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ACLU Asks Attorney General John Ashcroft to Enforce Driver's License Information Privacy Law in Florida
April 8, 2003
MIAMI AND NEW YORK ? Saying state officials have ignored federal law and failed to protect people in Florida from becoming victims of identity fraud, the American Civil Liberties Union (ACLU) today asked Attorney General John Ashcroft to compel state officials to comply with a federal law that keeps driver's license records from getting in the wrong hands.
"In total disregard for federal law, the State of Florida has been requiring people to jump through hoops to protect the privacy of their personal information," said Howard Simon, Executive Director of the ACLU of Florida. "The burden is not on the Florida motorist to ask the state to protect their personal information. Rather, the burden is on the state to obtain express permission to sell or release people's personal data."
In Florida, Department of Highway Safety and Motor Vehicles records (including drivers' licenses, identification cards, vehicle registrations and titles) are classified as "public records," giving virtually anyone access to those records maintained by the department. Federal law bans state officials from sharing anyone's personal information unless they obtain express permission to do so. Nevertheless, in past years the state has been selling that information to marketers and companies that traffic in personal data without even notifying people that their information is being sold. According to state records, the motor vehicle department collected in excess of $27 million in fees during fiscal year 2001-2002 from the sale of driving and motor vehicle records.
Florida also fails to provide heightened privacy protection for "highly restricted personal information," as required by federal law. Consequently, the state's motor vehicle department is permitted by state law to release such personal information as a motorist's photograph, Social Security number, medical condition or disability, without obtaining the consent of the motorist.
"Americans are facing major new threats to their privacy each day and they should be able to look to their state governments for assistance in preserving their privacy," said Barry Steinhardt, Director of the Technology and Liberty Program of the National ACLU. "With identity theft quickly emerging as one of the nation's fastest-growing crimes, citizens are shocked to learn that local government officials are making their personal information available to criminals and others who might want to use their data for malicious reasons. And they are even more surprised to find that this is taking place when such activities have already been banned by Congress."
The ACLU letter, signed by Simon and Steinhardt, was transmitted to the Attorney General today. It outlines ACLU concerns with the state's blatant disregard for federal law and privacy rights. The ACLU cited the Driver's Privacy Protection Act (DPPA), a federal law that bans state officials from sharing the personal information they collect when administering driver's licenses unless they obtain a person's "express consent" to do so. Passed by Congress in 1994 and upheld by the Supreme Court in 2000, the law also mandates that states keep the information private in most circumstances. It was passed after the tragic murder of actress Rebecca Schaeffer by a stalker who obtained her address from the California Department of Motor Vehicles.
For Immediate Release:
Tuesday, April 8, 2003
Media Contact:
Miami: Alessandra Soler Meetze, Communications Director, (305) 576-2337, ext. 16
Tallahassee: Larry Spalding, Legislative Staff Counsel (850)
425-1050
Washington: Jay Stanley, (202) 715-0818
