2016 Indiana Code TITLE 9. MOTOR VEHICLES ARTICLE 14. BUREAU OF MOTOR VEHICLES CHAPTER 13. PRIVACY AND DISCLOSURE OF BUREAU RECORDS
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IC 9-14-13
Chapter 13. Privacy and Disclosure of Bureau Records
IC 9-14-13-1
Voter registration information
Sec. 1. (a) The bureau may not compile information concerning
voter registration under this article.
(b) Voter registration information received or maintained by the
bureau is confidential.
As added by P.L.198-2016, SEC.193.
IC 9-14-13-2
Disclosure of certain information
Sec. 2. (a) The bureau shall not disclose:
(1) the Social Security number;
(2) the federal identification number;
(3) the driver's license number;
(4) the digital image of the driver's license, identification card,
or photo exempt identification card applicant;
(5) a reproduction of the signature secured under IC 9-24-9-1,
IC 9-24-16-2, or IC 9-24-16.5-2; or
(6) medical or disability information;
of any individual except as provided in subsection (b).
(b) The bureau may disclose any information listed in subsection
(a):
(1) to a law enforcement officer;
(2) to an agent or a designee of the department of state revenue;
(3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
IC 9-14-13-7(6), and IC 9-14-13-7(9); or
(4) for voter registration and election purposes required under
IC 3-7 or IC 9-24-2.5.
As added by P.L.198-2016, SEC.193.
IC 9-14-13-3
Confidential records related to law enforcement
Sec. 3. (a) If the governor, the superintendent of the state police
department, or the highest officer located in Indiana of the Federal
Bureau of Investigation, the United States Secret Service, or the
United States Treasury Department certifies to the bureau that:
(1) an individual named in the certification is an officer or
employee of a state, county, or city department or bureau with
police power;
(2) the nature of the individual's work or duties is of a secret or
confidential nature; and
(3) in the course of the individual's work the individual uses the
motor vehicle described in the certification;
the bureau shall regard all of the bureau's records concerning the
certificate of title or certificate of registration of the motor vehicle
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and the driver's license of the individual described in the certification
as confidential.
(b) The bureau may disclose the records described in subsection
(a) only upon one (1) of the following:
(1) An order of a court with jurisdiction made in a cause or
matter pending before the court.
(2) The written request of the officer, employee, or a successor
of the officer or employee making the certification.
(3) A request of the governor.
As added by P.L.198-2016, SEC.193.
IC 9-14-13-4
Registrants under the International Registration Plan
Sec. 4. (a) The department of state revenue shall adopt rules under
IC 4-22-2 providing for the release of a list of registrants under the
International Registration Plan.
(b) The list must be limited to the following:
(1) The name of the registrant.
(2) The complete address of the registrant.
(3) The number of Indiana miles, total miles, and number of
each type of vehicle registered by the registrant.
(c) The list described in this section is not confidential.
(d) Notwithstanding IC 5-14-3-8, the department of state revenue
may charge for a list of registrants under this section an amount that
is agreeable to the parties.
As added by P.L.198-2016, SEC.193.
IC 9-14-13-5
Prohibition against disclosure of personal information
Sec. 5. Except as otherwise provided in this chapter:
(1) an officer or employee of the bureau;
(2) an officer or employee of the bureau of motor vehicles
commission; or
(3) a contractor of the bureau or the bureau of motor vehicles
commission (or an officer or employee of the contractor);
may not knowingly disclose or otherwise make available personal
information, including highly restricted personal information.
As added by P.L.198-2016, SEC.193.
IC 9-14-13-6
Disclosure of certain personal information for federal purposes
Sec. 6. Personal information related to:
(1) motor vehicle or driver safety and theft;
(2) motor vehicle emissions;
(3) motor vehicle product alterations, recalls, or advisories;
(4) performance monitoring of motor vehicles and dealers by
motor vehicle manufacturers; and
(5) the removal of nonowner records from the original owner
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records of motor vehicle manufacturers;
must be disclosed under this chapter to carry out the purposes of the
federal Automobile Information Disclosure Act (15 U.S.C. 1231 et
seq.), the Anti-Car Theft Act of 1992 (49 U.S.C. 33101 et seq.), the
Clean Air Act (42 U.S.C. 7401 et seq.), and all federal regulations
enacted or adopted under those acts.
As added by P.L.198-2016, SEC.193.
IC 9-14-13-7
Disclosure of personal information other than highly restricted
personal information for certain purposes
Sec. 7. The bureau may disclose certain personal information that
is not highly restricted personal information if the person requesting
the information provides proof of identity and represents that the use
of the personal information will be strictly limited to at least one (1)
of the following:
(1) For use by a government agency, including a court or law
enforcement agency, in carrying out its functions, or a person
acting on behalf of a government agency in carrying out its
functions.
(2) For use in connection with matters concerning:
(A) motor vehicle or driver safety and theft;
(B) motor vehicle emissions;
(C) motor vehicle product alterations, recalls, or advisories;
(D) performance monitoring of motor vehicles, motor
vehicle parts, and dealers;
(E) motor vehicle market research activities, including
survey research;
(F) the removal of nonowner records from the original owner
records of motor vehicle manufacturers; and
(G) motor fuel theft under IC 24-4.6-5.
(3) For use in the normal course of business by a business or its
agents, employees, or contractors, but only:
(A) to verify the accuracy of personal information submitted
by an individual to the business or its agents, employees, or
contractors; and
(B) if information submitted to a business is not correct or is
no longer correct, to obtain the correct information only for
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 a civil, a criminal, an
administrative, or an arbitration proceeding in a court or
government agency or before a self-regulatory body, including
the service of process, investigation in anticipation of litigation,
and the execution or enforcement of judgments and orders, or
under an order of a court.
(5) For use in research activities, and for use in producing
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statistical reports, as long as the personal information is not
published, redisclosed, or used to contact the individuals who
are the subject of the personal information.
(6) For use by an insurer, an insurance support organization, or
a self-insured entity, or the agents, employees, or contractors of
an insurer, an insurance support organization, or a self-insured
entity in connection with claims investigation activities,
anti-fraud activities, rating, or underwriting.
(7) For use in providing notice to the owners of towed or
impounded vehicles.
(8) For use by a licensed private investigative agency or
licensed security service for a purpose allowed under this
section.
(9) For use by an employer or its 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. 31131 et seq.).
(10) For use in connection with the operation of private toll
transportation facilities.
(11) For any use in response to requests for individual motor
vehicle records when the bureau has obtained the written
consent of the person to whom the personal information
pertains.
(12) For bulk distribution for surveys, marketing, or
solicitations when the bureau has obtained the written consent
of the person to whom the personal information pertains.
(13) For use by any person, when the person demonstrates, in
a form and manner prescribed by the bureau, that written
consent has been obtained from the individual who is the
subject of the information.
(14) For any other use specifically authorized by law that is
related to the operation of a motor vehicle or public safety.
However, this section does not affect the use of anatomical gift
information on a person's driver's license or identification document
issued by the bureau, nor does this section affect the administration
of anatomical gift initiatives in Indiana.
As added by P.L.198-2016, SEC.193.
IC 9-14-13-8
Disclosure of highly restricted personal information
Sec. 8. Highly restricted personal information may be disclosed
only as follows:
(1) With the express written consent of the person to whom the
highly restricted personal information pertains.
(2) In the absence of the express written consent of the person
to whom the highly restricted personal information pertains, if
the person requesting the information:
(A) provides proof of identity; and
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(B) represents that the use of the highly restricted personal
information will be strictly limited to at least one (1) of the
uses set forth in section 7(1), 7(4), 7(6), and 7(9) of this
chapter.
As added by P.L.198-2016, SEC.193.
IC 9-14-13-9
Conditions for disclosure of personal information
Sec. 9. The bureau may, before disclosing personal information,
require the requesting person to satisfy certain conditions for the
purpose of ascertaining:
(1) the correct identity of the requesting person;
(2) that the use of the disclosed information will be only as
authorized; or
(3) that the consent of the person who is the subject of the
information has been obtained.
The conditions may include the making and filing of a written
application on a form prescribed by the bureau and containing all
information and certification requirements required by the bureau.
As added by P.L.198-2016, SEC.193.
IC 9-14-13-10
Permissible uses of personal information by an authorized
recipient
Sec. 10. (a) An authorized recipient of personal information,
except a recipient under section 7(11) or 7(12) of this chapter, may
resell or redisclose the information for any use allowed under section
7 of this chapter, except for a use under section 7(11) or 7(12) of this
chapter.
(b) An authorized recipient of a record under section 7(11) of this
chapter may resell or redisclose personal information for any
purpose.
(c) An authorized recipient of personal information under
IC 9-14-12-8 and section 7(12) of this chapter may resell or
redisclose the personal information for use only in accordance with
section 7(12) of this chapter.
(d) Except for a recipient under section 7(11) of this chapter, a
recipient who resells or rediscloses personal information is required
to maintain and make available for inspection to the bureau, upon
request, for at least five (5) years, records concerning:
(1) each person that receives the information; and
(2) the permitted use for which the information was obtained.
As added by P.L.198-2016, SEC.193.
IC 9-14-13-11
Violation
Sec. 11. A person requesting the disclosure of personal
information or highly restricted personal information from bureau
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records who knowingly or intentionally misrepresents the person's
identity or makes a false statement to the bureau on an application
required to be submitted under this chapter commits a Class C
misdemeanor.
As added by P.L.198-2016, SEC.193.
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