§ 55-25-107 — Disclosure for certain purposes

Tennessee § 55-25-107

• Jurisdiction: Tennessee
• Title: 55

Text

(a) The department, or any officer, employee, or contractor of the department, shall not knowingly disclose or otherwise make available to any person or entity: (1) Personal information about any person obtained by the department in connection with a motor vehicle record, except as provided in this section; or (2) Highly restricted personal information about any person obtained by the department in connection with a motor vehicle record, without the express consent of the person to whom that information applies, except uses permitted in subdivisions (b)(1), (b)(4), (b)(6), and (b)(9); provided, however, that this subdivision (a)(2) shall not in any way affect the administration of organ donation initiatives in this state. (b) Personal information referred to in subsection (a) shall be disclosed for 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 vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of Titles I and IV of the federal Anti-Car Theft Act of 1992 ( 15 U.S.C. § 2021 et seq.), the federal Automobile Information Disclosure Act ( 15 U.S.C. § 1231 et seq.), the federal Clean Air Act of 1992 ( 42 U.S.C. § 7401 et seq., 49 U.S.C. § 30101 et seq., 49 U.S.C. § 30501 et seq., 49 U.S.C. § 32101 et seq., 49 U.S.C. § 33101 et seq.), and, subject to subdivision (a)(2), may be disclosed for use as follows: (1) By any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state or local agency in carrying out its functions; (2) 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, motor vehicle parts and dealers, motor vehicle market research activities, including survey research, and removal of nonowner records from the original owner records of motor vehicle manufacturers; (3) In the normal course of business by a legitimate business or its agents, employees, or contractors, but only: (A) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (B) If the information so submitted is not correct or is no longer correct, to obtain the correct information, but only for purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against the individual; (4) In connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court; (5) In research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals; (6) By any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting; (7) In providing notice to the owners of towed or impounded vehicles; (8) By any licensed private investigative agency or licensed security service for any purpose permitted under this subsection (b); (9) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver license that is required under 49 U.S.C. § 31301 et seq.; (10) In connection with the operation of private toll transportation facilities; (11) By any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains; and (12) For any other use specifically authorized under the law of this state, if that use is related to the operation of a motor vehicle or public safety. (c) An authorized recipient of personal information, except a recipient under [former] subdivision (b)(11) or (b)(12) [repealed], may resell or redisclose the information only for use permitted under subsection (b), but not for uses under [former] subdivision (b)(11) or (b)(12) [repealed]. An authorized recipient under [former] subdivision (b)(11) [repealed] may resell or redisclose personal information for any purpose. An authorized recipient under [former] subdivision (b)(12) [repealed] may resell or redisclose personal information pursuant to [former] subdivision (b)(12) [repealed]. Any authorized recipient, except a recipient under [former] subdivision (b)(11) [repealed], that resells or rediscloses personal information covered by this section shall keep for a period of five (5) years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and shall make those records available to the department of revenue or the department of safety upon request. (d) The department of revenue or the department of safety may establish and carry out procedures under which the department or its agents, upon receiving a request for personal information that does not fall within one (1) of the exceptions in subsection (b), may mail a copy of the request to the individual about whom the information was requested, informing that individual of the request, together with a statement to the effect that the information shall not be released unless the individual waives the individual's right to privacy under this section. (e) Under no circumstances may the department of revenue or the department of safety condition or burden in any way the issuance of an individual's motor vehicle record to obtain express consent for the disclosure of that record. Nothing in this subsection (e) shall be construed to prohibit the department of revenue or the department of safety from charging an administrative fee for issuance of a motor vehicle record. (f) Motor vehicle records, personal information, or highly restricted personal information shall be disclosed to any person by the department of revenue or the department of safety upon proof of the identity of the person requesting the record or information and representation by that person that the use of the personal information shall be strictly limited to one (1) or more of the permitted uses described in this section. (g) Before issuing motor vehicle records, personal information, or highly restricted personal information, the department of revenue or the department of safety may require any person, federal, state, or local governmental agency requesting that information, or each of the requesting entity's contractors, officers or individuals in the employ of that person or governmental agency that will have access to the information, to execute a confidentiality agreement stating that the recipient, or the recipient's contractor, officer or employee, as the case may be, shall comply with the confidentiality provisions of this section and shall limit the use of the information to those uses specifically permissible under this section. (h) No person, governmental agency, or contractor, officer or employee thereof who receives information under this section shall disclose that information to any person other than the person to whom it relates, except as otherwise may be authorized by this section or other applicable law.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1077, s 1, eff. 5/25/2022. Amended by 2013 Tenn. Acts, ch. 183, s 7, eff. 7/1/2013. Acts 1996, ch. 745, §7; 2007 , ch. 484, § 112.