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S7333Senate2019-2020 SessionSame asA3765

Limit DMV Data Sharing

Official title

“Relates to the furnishing of registration information by the commissioner of the department of motor vehicles”

Sponsor Neil D. BreslinSD-44Affects Transportation
Status
In Senate Committee
Transportation
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill updates rules on sharing vehicle registration information, adding new exceptions and protections for personal data use.

Why it matters

  1. Clarifies when your vehicle registration data can be kept by contractors. The bill spells out new, specific exceptions where contractors can retain your personal registration information, such as for safety recalls, official statistical research (without using it to contact you), or business fraud prevention. This means your data may still be used in a wider range of legitimate scenarios, even if you request deletion.

  2. Expands government and business access. Government agencies, courts, law enforcement, and certain businesses (including insurers) are now explicitly allowed to access this information for official functions or to verify identities and prevent fraud. This could impact how your data flows between public and private entities.

  3. Potential privacy trade-offs for vehicle owners. While the bill creates rules for deleting your data from contractor files, the detailed exceptions may limit your ability to fully remove your information, especially when used for research, fraud detection, or insurance purposes.

  4. Applies only to new contracts. The new rules affect only contracts signed after the bill becomes law, so existing agreements and data-sharing practices remain unchanged until those contracts are renewed or replaced.

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Who cares

Headline styles

Limit DMV Data Sharing

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Neil D. Breslin

Senator · Senate District 44

Chair, Insurance

No co-sponsors yet.

History

  1. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3765Assembly

Limit DMV Data Sharing

In Assembly Committee · Transportation · Sponsor William Magnarelli

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7333

IN SENATE

January 17, 2020

Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to registration information

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (b) of subdivision 4 of section 202 of the vehicle and traffic law, as amended by chapter 293 of the laws of 1989, is amended to read as follows:

(b) [The commissioner shall notify each vehicle registrant that the registration information specified in paragraph (a) of this subdivision has been or will be furnished to the contracting party. The commissioner shall inform each vehicle registrant when such registrant first makes application for a vehicle registration or when such registrant applies to renew an existing vehicle registration how to achieve the deletion of such information from the contracting party's file.] The contract between the commissioner and the contracting party shall provide that, [upon the request of the registrant made in such manner and in such form as shall be prescribed by the commissioner,] such registration information shall be deleted from the contracting party's file for all purposes, except: [(i) issuance of manufacturer's warranty, safety recall or similar notices, or (ii) statistical complications.]

(i) issuance of manufacturer's warranty, safety recall or similar notices; or

(ii) for use in producing statistical reports and research activities, so long as the contracting party does not publish, redisclose, or use the personal information to contact individuals; or

(iii) to remove non-owner records from the original records of motor vehicle manufacturers; or

(iv) for use by any government agency, including any court or law enforcement agency or entity acting on behalf of a government agency in carrying out its functions; or

(v) for use in the normal course of business by a legitimate business or its agents or contractors, but only to verify the accuracy of

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08292-01-9

S. 7333 2

personal information submitted by the individual for the purposes of preventing fraud; or

(vi) for use by any insurer or by a self-insured entity, or its agents, employees, or contractors, in connection with motor vehicle claims investigation activities, antifraud activities, rating or underwriting.

§ 2. This act shall take effect immediately and shall only apply to contracts executed on or after such effective date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to registration information

Purpose

Amends New York State's Vehicle and Traffic Law to ensure conformance with Federal requirements that limit access to personal information contained in motor vehicle records. Clarifies the law so that the release of vehicle records permitted in

Section 202 of the Vehicle and Traffic Law conforms to other statutes that address the release of vehicle records. Permits motor vehicle records to be used by legitimate business entities to assist government agencies and courts, and to combat vehicle fraud within the insurance and automotive industries.

Summary of provisions

This bill amends paragraph 4(b) of section 202 of the Vehicle and Traf- fic Law. Specifically, it allows the commissioner, through a competitive bidding process, to release motor vehicles records to legitimate busi- nesses for permissible uses under federal law. Currently, buyers of individual records have access to all federally approved uses of motor vehicle records while those who have gone through the bid process do not.

Justification

The Vehicle and Traffic Law provides protection for data being released by the New York Department of Motor Vehicles. However, the current stat- ute unintentionally impairs a number of valid federally approved uses of motor vehicle records which are available in most states. This legis- lation would clarify the statute and conform it to certain enumerated permissible uses of personal information consistent with the Federal Driver's Privacy Protection Act. Federal law requires all state depart- ments of motor vehicles to protect personal information contained in motor vehicle records. It prohibits the release of personal information except in those instances where the release meets the requirements of a limited number of specific exemptions. Under those specific exemptions the only personal information released is the registrant and title owner's name and address.

The current statute as written unintentionally impairs a number of valid legitimate uses of the information which facilitates business and consumer transactions. With the continued increase in fraud related to vehicle purchases and automobile insurance the data is used to validate vehicle ownership and vehicle attributes. This bill is necessary to prevent fraud and to protect the citizens of New York.

This legislation also establishes standards for permissible use of data which includes: safety recall, emissions recalls, assisting government and law enforcement agencies, research, statistics, and class action lawsuit settlement information.

This bill only applies to legitimate businesses that qualify to receive bulk data from the department of motor vehicles via a biannual bid contract and must meet security standards and bonding and insurance requirements of the DMV.

Legislative history

2016: S.6670/A.9020a - Advanced to 3rd Reading/Committed to Rules

2017-2018: A.8414 - Referred to Transportation

Fiscal implications

The adoption of this bill ensures that the revenue generated through the bidding process continues to be received by the state.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.