Or. Trucking Ass'ns, Inc. v. Dep't of Transp.

432 P.3d 1080, 364 Or. 210
CourtOregon Supreme Court
DecidedJanuary 10, 2019
DocketCC 12C16207 (SC S065529)
StatusPublished
Cited by7 cases

This text of 432 P.3d 1080 (Or. Trucking Ass'ns, Inc. v. Dep't of Transp.) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Or. Trucking Ass'ns, Inc. v. Dep't of Transp., 432 P.3d 1080, 364 Or. 210 (Or. 2019).

Opinion

"(13) The department shall disclose personal information [in driver records] to a person who is in the business of disseminating such information under the following conditions:
"(a) In addition to any other requirements under the contract executed pursuant to paragraph (b) of this subsection, the person requesting the information must file a performance bond with the department in the amount of $25,000. The bond must be executed in favor of the State of Oregon and its form is subject to approval by the Attorney General.
"(b) The disseminator shall enter into a contract with the department. A contract under this paragraph shall contain at least the following provisions:
"(A) That the disseminator will not reproduce or distribute the personal information [in driver records] in bulk but only in response to an individual record inquiry.
"(B) That the disseminator will provide the personal information [in driver records] only to a person or government agency authorized to receive the information under this section and only if the person or government agency has been authorized by the department to receive the information.
"(C) That the disseminator will have a method of ensuring that the disseminator can delay for a period of up to two days the giving of personal information [in driver records] to a requester who is not a subscriber."

**220Plaintiffs acknowledge that that statute does not explicitly state that ODOT must provide driver records electronically. However, plaintiffs assert, that requirement is implicit in the mandate that ODOT provide disseminators access to driver records. Plaintiffs argue that access to driver records is valuable to disseminators only if the access is provided in electronic form. Physically waiting in line at the DMV, plaintiffs contend, simply does not work for a disseminator, and the legislature knew that when it directed ODOT to disclose records to them under ORS 802.179(13). Plaintiffs argue that that position is supported by the prohibition on disseminators reproducing driver records in "bulk" and the reference to disseminators' arrangements with a "subscriber." ORS 802.179(13)(b)(A), (C). In plaintiffs' view, those clues suggest that the legislature envisioned disseminators receiving records in bulk and providing them to subscribers electronically. Plaintiffs contend that those references indicate that the legislature intended to require ODOT to provide disseminators with electronic access to driver records.

We are not convinced. A statute's text is the best indicator of legislative intent, see State v. Gaines , 346 Or. 160, 171-72, 206 P.3d 1042 (2009) (stating method for statutory interpretation), and, as plaintiffs seem to acknowledge, there is no textual support for *1087their argument. "Electronic access"-or any derivation thereof-does not appear anywhere in the statute, and context-including those clues cited by plaintiffs-does not suggest that we should insert those words. That disseminators are prohibited from reproducing records in bulk does not mean, as plaintiffs suggest, that disseminators must receive those records in bulk. And, even if it does, that fact says nothing about the means by which ODOT must provide bulk records to disseminators. A bulk transfer can be accomplished by methods other than electronic access, including by portable electronic storage media (e.g. , hardcopy or a so-called "flash drive").11 Similarly unavailing is plaintiffs' reliance on the statute's reference to **221a "subscriber." Even if plaintiffs are correct that the legislature contemplated instantaneous conveyance of electronic driver records between disseminators and subscribers, that does not mean that the legislature intended to require that ODOT provide that access. The legislature's use of the words "bulk" and "subscriber" does not persuade us that it did.

The legislative history of ORS 802.179(13) also does not provide plaintiffs with significant assistance. House Bill (HB) 2096 (1997)-the bill that became ORS 802.179 -was introduced in response to a data breach in which hundreds of driver records, including those of victims of domestic violence, were wrongly published on the internet.12 Exhibit A, Senate Committee on Transportation, HB 2096, May 19, 1997 (written testimony from Rep Barbara Ross); see also Exhibit A, House Committee on Transportation, HB 2096 Feb. 19, 1997 (letter from Sen. Shirley Stull explaining that people were "outraged by the DMV computer fiasco" and letter from DMV Manager Jan Curry to individual affected by breach). Representative Barbara Ross explained that HB 2096 was needed to address the "potential for predators, abusers[,] and criminals to misuse" personal information contained in driver records. Exhibit A, Senate Committee on Transportation, HB 2096, May 19, 1997. Ross acknowledged that the bill should "allow people access for legitimate needs" and only for specific purposes. Id. A representative from DMV echoed that sentiment, stating that the bill would require a "culture change at DMV" by instilling "the idea that DMV's records are now 'closed,' with certain exceptions, rather than 'open' with certain exceptions." Exhibit S, Senate Committee on Transportation, HB 2096, May 21, 1997 (written testimony from Bill Seely); see also ORS 802.177 (personal information in driver records cannot be disclosed except to those persons or entities listed in **222ORS 802.179 ). That history indicates that ORS 802.179 was not intended to mandate that driver records be obtainable in electronic form; rather, it was intended to restrict access to such records, permitting only a limited group of people and entities to obtain them.13 The legislature might have been aware of disseminators' and subscribers' interests in conducting business electronically. However, we cannot discern, from the statute's text, context, or legislative history, a legislative command that ODOT serve those interests. *1088

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Cite This Page — Counsel Stack

Bluebook (online)
432 P.3d 1080, 364 Or. 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/or-trucking-assns-inc-v-dept-of-transp-or-2019.