18 U.S.C. § 2721 — Prohibition on release and use of certain

Page 670 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2713 shall accrue on the date upon which the claim- ant first has a reasonable opportunity to dis- cover the violation. (3) Any action under this section shall be tried to the court without a jury. (4) Notwithstanding any other provision of law, the procedures set forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence Sur- veillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which materials gov- erned by those sections may be reviewed. (5) An amount equal to any award against the United States under this section shall be reim- bursed by the department or agency concerned to the fund described in section 1304 of title 31, United States Code, out of any appropriation, fund, or other account (excluding any part of such appropriation, fund, or account that is available for the enforcement of any Federal law) that is available for the operating expenses of the department or agency concerned. (c) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate depart- ment or agency finds that the circumstances surrounding the violation raise serious ques- tions about whether or not an officer or em- ployee of the United States acted willfully or in- tentionally with respect to the violation, the de- partment or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the de- partment or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdic- tion over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. (d) EXCLUSIVE REMEDY.—Any action against the United States under this subsection shall be the exclusive remedy against the United States for any claims within the purview of this sec- tion. (e) STAY OF PROCEEDINGS.—(1) Upon the mo- tion of the United States, the court shall stay any action commenced under this section if the court determines that civil discovery will ad- versely affect the ability of the Government to conduct a related investigation or the prosecu- tion of a related criminal case. Such a stay shall toll the limitations periods of paragraph (2) of subsection (b). (2) In this subsection, the terms ‘‘related criminal case’’ and ‘‘related investigation’’ mean an actual prosecution or investigation in progress at the time at which the request for the stay or any subsequent motion to lift the stay is made. In determining whether an investigation or a criminal case is related to an action com- menced under this section, the court shall con- sider the degree of similarity between the par- ties, witnesses, facts, and circumstances in- volved in the 2 proceedings, without requiring that any one or more factors be identical. (3) In requesting a stay under paragraph (1), the Government may, in appropriate cases, sub- mit evidence ex parte in order to avoid dis- closing any matter that may adversely affect a related investigation or a related criminal case. If the Government makes such an ex parte sub- mission, the plaintiff shall be given an oppor- tunity to make a submission to the court, not ex parte, and the court may, in its discretion, re- quest further information from either party. (Added Pub. L. 107–56, title II, § 223(c)(1), Oct. 26, 2001, 115 Stat. 294.) Editorial Notes REFERENCES IN TEXT Sections 106, 305, and 405 of the Foreign Intelligence Surveillance Act of 1978, referred to in subsecs. (a) and (b)(4), are classified to sections 1806, 1825, and 1845, re- spectively, of Title 50, War and National Defense. The Federal Tort Claims Act, referred to in subsec. (b)(1), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substan- tially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Proce- dure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Ta- bles. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28. § 2713. Required preservation and disclosure of communications and records A provider of electronic communication serv- ice or remote computing service shall comply with the obligations of this chapter to preserve, backup, or disclose the contents of a wire or electronic communication and any record or other information pertaining to a customer or subscriber within such provider’s possession, custody, or control, regardless of whether such communication, record, or other information is located within or outside of the United States. (Added Pub. L. 115–141, div. V, § 103(a)(1), Mar. 23, 2018, 132 Stat. 1214.) CHAPTER 123—PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFOR- MATION FROM STATE MOTOR VEHICLE RECORDS Sec. 2721. Prohibition on release and use of certain per- sonal information from State motor vehicle records. 2722. Additional unlawful acts. 2723. Penalties. 2724. Civil action. 2725. Definitions. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, title VI, § 604(a)(3), Oct. 11, 1996, 110 Stat. 3506, added analysis. § 2721. Prohibition on release and use of certain personal information from State motor vehi- cle records (a) IN GENERAL.—A State department of motor vehicles, and any officer, employee, or con- Page 671 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2721 tractor thereof, shall not knowingly disclose or otherwise make available to any person or enti- ty: (1) personal information, as defined in 18 U.S.C. 2725(3), about any individual obtained by the department in connection with a motor vehicle record, except as provided in sub- section (b) of this section; or (2) highly restricted personal information, as defined in 18 U.S.C. 2725(4), about any indi- vidual obtained by the department in connec- tion with a motor vehicle record, without the express consent of the person to whom such in- formation applies, except uses permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9): Pro- vided, That subsection (a)(2) shall not in any way affect the use of organ donation informa- tion on an individual’s driver’s license or af- fect the administration of organ donation ini- tiatives in the States. (b) PERMISSIBLE USES.—Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor ve- hicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, re- calls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Disclo- sure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and chapters 301, 305, and 321–331 of title 49, and, subject to subsection (a)(2), may be disclosed as follows: (1) For use by any government agency, in- cluding 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 func- tions. (2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle prod- uct alterations, recalls, or advisories; perform- ance monitoring of motor vehicles, motor ve- hicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manu- facturers. (3) For use in the normal course of business by a legitimate business or its agents, employ- ees, or contractors, but only— (A) to verify the accuracy of personal in- formation submitted by the individual to the business or its agents, employees, or contractors; and (B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the indi- vidual. (4) For use in connection with any civil, criminal, administrative, or arbitral pro- ceeding 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) For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redis- closed, or used to contact individuals. (6) For use by any insurer or insurance sup- port organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activi- ties, antifraud activities, rating or under- writing. (7) For use in providing notice to the owners of towed or impounded vehicles. (8) For use by any licensed private investiga- tive agency or licensed security service for any purpose permitted under this subsection. (9) For use by an employer or its agent or in- surer to obtain or verify information relating to a holder of a commercial driver’s license that is required under chapter 313 of title 49. (10) For use in connection with the operation of private toll transportation facilities. (11) For any other use in response to re- quests for individual motor vehicle records if the State has obtained the express consent of the person to whom such personal information pertains. (12) For bulk distribution for surveys, mar- keting or solicitations if the State has ob- tained the express consent of the person to whom such personal information pertains. (13) For use by any requester, if the re- quester demonstrates it has obtained the writ- ten consent of the individual to whom the in- formation pertains. (14) For any other use specifically author- ized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety. (c) RESALE OR REDISCLOSURE.—An authorized recipient of personal information (except a re- cipient under subsection (b)(11) or (12)) may re- sell or redisclose the information only for a use permitted under subsection (b) (but not for uses under subsection (b)(11) or (12)). An authorized recipient under subsection (b)(11) may resell or redisclose personal information for any purpose. An authorized recipient under subsection (b)(12) may resell or redisclose personal information pursuant to subsection (b)(12). Any authorized recipient (except a recipient under subsection (b)(11)) that resells or rediscloses personal infor- mation covered by this chapter must keep for a period of 5 years records identifying each person or entity that receives information and the per- mitted purpose for which the information will be used and must make such records available to the motor vehicle department upon request. (d) WAIVER PROCEDURES.—A State motor vehi- cle department may establish and carry out pro- cedures under which the department or its agents, upon receiving a request for personal in- formation that does not fall within one of the exceptions in subsection (b), may mail a copy of the request to the individual about whom the in- formation was requested, informing such indi- vidual of the request, together with a statement Page 672 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2721 to the effect that the information will not be re- leased unless the individual waives such individ- ual’s right to privacy under this section. (e) PROHIBITION ON CONDITIONS.—No State may condition or burden in any way the issuance of an individual’s motor vehicle record as defined in 18 U.S.C. 2725(1) to obtain express consent. Nothing in this paragraph shall be construed to prohibit a State from charging an administra- tive fee for issuance of a motor vehicle record. (Added Pub. L. 103–322, title XXX, § 300002(a), Sept. 13, 1994, 108 Stat. 2099; amended Pub. L. 104–287, § 1, Oct. 11, 1996, 110 Stat. 3388; Pub. L. 104–294, title VI, § 604(b)(46), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 106–69, title III, § 350(c), (d), Oct. 9, 1999, 113 Stat. 1025; Pub. L. 106–346, § 101(a) [title III, § 309(c)–(e)], Oct. 23, 2000, 114 Stat. 1356, 1356A–24.) Editorial Notes REFERENCES IN TEXT The Anti Car Theft Act of 1992, referred to in subsec. (b), is Pub. L. 102–519, Oct. 25, 1992, 106 Stat. 3384. For complete classification of titles I and IV of the Act to the Code, see Tables. The Automobile Information Disclosure Act, referred to in subsec. (b), is Pub. L. 85–506, July 7, 1958, 72 Stat. 325, which is classified generally to chapter 28 (§ 1231 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1231 of Title 15 and Tables. The Clean Air Act, referred to in subsec. (b), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–346, § 101(a) [title III, § 309(c)], reenacted heading without change and amend- ed text generally. Prior to amendment, text read as fol- lows: ‘‘Except as provided in subsection (b), a State de- partment of motor vehicles, and any officer, employee, or contractor, thereof, shall not knowingly disclose or otherwise make available to any person or entity per- sonal information about any individual obtained by the department in connection with a motor vehicle record.’’ Subsec. (b). Pub. L. 106–346, § 101(a) [title III, § 309(d)], inserted ‘‘, subject to subsection (a)(2),’’ before ‘‘may be disclosed’’ in introductory provisions. Subsec. (e). Pub. L. 106–346, § 101(a) [title III, § 309(e)], added subsec. (e). 1999—Subsec. (b)(11). Pub. L. 106–69, § 350(c), sub- stituted ‘‘if the State has obtained the express consent of the person to whom such personal information per- tains’’ for ‘‘if the motor vehicle department has pro- vided in a clear and conspicuous manner on forms for issuance or renewal of operator’s permits, titles, reg- istrations, or identification cards, notice that personal information collected by the department may be dis- closed to any business or person, and has provided in a clear and conspicuous manner on such forms an oppor- tunity to prohibit such disclosures’’. Subsec. (b)(12). Pub. L. 106–69, § 350(d), substituted ‘‘if the State has obtained the express consent of the per- son to whom such personal information pertains’’ for ‘‘if the motor vehicle department has implemented methods and procedures to ensure that— ‘‘(A) individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses; and ‘‘(B) the information will be used, rented, or sold solely for bulk distribution for surveys, marketing, and solicitations, and that surveys, marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them’’. 1996—Subsec. (b). Pub. L. 104–287, § 1(1), in introduc- tory provisions, substituted ‘‘titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Dis- closure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and chapters 301, 305, and 321–331 of title 49’’ for ‘‘the Automobile Information Disclosure Act, the Motor Vehicle Information and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act’’. Subsec. (b)(9). Pub. L. 104–287, § 1(2), substituted ‘‘chapter 313 of title 49’’ for ‘‘the Commercial Motor Ve- hicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.)’’. Subsec. (c). Pub. L. 104–294 substituted ‘‘covered by this chapter’’ for ‘‘covered by this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–69, title III, § 350(g)(2), Oct. 9, 1999, 113 Stat. 1025, provided that: ‘‘Subsections (b), (c), and (d) [amending this section] shall be effective on June 1, 2000, excluding the States of Arkansas, Montana, Ne- vada, North Dakota, Oregon, and Texas that shall be in compliance with subsections (b), (c), and (d) within 90 days of the next convening of the State legislature and excluding the States of Wisconsin, South Carolina, and Oklahoma that shall be in compliance within 90 days following the day of issuance of a final decision on Reno vs. Condon by the United States Supreme Court if the State legislature is in session, or within 90 days of the next convening of the State legislature following the issuance of such final decision if the State legisla- ture is not in session.’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. EFFECTIVE DATE Pub. L. 103–322, title XXX, § 300003, Sept. 13, 1994, 108 Stat. 2102, provided that: ‘‘The amendments made by section 300002 [enacting this chapter] shall become ef- fective on the date that is 3 years after the date of en- actment of this Act [Sept. 13, 1994]. After the effective date, if a State has implemented a procedure under sec- tion 2721(b)(11) and (12) of title 18, United States Code, as added by section 2902 [probably should be section ‘‘300002(a)’’], for prohibiting disclosures or uses of per- sonal information, and the procedure otherwise meets the requirements of subsection (b)(11) and (12), the State shall be in compliance with subsection (b)(11) and (12) even if the procedure is not available to individuals until they renew their license, title, registration or identification card, so long as the State provides some other procedure for individuals to contact the State on their own initiative to prohibit such uses or disclo- sures. Prior to the effective date, personal information covered by the amendment made by section 300002 may be released consistent with State law or practice.’’ SHORT TITLE Pub. L. 103–322, title XXX, § 300001, Sept. 13, 1994, 108 Stat. 2099, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Driver’s Privacy Protec- tion Act of 1994’.’’ RELATIONSHIP TO OTHER LAW The Consumer Credit Reporting Reform Act of 1996 [see Short Title note set out under section 1601 of Title 15, Commerce and Trade] not to be considered to super- sede or otherwise affect this section with respect to motor vehicle records for surveys, marketing, or solici- Page 673 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2725 1 So in original. The period probably should be a semicolon. 1 So in original. First word only of item should be capitalized. tations, see section 2421 of Pub. L. 104–208, set out as a note under section 1681a of Title 15. § 2722. Additional unlawful acts (a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title. (b) FALSE REPRESENTATION.—It shall be unlaw- ful for any person to make false representation to obtain any personal information from an in- dividual’s motor vehicle record. (Added Pub. L. 103–322, title XXX, § 300002(a), Sept. 13, 1994, 108 Stat. 2101.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 3 years after Sept. 13, 1994, with provisions relating to release of per- sonal information before the effective date and compli- ance after such date, see section 300003 of Pub. L. 103–322, set out as a note under section 2721 of this title. § 2723. Penalties (a) CRIMINAL FINE.—A person who knowingly violates this chapter shall be fined under this title. (b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES.—Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance. (Added Pub. L. 103–322, title XXX, § 300002(a), Sept. 13, 1994, 108 Stat. 2101.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 3 years after Sept. 13, 1994, with provisions relating to release of per- sonal information before the effective date and compli- ance after such date, see section 300003 of Pub. L. 103–322, set out as a note under section 2721 of this title. § 2724. Civil action (a) CAUSE OF ACTION.—A person who know- ingly obtains, discloses or uses personal infor- mation, from a motor vehicle record, for a pur- pose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court. (b) REMEDIES.—The court may award— (1) actual damages, but not less than liq- uidated damages in the amount of $2,500; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorneys’ fees and other liti- gation costs reasonably incurred; and (4) such other preliminary and equitable re- lief as the court determines to be appropriate. (Added Pub. L. 103–322, title XXX, § 300002(a), Sept. 13, 1994, 108 Stat. 2101.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 3 years after Sept. 13, 1994, with provisions relating to release of per- sonal information before the effective date and compli- ance after such date, see section 300003 of Pub. L. 103–322, set out as a note under section 2721 of this title. § 2725. Definitions In this chapter— (1) ‘‘motor vehicle record’’ means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle reg- istration, or identification card issued by a de- partment of motor vehicles; (2) ‘‘person’’ means an individual, organiza- tion or entity, but does not include a State or agency thereof; (3) ‘‘personal information’’ means informa- tion that identifies an individual, including an individual’s photograph, social security num- ber, driver identification number, name, ad- dress (but not the 5-digit zip code), telephone number, and medical or disability informa- tion, but does not include information on ve- hicular accidents, driving violations, and driv- er’s status.1 (4) ‘‘highly restricted personal information’’ means an individual’s photograph or image, social security number, medical or disability information; and (5) ‘‘express consent’’ means consent in writ- ing, including consent conveyed electronically that bears an electronic signature as defined in section 106(5) of Public Law 106–229. (Added Pub. L. 103–322, title XXX, § 300002(a), Sept. 13, 1994, 108 Stat. 2102; amended Pub. L. 106–346, § 101(a) [title III, § 309(b)], Oct. 23, 2000, 114 Stat. 1356, 1356A–24.) Editorial Notes REFERENCES IN TEXT Section 106(5) of Public Law 106–229, referred to in par. (5), is classified to section 7006(5) of Title 15, Com- merce and Trade. AMENDMENTS 2000—Pars. (4), (5). Pub. L. 106–346 added pars. (4) and (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 3 years after Sept. 13, 1994, with provisions relating to release of per- sonal information before the effective date and compli- ance after such date, see section 300003 of Pub. L. 103–322, set out as a note under section 2721 of this title. PART II—CRIMINAL PROCEDURE Chap. Sec. 201. General provisions .............................. 3001 203. Arrest and commitment .................... 3041 204. Rewards for information con- cerning terrorist acts and espio- nage ..................................................... 3071 205. Searches and seizures ........................ 3101 206. Pen Registers and Trap and Trace Devices 1 ............................................. 3121 207. Release and detention pending ju- dicial proceedings ........................... 3141