information; disclosure pursuant to federal law.
LAW 60-2906. Personal information referred to in section
60-2905 shall be disclosed by the department or any officer,
employee, agent, or contractor of the department to carry out the
purposes of Titles I and IV of the Anti-Car Theft Act of 1992, 15
U.S.C. 2021 et seq., the Automobile Information Disclosure Act,
15 U.S.C. 1231 et seq., the Clean Air Act, 42 U.S.C. 7401 et
seq., and 49 U.S.C. chapters 301, 305, and 321 to 331, as
amended, and all federal regulations enacted or adopted to
implement such federal laws.
Statute: 60-2907
HEADING Chapter 60. Motor Vehicles.
CATCHLINE Motor vehicle record; disclosure; authorized purposes.
LAW 60-2907. The department and any officer, employee,
agent, or contractor of the department having custody of a motor
vehicle record shall, upon the verification of identity and
purpose of a requester, disclose and make available the requested
motor vehicle record, including the personal information in the
record other than the social security number, for the following
purposes:
(1) For use by any federal, state, or local
governmental agency, including any court or law enforcement
agency, in carrying out the agency's functions or by a private
person or entity acting on behalf of a governmental agency in
carrying out the agency's functions;
(2) 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 research activities, including survey
research; and removal of nonowner records from the original owner
records of motor vehicle manufacturers;
(3) For use in the normal course of business by a
legitimate business or its agents, employees, or contractors but
only:
(a) To verify the accuracy of personal information
submitted by the individual to the business or its agents,
employees, or contractors; and
(b) If such information as so submitted is not correct
or is no longer correct, to obtain the correct information, but
only for the purposes of preventing fraud by, pursuing legal
remedies against, or recovering on a debt or security interest
against, the individual;
(4) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any federal, state, or
local court or governmental agency or before any self-regulatory
body, including service of process, investigation in anticipation
of litigation, and execution or enforcement of judgments and
orders, or pursuant to an order of a federal, state, or local
court, an administrative agency, or a self-regulatory body;
(5) 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;
(6) 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;
(7) For use in providing notice to the owners of
abandoned, towed, or impounded vehicles;
(8) For use only for a purpose permitted under this
section either by a private detective, plain clothes
investigator, or private investigative agency licensed under
sections 71-3201 to 71-3213;
(9) For use by an employer or the employer's 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.,
or pursuant to sections 60-4,132 and 60-4,141;
(10) For use in connection with the operation of
private toll transportation facilities;
(11) For any use by a requester of an individual motor
vehicle record if the individual who is the subject of the record
being requested has not expressly prohibited such disclosure by
filing a request on a form prescribed by the department;
(12) For bulk distribution for surveys of, marketing
to, or solicitations of persons who have not prohibited such
disclosure by filing a request on a form prescribed by the
department and if the information will be used, rented, or sold
solely for bulk distribution for surveys, marketing, or
solicitations and the surveys, marketing, or solicitations will
not be directed at those individuals who have requested in a
timely fashion on such form that the surveys, marketing, or
solicitations will not be directed at them;
(13) For any use if the requester has obtained the
notarized written consent of the individual who is the subject of
the personal information being requested and has provided proof
of receipt of such written consent to the department or an
officer, employee, agent, or contractor of the department;
(14) For use, including redisclosure through news
publication, of a member of a medium of communication as defined
in section 20-145 who requests such information in connection
with preparing, researching, gathering, or confirming news
information involving motor vehicle or driver safety or motor
vehicle theft; and
(15) For any other use specifically authorized by law
that is related to the operation of a motor vehicle or public
safety.
Statute: 60-2908
HEADING Chapter 60. Motor Vehicles.
CATCHLINE Fees.
LAW 60-2908. Disclosure of personal information required
or permitted under section 60-2906 or 60-2907 shall be subject to
payment by the requester to the department of all fees for the
information prescribed by statute.
Statute: 60-2909
HEADING Chapter 60. Motor Vehicles.
CATCHLINE Conditions for disclosure.
LAW 60-2909. In addition to provision for payment of
applicable fees, the department may, prior to the disclosure of
personal information as permitted under section 60-2906 or
60-2907, require the meeting of conditions by the requester for
the purposes of obtaining reasonable assurance concerning the
identity of the requester and, to the extent required, that the
information will only be used as authorized or that the consent
of the person who is the subject of the information has been
obtained. Such conditions shall include, but need not be limited
to, the making and filing of a form containing such information
and verification as the department may prescribe.
Statute: 60-2910
HEADING Chapter 60. Motor Vehicles.
CATCHLINE Resale or redisclosure of information.
LAW 60-2910. (1) An authorized recipient of personal
information disclosed under section 60-2906 or 60-2907, except a
recipient under subdivision (11) or (12) of section 60-2907, may
resell or redisclose the information only for the uses permitted
under section 60-2907, but not including the use for bulk
distribution for surveys, marketing, or solicitations as set
forth in subdivision (12) of such section.
(2) An authorized recipient of an individual record or
records under subdivision (11) of section 60-2907 may resell or
redisclose personal information for any purpose.
(3) An authorized recipient of personal information for
bulk distribution for surveys, marketing, or solicitations under
subdivision (12) of section 60-2907 may resell or redisclose
personal information only in accordance with the terms of such
subdivision concerning the right of individuals who have so
requested in a timely manner not to have such surveys, marketing,
or solicitations directed at them.
(4) An authorized recipient, except a recipient of an
individual record or records under subdivision (11) of section
60-2907, who resells or rediscloses personal information shall
(a) make and keep for a period of not less than five years
records identifying each person who received personal information
from the authorized recipient and the permitted purpose for which
it was obtained and (b) make such records available for
inspection and copying by a representative of the department upon
request.
(5) The department may implement any safeguard which
the department considers reasonable or necessary, including a
bond requirement, in a memorandum of understanding executed under
this section to ensure that the information provided or sold is
used only for a permissible purpose and that the rights of
individuals and the interest of the state are protected.