Doe v. Registrar of Motor Vehicles

1 Mass. L. Rptr. 156
CourtMassachusetts Superior Court
DecidedJune 8, 1993
DocketNo. 85-3449
StatusPublished
Cited by2 cases

This text of 1 Mass. L. Rptr. 156 (Doe v. Registrar of Motor Vehicles) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Registrar of Motor Vehicles, 1 Mass. L. Rptr. 156 (Mass. Ct. App. 1993).

Opinion

Gershengorn, J.

This case returns to the Superior Court on remand from the Massachusetts Appeals Court. See 26 Mass.App.Ct. 415 (1985). At issue is whether certain pieces of information collected from driver’s license applicants by the defendant, the Registrar of Motor Vehicles (Registrar), have public record status and therefore may be disclosed to members of the public. The data at issue are applicants’ dates of birth, heights, and license numbers that are also social security numbers.2 Plaintiffs allege that this [157]*157information is “personal data” whose release violates the Fair Information Practices Act (FIPA), G.L.c. 66A. FIPA defines “personal data” as “any information concerning an individual which can be readily associated with a particular individual; provided, however, that such information is not contained in a public record.”

The Appeals Court held that the information at issue does not have public record status under either G.L.c. 90, §30 (motor vehicle statute) or the law as it existed prior to 1974, when non-retroactive exemptions were added to the public record statute, G.L.c. 4, §§6 and 7. Whether the information has public record status under G.L.c. 4, §7 is the subject of this remand proceeding. In making this determination, the court must balance the governmental and public interest in disclosure against the invasion of plaintiffs privacy. Doe, 26 MassApp.Ct. at 423, 428. If disclosure is found to constitute an “unwarranted invasion of personal privacy,” then the information is exempted from public record status by paragraph (c) of G.L.c. 4, §7, cl. 26 and, trader FIPA, may not be disclosed.3 If the invasion is warranted, then the Registrar may resume its practice of public disclosure. For reasons stated below, the court holds the invasion to be warranted.

FINDINGS OF FACT

Plaintiffs are individuals who reside in Massachusetts. Defendant, the Registrar of Motor Vehicles, is an Officer of the Commonwealth of Massachusetts with statutory authority over the Registry of Motor Vehicles (Registry). The Registry is an agency within the Executive Office of Public Safety and is vested with authority to make rules and regulations for the division of motor vehicles.

The Registry collects a variety of information from driver’s license applicants and motor vehicle registrants. Prior to this lawsuit, the Registry made available to members of the public, for a fee, certain pieces of the license and registration information collected, including applicants’ names, addresses, heights, birth dates, and license numbers.4

The Registry receives requests for this information on a daily basis. Information is sought by a variety of people for a variety of reasons. Law enforcement agencies rely on it in order to identify accurately specific individuals and vehicles involved in incidents that may constitute violations of the motor vehicle laws. Insurance companies use it to identify accurately the licensed drivers and motor vehicles involved in particular accidents; members of the general public also use it for this reason. The data is sought for other purposes as well. Family members use it when searching for lost relatives. Lawyers use driver’s license data when searching for clients or locating witnesses. Employers and potential employers of commercial interstate drivers, where the minimum age is 21, may use it to verify the driving record and age of applicants or employees. The information is also requested for purposes of medical research, public safety, and consumer awareness. Harvard University’s School of Public Health requested and used Registry Data in conducting a study of the relationship between breast cancer, geography and age. R.L. Polk company routinely seeks Registry information from all 50 states, which it uses in order to locate owners when defective automobiles are recalled.

In addition to these general public purposes, the public uses the Registry information at issue in order to fulfill its role as a “watchdog” of government enforcement of the motor vehicle laws. The importance of this role was acknowledged, and the role itself facilitated, by the passage in 1990 of the Lacey Packer Bill. Lacey Packer was 10 years old when she was killed by a drunk driver. Anti-drunk driving and motor vehicle safely advocates used her case to lobby for tougher drunk-driving penalties. The result was the Lacey Packer Bill, adding to G.L.C. 90, §30 the requirement that the Registrar maintain “a record of all convictions of persons charged with violations of the laws relating to motor vehicles, and notwithstanding any general or special law to the contrary, such record shall be public . . .” With the aid of Registry information, members of the public are thus able to monitor the enforcement of motor vehicle laws.

Plaintiffs have waived a claim of privacy as to the disclosure of names and addresses. Access to other pieces of information regularly disclosed — age, height, and license number (where the license number is also the social security number) — has been curtailed by a January 20, 1989 Appeals Court order pending the outcome of this suit. Under the order, the Registrar may disclose social security numbers which are also license numbers, provided that all applicants are informed that this data is a public record and that they may request a license number other than their social security number. This information is to be prominently displayed at every Registry office.

The order is intended to secure compliance with §7 of the Privacy Act of 1974, 5 U.S.C. §552a note (1982), which “requires the Registrar, in requesting [social security] numbers, to inform the individual in advance “whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited and what uses will be made of it.’ ” Doe at 429, quoting 5 U.S.C. §552anote (1982). An additional issue for this court on remand is whether the Registrar has shown compliance with this statute. Doe at 429. If not, social security numbers that are also license numbers may not be released. Id.

The court finds that the Registrar has had in place since at least 1990 a policy requiring all driver’s license applicants (except non-U.S. citizens) to furnish their social security numbers. The reason for this is the usefulness of the social security number as a “universal identifier,” particularly given the high mobility of U.S. drivers. The social security number allows the Registrar “to properly screen Massachusetts drivers through the National Driver Register,” thereby detect-[158]*158mg “bad drivers” while minimizing any inconvenience to “good drivers.” (Exhibit 11.)

It is also the Registrar's policy since at least 1990 to inform all applicants that they may use a Registry-assigned number rather than their social security number as their license number.5 Where such a request is made, the applicant is given a computer-generated state or “s-number,” and the individual’s social security number is kept confidential, to be “used only for identification purposes of the Registry of Motor Vehicles in communicating with other motor vehicle and law enforcement departments.” (Exhibit 11.) The Registrar informs applicants of this right by means of signs posted prominently in the Registry offices. They read:

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Related

Bombardieri v. Gnazzo
6 Mass. L. Rptr. 233 (Massachusetts Superior Court, 1996)
United States v. Wonson
28 F. Cas. 745 (U.S. Circuit Court for the District of Massachusetts, 1812)

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Bluebook (online)
1 Mass. L. Rptr. 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-registrar-of-motor-vehicles-masssuperct-1993.