18 U.S.C. § 2725

Definitions

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In this chapter—(1) “motor vehicle record” means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration, or identification card issued by a department of motor vehicles;(2) “person” means an individual, organization or entity, but does not include a State or agency thereof;(3) “personal information” means information that identifies an individual, including an individual’s photograph, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver’s status.11 So in original. The period probably should be a semicolon.(4) “highly restricted personal information” means an individual’s photograph or image, social security number, medical or disability information; and(5) “express consent” means consent in writing, including consent conveyed electronically that bears an electronic signature as defined in section 106(5) of Public Law 106–229.(Added Pub. L. 103–322, title XXX, § 300002(a), Sept. 13, 1994, 108 Stat. 2102; amended Pub. L. 106–346, § 101(a) [title III, § 309(b)], Oct. 23, 2000, 114 Stat. 1356, 1356A–24.)Editorial NotesReferences in Text

Section 106(5) of Public Law 106–229, referred to in par. (5), is classified to section 7006(5) of Title 15, Commerce and Trade.

Amendments

2000—Pars. (4), (5). Pub. L. 106–346 added pars. (4) and (5).

Statutory Notes and Related SubsidiariesEffective Date

Section effective on the date that is 3 years after Sept. 13, 1994, with provisions relating to release of personal information before the effective date and compliance after such date, see section 300003 of Pub. L. 103–322, set out as a note under section 2721 of this title.

Notes of Decisions

Cited in 117 cases (22 in the last 5 years), 1996–2025 · leading case: United States v. Kimberly Smith Hastie, 854 F.3d 1298 (11th Cir. 2017).

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United States v. Kimberly Smith Hastie, 854 F.3d 1298 (11th Cir. 2017). · cites it 6× “e disclosure of personal information obtained by a state department of motor vehicles except for certain permissible uses, none of which are relevant to this appeal: (a) A State department of motor vehicles, and any officer, employee, or contractor thereof, shall not knowingly…”

Margan v. Niles, 250 F. Supp. 2d 63 (N.D.N.Y. 2003). · cites it 9× “2 See 18 U.S.C. § 2725 (3) (defining address and telephone number as personal information protected under the DPPA).”

Jason Senne v. Vill. of Palatine, Illinois, 695 F.3d 597 (7th Cir. 2012). · cites it 4× “9 “[H]ighly restricted personal information,” as defined in 18 U.S.C. § 2725 (4), “means an individual’s photograph or image, social security number, [and] medical or disability information.”

Pichler v. UNITE, 542 F.3d 380 (3rd Cir. 2008). · cites it 2× “" 18 U.S.C. § 2725 (3) (emphasis added). We hold that individuals such as Carri Daubert and Deborah Sabastro, who are not specifically identified in a motor vehicle record, have no legally protected privacy interest under the DPPA.”

James Andrews v. Sirius Xm Radio, Inc., 932 F.3d 1253 (9th Cir. 2019). · cites it 2× “” 18 U.S.C. § 2725 (3). 3 Such permitted uses include “use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor…”

Hartman v. Dep't of Conservation & Nat. Resources, 892 A.2d 897 (Pa. Commw. Ct. 2006). · cites it 4× “” 18 U.S.C. § 2725 . 14 Personal information may be disclosed to certain government agencies, without consent, and even to some businesses for limited purposes.”

Scott Dahlstrom v. Sun-Times Media, LLC, 777 F.3d 937 (7th Cir. 2015). · cites it 3× “” 18 U.S.C. § 2725 (3) (emphasis added). Sun-Times emphasizes that none of the information at issue here is explicitly included in this definition, and argues that any category not specifically listed must therefore lie beyond the Act’s reach.”

Roth v. Guzman, 650 F.3d 603 (6th Cir. 2011). · cites it 2× “[§ ] 2725(3), about any individual obtained by the department in connection with a motor vehicle record, except as provided in subsection (b) of this section; or (2) highly restricted personal information, as defined in 18 U.S.C. § 2725 (4), about any individual obtained by the…”

Potocnik v. Carlson, 9 F. Supp. 3d 981 (D. Minnesota 2014). · cites it 4× “See 18 U.S.C. § 2725 (2). Instead, the DPPA leaves enforcement against state agencies to the Attorney General, who is empowered to impose civil penalties against state motor-vehicle departments — not for failing to use reasonable -care, but for having a “policy or practice of…”

Arkansas State Police v. Wren, 2016 Ark. 188 (Ark. 2016). · cites it 4× “) Second, 18 U.S.C. § 2725 , “Definitions,” provides in pertinent part: In this chapter– (1) “motor vehicle record” means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration, or identification card issued by a department…”

Taylor v. Acxiom Corp., 612 F.3d 325 (5th Cir. 2010). · cites it 2× “18 U.S.C. § 2725 (3). Plaintiffs allege that once a person certifies that they have a lawful purpose, the State of Texas provides magnetic tapes with its entire database of driver’s license records information on all holders of a Texas driver’s license.”

Mallak v. Aitkin Cnty., 9 F. Supp. 3d 1046 (D. Minnesota 2014). · cites it 3× “” 18 U.S.C. § 2725 (3). “Person” means “an individual, organization or entity, but does not include a State or agency thereof!.”

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