(A) As used in this rule:
(1) "Personal information" means information
contained in a motor vehicle record that identifies an individual person,
including but not limited to, the person's photograph, digital image,
digitalized photograph, social security number, driver or driver's license
identification number, name, date of birth, telephone number, medical or
disability information, or a person's address other than the county and
five-digit zip code. "Personal information" does not include information
pertaining to a vehicular accident, driving or traffic violation, or driver's
status, or a name that is provided by the requester.
(2) "Motor vehicle record" means a record
that pertains to a driver's or commercial driver's license or permit, an
identification card, a certificate of title, a motor vehicle registration, or
motor vehicle identification license plates, including an enumeration of the
motor vehicle accidents in which the driver has been involved, except accidents
certified in division (D) of section
3937.41 of the Revised Code, and
the driver's record of convictions for violation of the motor vehicle
laws.
(3) "Requester" means a
person who requests release of a motor vehicle record.
(4) "Application" means an application for a
driver's or commercial driver's license or permit, an identification card, a
certificate of title, or a motor vehicle registration regardless of whether it
is made to the bureau of motor vehicles (BMV), a deputy registrar, or a clerk
of court of common pleas, and regardless of whether it is made in person with
the assistance of a clerk, by mail, or by any other permissible
means.
(5) "Applicant" means a
person who submits an application.
(6) "Express consent" means an affirmative
choice on a "Record Confidentiality Waiver," form "BMV2095,"
(8/12) which may be obtained via the BMV's
website at
http://publicsafety.ohio.gov/links/bmv2095.pdfhttps://www.bmv.ohio.gov/doc-forms.aspx
by an applicant or other person regarding whom the BMV has a motor vehicle
record to authorize disclosure by the BMV, a deputy registrar, or a clerk of
court of common pleas of his or her personal information in response to a
request under section
4501.27 of the Revised Code.
"Express consent" is also known as "opt-in."
(7) "Medical and disability information
express consent" means an affirmative choice on form "BMV2095" by an applicant
or other person regarding whom the BMV has a motor vehicle record to authorize
disclosure by the BMV, a deputy registrar, or a clerk of court of common pleas
of his or her medical and disability information in response to a motor vehicle
record request under section
4501.27 of the Revised Code.
"Medical and disability information express consent" is also known as "medical
and disability information opt-in."
(8) "Sensitive personal information" means an
individual's photograph, digital image, digitalized photograph, social security
number, or medical or disability information.
(9) "Deputy registrar" means a person
appointed in accordance with section
4503.03 of the Revised
Code.
(10) "BMV record account
holder" means a requester who has entered into a memorandum of understanding or
contract with the Ohio department of public safety, bureau of motor vehicles,
for the release of information.
(11) "Bulk request" means a request for
copies of an entire set or subset of the database of motor vehicle records
maintained by the BMV.
(B) Except as provided for by this rule, the
registrar of motor vehicles, and any employee or contractor of the BMV,
shall
will not
knowingly disclose or otherwise make available to any person or entity any
personal information about an individual that the BMV obtained in connection
with a motor vehicle record.
(C)
Pursuant to section
149.43 of the Revised Code, the
BMV
shall
may
disclose personal information and/or sensitive personal information if the
requester is eligible under division (B)(2) or (B)(3) of section
4501.27 of the Revised Code and
disclosure is not prohibited by section
4501.15, section
4507.53, or another section of
the Revised Code, other state law, the "Federal Driver's Privacy Protection Act
of 1994", 18 U.S.C.
2721 et seq., as amended, which may be
obtained through the "U.S. Government Publishing Office" at
http://gpo.gov, or other federal law.
Notwithstanding any other provision in this section, sensitive
personal information about an individual shall
may not be
disclosed unless the requirements of division (B)(3)(a) of section
4501.27, and division (B) of
section 4501.15, and section
4507.53 of the Revised Code are
met.
(D) A requester,
including a BMV record account holder with the BMV, may request release of a
motor vehicle record pertaining to a specified person by either submitting a
public records request or by completing an "OBMV Record Request," form
"BMV1173,"
(July, 2014)
(1/23), which may be obtained via the BMV's website at
http://publicsafety.ohio.gov/links/bmv1173pdfhttps://www.bmv.ohio.gov/doc-forms.aspx
and submitting any required documentation.
(1)
Upon the receipt of a public records request, the BMV will promptly prepare and
make available for inspection a motor vehicle record to any person at all
reasonable times during regular business hours, or
shall
may make copies
of the motor vehicle record available at cost within a reasonable period of
time.
(a) The BMV will not provide personal
information in response to a public records request for a motor vehicle record.
The BMV will provide a redacted copy of the motor vehicle record.
(b) A requester will be charged the
appropriate fees statutorily authorized in section
149.43, section
4503.26, section
4505.14, section
4506.08, or section
4509.05 of the Revised
Code.
(c) The BMV
shall
may not
limit or condition the availability of a motor vehicle record by requiring the
disclosure of the requester's identity or the intended use of the requested
public record. The BMV may ask a requester to make the request in writing, may
ask for the requester's identity, and may inquire about the intended use of the
information requested, but may do so only after disclosing to the requester
that a written request is not mandatory and that the requester may decline to
reveal the requester's identity or the intended use and when a written request
or disclosure of the identity or intended use would benefit the requester by
enhancing the ability of the BMV to identify, locate, or deliver the public
records sought by the requester.
(2) Upon receipt of a request for a specific
motor vehicle record submitted on form BMV1173, and accompanied by the fees
statutorily authorized in section
149.43, section
4501.34, section
4503.26, section
4505.14, section
4506.08, or section
4509.05 of the Revised Code, the
BMV will provide personal information to requesters authorized by law to
receive such information.
(a) The BMV will
provide un-redacted paper copies of records in a format designed to make
duplication or retransmission of any personal information contained on the
motor vehicle record difficult. The copies provided to the requester shall
indicate the name of the requester.
(b) The BMV will provide electronic copies of
records to requesters who have provided satisfactory assurances of security and
confidentiality to the registrar.
(E) A requester who requests his or her own
personal information contained in his or her own motor vehicle record at a
deputy registrar shall prove his or her identity through presentation of a
driver's license, identification card, or social security number. A request
submitted by mail shall be fulfilled by mailing the motor vehicle record only
to the address provided on the completed form "BMV1173." A requester who
requests his or her own personal information is not eligible to receive copies
of the individual's photographic images contained in the BMV databases pursuant
to section 4507.53 of the Revised
Code.
(F) Upon receipt of a bulk
records request, the BMV will provide personal information to a BMV record
account holder who is authorized by law to receive personal information, and
who has completed form "BMV1173," and who has submitted any additional
documentation the BMV may require.
(1) The BMV
record account holder will be charged the appropriate fees statutorily
authorized in section
149.43, section
4501.34, section
4503.14, section
4506.08, or section
4509.05 of the Revised
Code.
(2) The BMV will provide
electronic copies of uncertified records only to data account holders who have
provided satisfactory assurances of security and confidentiality to the
registrar, as well as satisfactory proof of authorization to receive personal
information.
(3) Requests for
certified records submitted by BMV record account holders shall be submitted
and received in a manner as listed on the "BMV Record Account Holder - Request
and Receive Records," form "BMV3349,"
(April
2015)
(7/20),
which shall
and be
provided by the BMV upon creation of the BMV record account holder's
account.
(G) Form
"BMV1173" shall include the following information:
(1) The identity of the requester:
(a) If the requester is a sole proprietorship
or individual, the requester shall provide a driver's license number or
identification card number and submit any additional required documents listed
on the "Business Identification Information," form "BMV3342,"
(April, 2014)
(6/19), which
shall
be
is provided by the BMV upon a request
to establish a BMV record account. If the requester does not possess a driver's
license or identification card, the requester shall provide proof of identity
and social security number in accordance with the acceptable documents set
forth in rule
4501:1-1-21 of the
Administrative Code.
(b) If the
requester is a corporation, the requester shall provide a tax identification
number, a certified copy of the "Certificate of Good Standing" from the office
of the secretary of state or equivalent state agency in which it is
incorporated, and the name of its statutory agent.
(2) If the requester claims to be eligible
for the disclosure of personal information, the requester shall provide a
statement indicating which of the statutory exceptions to nondisclosure of
personal information applies. A requester may indicate eligibility on form
"BMV1173" under only one exception. If a requester is eligible under one or
more exceptions, he or she must fill out and submit an individual "BMV1173"
form for each exception. Personal information
shall
will be
disclosed only for the following purposes:
(a)
For the use of a government agency, including, but not limited to, a court or
law enforcement agency, in carrying out its functions, or for the use of a
private person or entity acting on behalf of an agency of this state, another
state, the United States, or a political subdivision of this state or another
state in carrying out its functions;
(b) For use in connection with matters
regarding 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, but not limited to, survey research; and
removal of non-owner records from the original owner records of motor vehicle
manufacturers;
(c) For use in the
normal course of business by a legitimate business or an agent, employee, or
contractor of a legitimate business, but only for one of the following
purposes:
(i) To verify the accuracy of
personal information submitted to the business, agent, employee, or contractor
by an individual;
(ii) If personal
information submitted to the business, agent, employee, or contractor by an
individual is incorrect or no longer correct, to obtain the correct
information, but only for the purpose of preventing fraud, by pursuing legal
remedies against, or recovering a debt, or security interest against, the
individual;
(d) For use
in connection with a civil, criminal, administrative, or arbitral proceeding in
a court or agency of this state, another state, the United States, or a
political subdivision of this state or another state or before a
self-regulatory body, including, but not limited to, use in connection with the
service of process, investigation in anticipation of litigation, or the
execution or enforcement of a judgment or order;
(e) Pursuant to an order of a court of this
state, another state, the United States, or a political subdivision of this
state or another state;
(f) For use
in research activities or in producing statistical reports, provided the
personal information is not published, re-disclosed, or used to contact an
individual;
(g) For use by an
insurer, insurance support organization, or self-insured entity, or by an
agent, employee, or contractor of that type of entity, in connection with any
claims investigation activity, anti-fraud activity, rating, or
underwriting;
(h) For use in
providing notice to the owner of a towed, impounded, immobilized, or forfeited
vehicle;
(i) For use by any
licensed private investigative agency or licensed security service for any
purpose permitted under division (B)(2) of section
4501.27 of the Revised
Code;
(j) For use by an employer or
by the agent or insurer of an employer to obtain or verify information relating
to the holder of a commercial driver's license or permit that is required under
the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C.
2701, et seq., as
amended, which may be obtained through the "U.S. Government Publishing Office"
at
http://www.gpo.gov;
(k) For use in connection with the operation
of a private toll transportation facility;
(l) For any use not otherwise identified in
division (B)(2) of section
4501.27 of the Revised Code that
is in response to a request for individual motor vehicle records, if the
individual whose personal information is requested completes and submits to the
registrar or deputy registrar form "BMV2095" giving express consent to such
disclosures;
(m) For bulk
distribution for surveys, marketing, or solicitations, if the individual whose
personal information is requested completes and submits to the registrar or a
deputy registrar form "BMV2095" giving express consent to such
disclosures;
(n) For use by a
person, state, or state agency that requests the information, if the person,
state, or state agency demonstrates that it has obtained the written consent of
the individual to whom the information pertains;
(o) For any other use specifically authorized
by law that is related to the operation of a motor vehicle or to public
safety.
(3) Form
"BMV1173" shall advise the requester that the requester must comply with the
provisions of division (B) or (C) of section
4501.27 of the Revised Code when
using, selling, or re-disclosing any personal information pertaining to an
individual's motor vehicle record obtained from the BMV.
(H) Except as provided in section
4501.272 of the Revised Code,
the registrar, deputy registrar, or clerk at the title office of a clerk of
court of common pleas shall not ask the applicant whether he or she wishes to
give express consent or medical and disability express consent, but shall
provide form "BMV2095" when requested by the applicant. The individual shall
give his or her express consent by affirmatively marking the appropriate choice
and filling out the entire form, and submitting the completed form to the
registrar, deputy registrar, or clerk.
A person who completes a form "BMV2095" shall mail it, with the
proper postage attached, to the address indicated on the form or shall submit
it in person at an office of the BMV or of a deputy registrar or of a title
office of a clerk of court of common pleas. Each deputy registrar and clerk of
court of common pleas shall forward all completed form "BMV2095" to the BMV in
the manner prescribed by the registrar. A mail express consent and a medical
and disability express consent shall take effect only form "BMV2095" is
received by the BMV at its main office and is thereafter processed.
The registrar shall prescribe form "BMV2095" which shall be
completed by an individual, the individual's guardian, or an attorney who
presents a signed written authorization made by the individual who wishes to
give express consent to the release of his or her own personal information. A
supply of form "BMV2095" shall be available at each office of the BMV, at each
deputy registrar office, and at each title office of a clerk of court of common
pleas. The form shall contain a statement that the individual's social security
number and digital photo will not be disclosed even if express consent is given
to release sensitive personal information. The language regarding giving
express consent shall be in writing and shall appear on form "BMV2095" as
indicated below:
(1) The express
consent language shall read substantially as follows: "The Ohio Bureau of Motor
Vehicles does not release personal information to other individuals or to
businesses for bulk distribution for surveys, marketing, and solicitations.
However, if you wish to authorize the release of your name and address and
other personal information to other persons or businesses or to a specific
person or business for these purposes, you may do so. Do you wish to authorize
the release of this information?"
(2) The medical and disability express
consent language shall read substantially as follows: "The Ohio Bureau of Motor
Vehicles does not release personal information to other individuals,
businesses, and others who request it. However, if you wish to authorize the
release of your medical and disability information to others who request it or
to a specific person or business, you may do so. Do you wish to authorize the
release of your medical and disability information to individuals, businesses,
and others who request it?"
(I) A person wishing to rescind a mail
express consent, individual express consent, or medical and disability express
consent may do so at any time by requesting form "BMV2095," and withdrawing his
or her express consent by affirmatively marking the appropriate choice and
filling out the entire form, and submitting the complete form to the registrar,
deputy registrar, or clerk. Each deputy registrar and clerk of court of common
pleas shall forward all completed form "BMV2095" to the BMV in the manner
prescribed by the registrar. A rescinded mail express consent, individual
express consent, or medical and disability express consent
shall take
takes effect only after form "BMV2095" is received by
the BMV at its main office and is thereafter processed.
(J) An express consent or medical and
disability information express consent
shall
apply
applies to all motor vehicle
records containing the person's social security number if the person includes
his or her social security number on form "BMV2095. " If a particular motor
vehicle record of the person does not contain his or her social security
number, the express consent or medical and disability express consent
shall apply
applies to the record if the person includes
sufficient identifying information with reference to the record on the record
confidentiality waiver form.
(K)
The BMV will not give notice of nonconforming record requests as permitted by
division (D) of section
4501.27 of the Revised Code, and
shall regulate access to personal
information as is required by section
1347.15 of the Revised Code and
as defined in Chapter 4501-55 of the Administrative Code.