Authority
This rule is promulgated in accordance with the State
Administrative Procedures Act, section
24-4-101 et seq., C.R.S. and
adopted pursuant to the authority in sections
24-72-204,
24-72-102,
24-74-103,
24-74-105,
24-74-106,
42-1-204, and
42-1-206 (3.7) C.R.S.
Scope and Purpose
A. This rule governs annual contracts between
the department and vendors and the department and primary users for the purpose
of establishing, regulating, and maintaining the bulk electronic transfer of
Records and Information.
B. This
rule does not apply to any federal, state, or local governmental agency that
receives Records and/or Information directly from the department.
1.0
Definitions
"Colorado Drives ("DRIVES")" means the information technology
system defined in section
42-1-102 (16.5), C.R.S.
"Personal Identifying Information" ("PII") is defined in
section 24-74-102(1),
C.R.S.
"Primary User" means a person or entity having access to
DRIVES through the Third-Party Access Portal.
"Records and/or Information" means all files, updated files,
or portions thereof, including PII, that the department is permitted by law to
release through a bulk electronic transfer to the approved Vendor.
"State Agency" is a state agency as defined in section
24-74-102(3),
C.R.S.
"Sub-Vendor" means any person or entity who enters into an
agreement with the approved DMV Vendor to receive Records and/or Information
through a sub-contract.
"Third Party" is defined in section
24-74-102(5),
C.R.S.
"Vendor" is defined in section
42-1-102 (112.5), C.R.S.
2.0
Contract
Requirements
A. The department will not
transfer Information to a vendor or primary user unless the Vendor or Primary
User has executed a contract with the department in accordance with section
42-1-206 (3.7), C.R.S. and signed
a Third-Party Entity/Organization Certification for Access PII through a
database or automated network form.
B. A contract between the department and a
Vendor shall provide that the Vendor agrees not to transfer Records or
Information to a Sub-Vendor unless the Sub-Vendor has completed and the Vendor
has approved a Requestor Release and Affidavit of Intended Use (DR 2489) and a
Bulk Records and/or Crash Data Search/Transfer Application (DR 2523), in which
the Sub-Vendor has agreed that it will not use PII in a manner prohibited by
law.
C. The department may grant a
Primary User access to Records or Information only if the Primary User has
signed a Third Party Individual Certification For Access To PII through a
database or automated network form within the last calendar year, certifying
that it will not use PII for the purpose of investigating for, participating
in, cooperating with, or assisting Federal Immigration Enforcement, and that it
will not disclose personal identifying information obtained from the department
to individuals or entities engaged in investigating for, participating in,
cooperating with, or assisting in Federal immigration in a manner prohibited by
law.
|
REQUIRED: Per ยง
24-74-105 C.R.S., I agree that the
third party will not USE or DISCLOSE personal identifying information obtained
from the database or automated network for the purpose of investigating for,
participating in, cooperating with, or assisting in Federal Immigration
Enforcement, including enforcement of civil immigration laws and
8 U.S.C SEC.
1325 or
1326, unless required by Federal or
State Law or to comply with the attached court-issued subpoena, wan-ant, or
order. [] Yes [] No
|
Notes
1 CCR 204-30-14
37
CR 20, October 25,2014, effective 11/14/2014
38
CR 11, June 10, 2015, effective 6/30/2015
38
CR 12, June 25, 2015, effective 7/15/2015
38
CR 17, September 10, 2015, effective
9/30/2015
39
CR 01, January 10, 2016, effective
1/30/2016
39
CR 14, July 25, 2016, effective
8/14/2016
39
CR 15, August 10, 2016, effective
8/30/2016
39
CR 16, August 25, 2016, effective
9/14/2016
39
CR 19, October 10, 2016, effective
10/30/2016
39
CR 24, December 25, 2016, effective
1/30/2017
40
CR 20, October 25, 2017, effective
11/14/2017
40
CR 24, December 25, 2017, effective
1/14/2018
41
CR 08, April 25, 2018, effective
5/15/2018
41
CR 11, June 10, 2018, effective
6/30/2018
41
CR 17, September 10, 2018, effective
9/30/2018
41
CR 23, December 10, 2018, effective
12/30/2018
42
CR 06, March 25, 2019, effective
4/14/2019
42
CR 24, December 25, 2019, effective
1/14/2020
43
CR 12, June 25, 2020, effective
5/22/2020
43
CR 12, June 25, 2020, effective
7/16/2020
43
CR 19, October 10, 2020, effective
9/17/2020
43
CR 18, September 25, 2020, effective
10/15/2020
43
CR 23, December 10, 2020, effective
11/4/2020
43
CR 20, October 25, 2020, effective
11/15/2020
43
CR 22, November 25, 2020, effective
12/16/2020
43
CR 23, December 10, 2020, effective
12/30/2020
44
CR 01, January 10, 2021, effective
1/30/2021
44
CR 03, February 10, 2021, effective
3/2/2021
44
CR 15, August 10, 2021, effective
8/31/2021
44
CR 22, November 25, 2021, effective
12/15/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 24, December 25, 2022, effective
1/14/2023
46
CR 01, January 10, 2023, effective
1/30/2023
45
CR 22, November 25, 2022, effective
1/31/2023
46
CR 05, March 10, 2023, effective
4/3/2023
