Section 15C-22.003 - Recordkeeping(1) The Private Rebuilt Motor Vehicle Inspection Program (PRVIP) participant (participant) shall utilize an electronic filing system, provided by the department, to enter "real-time" rebuilt inspection transactions. This system will be connected with a department database and the National Motor Vehicle Title Information System. The department will approve the connectivity and the system utilized. The electronic filing system and database are subject to change at the discretion of the department.(2) The participant shall access, use, and maintain the confidentiality of all information received in accordance with Chapter 119, F.S., and the Driver Protection Privacy Act (DPPA), 18 United States Code Sections 2721-2725. Information obtained under this program shall only be disclosed to persons to whom disclosure is authorized under Florida law and federal law. (a) To ensure compliance with DPPA: 1. Information exchanged must not be used for any purposes not specifically authorized by the memorandum of understanding (MOU) required by Section 319.141(3), F.S., or by state or federal law, as applicable. Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose, personal use, and the dissemination, sharing, copying, or passing of this information to unauthorized persons.2. Information exchanged by electronic means must be stored in a place physically secure from access by unauthorized persons.3. Access to the information exchanged must be protected in such a way that unauthorized persons cannot review or retrieve the information.(3) Public Records Requirements: (a) Documents produced as a result of participation in this program are subject to the provisions of Chapter 119, F.S., and other applicable provisions of law. The participant, when acting on behalf of the department in the provision of services, shall comply with the requirements of Section 119.0701(2), F.S.(4) The remaining rebuilt inspection documents, including the pictures, for each inspection shall be retained at the authorized facility for a period of five years, unless the facility is able to confirm, through an inquiry of the department's database, that the rebuilt title was issued, and documentation was imaged in the department's database.(5) All participant personnel with access to protected information shall be instructed of, and acknowledge their understanding in writing of, the criminal sanctions specified in state law for unauthorized use of the data. These acknowledgements must be updated at least annually by the participant.(6) Each participant shall attest that they have procedures in place that will ensure the confidentiality of the information exchanged as part of the Private Rebuilt Motor Vehicle Inspection Program will be maintained throughout the term of their participation.(7) The participant shall immediately notify the department and the affected individual(s) following the determination that the personal information of a rebuilt applicant has been compromised by any unauthorized access, distribution, use, modification, or disclosure. The statement to the department must provide the date and the number of records affected by any unauthorized access, distribution, use, modification, or disclosure of personal information.Fla. Admin. Code Ann. R. 15C-22.003
Rulemaking Authority 319.141, 319.1414, 319.17 FS. Law Implemented 319.141, 319.1414 FS.
Adopted by Florida Register Volume 49, Number 055, March 21, 2023 effective 4/2/2023.