Current through Register Vol. XLI, No. 50, December 13, 2024
Section 91-8-3 - Statutory Background3.1. The Uniform Motor Vehicle Records Disclosure Act requires the Division of Motor Vehicles to disclose information, including personal information, maintained in its motor vehicle records. The Act mandates disclosure dependent on who is making the request, the type of information requested, and the proposed use of the information.3.2. Personal information disclosure may be further restricted by the Health and Insurance Portability Accountability Act, 42 U.S.C. §1301 et seq.3.3. W. Va. Code § 17A-6-4 prohibits the disclosure of information contained in a motor vehicle dealership file. If the information requested is not personal information as defined by the Act, the information may be released if permitted by the Freedom of Information Act, W. Va. Code § 29B-1-1 et seq. and § 17A-2A-1 et seq.3.4. The Act is based on a federal government requirement to regulate the disclosure of personal information from motor vehicle agencies.3.5. The purpose of the Act is to implement the federal Drivers Privacy Protection Act of 1994, 18 U.S.C. §2721 et seq. in order to protect the interest of individuals in their personal privacy by prohibiting the disclosure and use of personal information contained in their motor vehicle record, except as authorized by an individual or by law.3.6. The Act allows the Division to promulgate rules in accordance with chapter twenty-nine-a of the West Virginia Code to carry out the purposes of the Act.