Alabama Department of Revenue Driver Or Vehicle Data Information Request

Transcription

1 Alabama Interactive, Inc 104 Nrth Jacksn Street Mntgmery, AL (866) 353-EGOV Alabama Department f Revenue Driver Or Vehicle Data Infrmatin Request This request must be cmpleted befre infrmatin can be btained frm the Alabama Department f Revenue's Driver r Mtr Vehicle Data file. Knwledge f what access and uses are permitted under the listed Federal Acts is the respnsibility f the requester. SECTION A Name (Individual, Firm, r Crpratin) Name (Persn requesting infrmatin) Type f Business Number f Emplyees Years in Business Hw ften d yu expect t access driver recrds Street Address City, State, Zip Telephne Number Address Mailing Address (If different frm abve) Attach a cpy f yur current business and/r prfessinal license. SECTION B Authrizatin Enter yur initials in the blank t the left f the apprpriate statement(s) belw that allws yu t btain persnal infrmatin. Please sign and date the request and return t Alabama Interactive. I am authrized under the Federal Driver s Privacy Prtectin Act t btain the identified recrds and persnal infrmatin based n the fllwing: 1. Fr use by any gvernment agency, including any curt r law enfrcement agency, in carrying ut its functins, r any private persn acting n behalf f a gvernment agency in carrying ut its functins.

2 2. Fr use in cnnectin with matters r mtr vehicles r driver safety and theft; mtr vehicle emissins; mtr vehicle prduct alteratins, recalls, r advisries; perfrmance mnitring f mtr vehicles, mtr vehicle parts, and dealers; mtr vehicle market research activities, including survey research; and remval f nn-wner recrds frm the riginal wner recrds f mtr vehicle manufacturers. 3. Fr use in the nrmal curse f business by a legitimate business r its agents, emplyees, r cntractrs; a. T verify the accuracy f persnal infrmatin submitted by the individual t the business r its agents, emplyees, r cntractrs; and b. If the infrmatin as s submitted is nt crrect r is n lnger crrect, t btain the crrect infrmatin, but nly fr the purpses f preventing fraud by, pursuing legal remedies against, r recvering n a debt r security interest against the individual. 4. Fr use in cnnectin with any prceeding in any curt r gvernment agency r befre any self-regulatry bdy, including the service f prcess, investigatin in anticipatin f litigatin, and the executin r enfrcement f judgments and rders, r pursuant t an rder f any curt. 5. Fr use in research activities, and fr use in prducing statistical reprts, s lng as the persnal infrmatin is nt published, redisclsed, r used t cntact individuals. 6. Fr use by any insurer r insurance supprt rganizatin, r by a self-insured entity, r its agents, emplyees, r cntractrs in cnnectin with claims investigatin activities, anti-fraud activities, rating, r underwriting. 7. Fr use in prviding ntice t the wner r lien hlder f a twed r impunded vehicle. 8. Fr use by any licensed private investigative agency r licensed security service fr any purpse permitted under this sectin. 9. Fr use by an emplyer r its agent r insurer t btain r verify infrmatin relating t a hlder f a cmmercial driver license which is required under the Cmmercial Mtr Vehicle Safety f Act f 1986 (Title XII f Public Law ). 10. Fr use in cnnectin with the peratin f private tll transprtatin facilities. 11. Fr any use specifically authrized by law that is related t the peratin f a mtr vehicle r public safety. 12. Unrestricted r specified use with written cnsent f the persn wh is the subject f the infrmatin. (Attach written prf f cnsent.) I certify that the infrmatin and statements n this request are true and crrect, cmply with the prvisins f the Federal Driver s Privacy Prtectin Act and understand that the willful, unauthrized disclsure f infrmatin btained frm these recrds fr a purpse ther than stated n this request, r the sale r ther distributin f the infrmatin t a persn r rganizatin nt disclsed in this request, may result in penalties impsed under Title 18, U.S.C. Sectin _ Signature Date Signed Mail this frm alng with yur cmpleted Registratin Agreement t: Alabama Interactive 104 Nrth Jacksn Street Mntgmery, AL 36104

3 AGREEMENT FOR OFFICIAL DRIVERS LICENSE DATA PROCESSING This agreement is made between, a crpratin with its principal ffice in ( SUBSCRIBER ), and Natinal Infrmatin Cnsrtium USA, Inc. ( NICUSA ), the selected vendr prviding Internet Prtal services fr the State f Alabama. WHEREAS, SUBSCRIBER desires t enter int an Agreement with NICUSA fr the purpse f receiving access t fficial mtr vehicle recrds ( Agreed Data ) under the custdy f the Alabama Department f Revenue, ( ADOR ); and WHEREAS, SUBSCRIBER desires t purchase access t Agreed Data nw and in subsequent years, NOW, THEREFORE, in cnsideratin f the mutual cvenants and agreements herein, including the amunts hereinafter prvided t be paid by SUBSCRIBER fr such access, the parties heret agree as fllws: 1. NICUSA shall furnish t SUBSCRIBER Agreed Data requested by SUBSCRIBER, subject t any limitatins t access t the ADOR database impsed by ADOR. 2. SUBSCRIBER may request Agreed Data directly fr NICUSA via TCP/IP scket call fr batch access t a site designated by NICUSA and/r may request a separate TCP/IP via scket call fr interactive ("pint-t-pint"). 3. SUBSCRIBER shall pay t NICUSA a fee per Agreed Data request which shall be established by NICUSA and ADOR frm time t time. Payment shall be remitted t NICUSA within twenty (20) days frm the date f the invice. 4. SUBSCRIBER S address is: Name Line 1: Address Line 1: Address Line 2: City, State, Zip Cde: Attentin: Telephne Number: Fax Number: address:

4 Accunts nt paid when due may be fined, r may have their access terminated with reasnable ntice. 5. The SUBSCRIBER agrees that Agreed Data prvided by NICUSA will be used by SUBSCRIBER, and SUBSCRIBER will take all reasnable steps t restrict use f same by its custmers, in accrdance with the restrictins impsed by ADOR. SUBSCRIBER agrees that such restrictins may be mdified prspectively by ADOR upn written ntice by NICUSA t SUBSCRIBER at any time. At the time f signing f this agreement, SUBSCRIBER is aware f, and will cmply with, all applicable federal, state, r ther laws with regard t access t, r use f, all data prvided thrugh NICUSA. 6. The SUBSCRIBER agrees t prmptly and adequately destry the Agreed Data in its pssessin when it is n lnger needed fr the purpses fr which it was prvided, and t take all reasnable measures t require its custmers t d the same. Subscriber accepts full respnsibility fr the resale r ther disseminatin f the Agreed Data issued t it. 7. SUBSCRIBER agrees that it is nt a representative f ADOR and therefre is nt authrized by ADOR t interpret Agreed Data n behalf f the state f Alabama. 8. The SUBSCRIBER agrees t implement all reasnable prcedures t prtect Agreed Data frm unauthrized access. 9. The SUBSCRIBER agrees that it is the plicy f ADOR that a requestr f a Driver Recrd frm ADOR r its authrized designees shall nly use that recrd nce, fr ne purpse, and shall thereafter nt supply such recrd t mre than ne custmer f the requestr, nr supply such recrd mre than nce t any custmer f a requestr. Thereafter, such recrd shall be destryed except as required fr archival r defense purpses nly. The Persnal Infrmatin cntained in any such archived histrical (DLR) recrd shall be encrypted r truncated t prtect unauthrized disclsure f the archived recrd. 10. The SUBSCRIBER agrees t allw NICUSA and/r ADOR staff access, with reasnable ntice, t any f its recrds relating t this Agreement, fr auditing, cmpliance and mnitring purpses. 11. This agreement may be terminated a. At any time upn sixty (60) days advance ntice by an instrument in writing, signed by a duly authrized representative f the party wishing t terminate, and mailed t the ther party. b. Immediately upn any material breach f any cvenant herein at the ptin f the nn-breaching party, r upn cessatin f the Alabama Service Level Agreement with ADOR. c. Any ntice f terminatin shall be depsited with a reputable natinal curier with in-transit tracking and delivery cnfirmatin service. SUBSCRIBER s

5 address fr ntice shall be the address in paragraph 3 abve. NICUSA s address fr ntice is: Alabama Interactive Attn: Slane Barrett Wright Gilbreath 104 Nrth Jacksn Street Mntgmery, AL The SUBSCRIBER agrees t indemnify, hld harmless, and release NICUSA and the State f Alabama and their respective fficers, agents and emplyees frm and against any and all lss, damages, injury, liability, suits and prceedings arising frm the perfrmance f this agreement by the SUBSCRIBER, its fficers, agents, vlunteers r emplyees. 13. This agreement cnstitutes the entire AGREEMENT f the parties and supersedes all ther prir written r ral agreements between the parties with respect t the subject matter herein. This agreement may be changed, mdified r amended at any time, but nly by an instrument in writing, signed by duly authrized representatives f bth parties heret. IN WITNESS WHEREOF, the parties heret have caused this instrument t be executed by their duly authrized representatives. SUBSCRIBER NICUSA Authrized agent Date Barrett Slane Gilbreath Wright Date General Manager NIC- Alabama (Typed Name) (Typed Title) Alabama Department f Revenue By: ITS: Date:

6 FEDERAL DRIVERS PROTECTION ACT (DPPA) Effective June 1, 2000, the Federal Drivers Prtectin Act (DPPA) (18 U.S.C.A. 2721) as amended by Sectin 350 f Public Law 106 Apprpriatins Act prhibits the disseminatin r disclsure f a phtgraph, scial security numbers, medical r disability infrmatin frm mtr vehicle recrds withut the express cnsent f the persn t whm the infrmatin pertains. Hwever, this infrmatin may be released even withut the express cnsent f the persn fr the fllwing reasns: Sec Prhibitin n release and use f certain persnal infrmatin frm State mtr vehicle recrds (a) In General. - A State department f mtr vehicles, and any fficer, emplyee, r cntractr theref, shall nt knwingly disclse r therwise make available t any persn r entity: (1) persnal infrmatin, as defined in 18 U.S.C. 2725(3), abut any individual btained by the department in cnnectin with a mtr vehicle recrd, except as prvided in subsectin (b) f this sectin; r (2) highly restricted persnal infrmatin, as defined in 18 U.S.C. 2725(4), abut any individual btained by the department in cnnectin with a mtr vehicle recrd, withut the express cnsent f the persn t whm such infrmatin applies, except uses permitted in subsectins (b)(1), (b)(4), (b)(6), and (b)(9): Prvided, That subsectin (a)(2) shall nt in any way affect the use f rgan dnatin infrmatin n an individual's driver's license r affect the administratin f rgan dnatin initiatives in the States. (b) Permissible Uses. - Persnal infrmatin referred t in subsectin (a) shall be disclsed fr use in cnnectin with matters f mtr vehicle r driver safety and theft, mtr vehicle emissins, mtr vehicle prduct alteratins, recalls, r advisries, perfrmance mnitring f mtr vehicles and dealers by mtr vehicle manufacturers, and remval f nn-wner recrds frm the riginal wner recrds f mtr vehicle manufacturers t carry ut the purpses f titles I and IV f the Anti Car Theft Act f 1992, the Autmbile Infrmatin Disclsure Act (15 U.S.C et seq.), the Clean Air Act (42 U.S.C et seq.), and chapters 301, 305, and f title 49, and, subject t subsectin (a)(2), may be disclsed as fllws: (1) Fr use by any gvernment agency, including any curt r law enfrcement agency, in carrying ut its functins, r any private persn r entity acting n behalf f a Federal, State, r lcal agency in carrying ut its functins. (2) Fr use in cnnectin with matters f mtr vehicle r driver safety and theft; mtr vehicle emissins; mtr vehicle prduct alteratins, recalls, r advisries; perfrmance mnitring f mtr vehicles, mtr vehicle parts and dealers; mtr vehicle market research activities, including survey research; and remval f nn-wner recrds frm the riginal wner recrds f mtr vehicle manufacturers. (3) Fr use in the nrmal curse f business by a legitimate business r its agents, emplyees, r cntractrs, but nly - (A) t verify the accuracy f persnal infrmatin submitted by the individual t the business r its agents, emplyees, r cntractrs; and (B) if such infrmatin as s submitted is nt crrect r is n lnger crrect, t btain the crrect infrmatin, but nly

7 fr the purpses f preventing fraud by, pursuing legal remedies against, r recvering n a debt r security interest against, the individual. (4) Fr use in cnnectin with any civil, criminal, administrative, r arbitral prceeding in any Federal, State, r lcal curt r agency r befre any self-regulatry bdy, including the service f prcess, investigatin in anticipatin f litigatin, and the executin r enfrcement f judgments and rders, r pursuant t an rder f a Federal, State, r lcal curt. (5) Fr use in research activities, and fr use in prducing statistical reprts, s lng as the persnal infrmatin is nt published, redisclsed, r used t cntact individuals. (6) Fr use by any insurer r insurance supprt rganizatin, r by a self-insured entity, r its agents, emplyees, r cntractrs, in cnnectin with claims investigatin activities, antifraud activities, rating r underwriting. (7) Fr use in prviding ntice t the wners f twed r impunded vehicles. (8) Fr use by any licensed private investigative agency r licensed security service fr any purpse permitted under this subsectin. (9) Fr use by an emplyer r its agent r insurer t btain r verify infrmatin relating t a hlder f a cmmercial driver's license that is required under chapter 313 f title 49. (10) Fr use in cnnectin with the peratin f private tll transprtatin facilities. (11) Fr any ther use in respnse t requests fr individual mtr vehicle recrds if the State has btained the express cnsent f the persn t whm such persnal infrmatin pertains. (12) Fr bulk distributin fr surveys, marketing r slicitatins if the State has btained the express cnsent f the persn t whm such persnal infrmatin pertains. (13) Fr use by any requester, if the requester demnstrates it has btained the written cnsent f the individual t whm the infrmatin pertains. (14) Fr any ther use specifically authrized under the law f the State that hlds the recrd, if such use is related t the peratin f a mtr vehicle r public safety. (c) Resale r Redisclsure. - An authrized recipient f persnal infrmatin (except a recipient under subsectin (b)(11) r (12)) may resell r redisclse the infrmatin nly fr a use permitted under subsectin (b) (but nt fr uses under subsectin (b)(11) r r redisclse persnal infrmatin fr any purpse. An authrized recipient under subsectin (b)(12) may resell r redisclse persnal infrmatin pursuant t subsectin (b)(12). Any authrized recipient (except a recipient under subsectin (b)(11)) that resells r redisclses persnal infrmatin cvered by this chapter must keep fr a perid f 5 years recrds identifying each persn r entity that receives infrmatin and the permitted purpse fr which the infrmatin will be used and must make such recrds available t the mtr vehicle department upn request. (d) Waiver Prcedures. - A State mtr vehicle department may establish and carry ut prcedures under which the department r its agents, upn receiving a request fr persnal infrmatin that des nt

8 fall within ne f the exceptins in subsectin (b), may mail a cpy f the request t the individual abut whm the infrmatin was requested, infrming such individual f the request, tgether with a statement t the effect that the infrmatin will nt be released unless the individual waives such individual's right t privacy under this sectin. (e) Prhibitin n Cnditins. - N State may cnditin r burden in any way the issuance f an individual's mtr vehicle recrd as defined in 18 U.S.C. 2725(1) t btain express cnsent. Nthing in this paragraph shall be cnstrued t prhibit a State frm charging an administrative fee fr issuance f a mtr vehicle recrd.