La. Admin. Code tit. 55 § III-557

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-557 - Procedure for Requesting Personal Information

A. All requests seeking disclosure of personal information shall be in writing, except electronic requests submitted to the department pursuant to a contract authorized by Subchapter B.

1. All written requests shall be mailed to the assistant secretary or his designee at:

Box 64886

Baton Rouge, Louisiana 70896-4886

2. At his option, the requester may hand deliver the written request to the Office of Motor Vehicles Headquarters in Baton Rouge, Louisiana.

3. The requester shall provide such information as may be required by the department to establish the requester's identity and the requester's status as a person who may receive the requested personal information including:

a. the requester's full name;

b. any aliases or trade names;

c. the requester's complete mailing and physical addresses and telephone number, including area code; and

d. the name of a contact person if the requester is a business entity.

4. In order to facilitate a request, the requester should provide sufficient information in his request to establish his status as a person who may receive personal information under DPPA.

B. All requests seeking disclosure of personal information shall be processed on a first come, first serve basis, unless the assistant secretary or his designee determines that there is good cause for a request to be handled in a different order.

1. The assistant secretary or his designee shall determine the requester is a person, corporation, partnership, limited liability company, or other business entity who may receive personal information pursuant to DPPA.

2. A requester seeking personal information through a permitted disclosure or a required disclosure shall, upon establishing to the satisfaction of the assistant secretary or his designee, that the requester may receive the requested personal information, and upon the payment of all fees and costs, be provided the requested personal information.

D. Consented Disclosure

1. In the case of a consented disclosure, the requester shall notify the person about whom personal information is sought:

a. of the request; and

b. that the information will not be released unless the individual waives his right to privacy under DPPA.

2. The notice of the request to the person about whom personal information is requested shall specifically state all personal information that is being sought.

3. The notice of the request shall also give full information about the requester including but not limited to:

a. the requester's full name as well as any aliases or trade names;

b. the requester's complete mailing and physical addresses, and the requester's telephone number including area code;

c. the name of a contact person if the requester is a business entity; and

d. purpose for requesting the personal information.

a. No request will be processed by the department until the requester has obtained the waiver from the person about whom the personal information is sought.

b. The original waiver together with a copy of the notice sent to the person about whom the personal information was sought shall accompany the original request for disclosure.

E. The failure of a requester to comply with the requirements contained in §557 shall be grounds to deny the request to disclose personal information.

La. Admin. Code tit. 55, § III-557

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 23:992 (August 1997).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:401 et seq., and R.S. 32:853.