When hiring a person to drive one of your company vehicles, it is obviously important to include a thorough screening of the applicant’s driving record as part of the hiring process. However, there are some things you need to keep in mind. Enter the Drivers Privacy Protection Act (DPPA).
What is the DPPA?
The DPPA was enacted in 1994 to protect the privacy of Americans’ driving records and the personal information on their drivers’ licenses. The DPPA was passed in reaction to a series of incidents where drivers’ personal information was used for illegal purposes. In one case, an individual obtained thousands of personal records from a state’s Department of Motor Vehicles in order to send massive amounts of junk mail. Another case involved personal information obtained in order to perpetrate identity theft. However, the most prominent incident was the death of actress Rebecca Schaeffer. In this case an obsessed fan was able to obtain the actress address through her California driver’s license. The fan then used this information to stalk and eventually kill her. California Senator Boxer wrote the original DPPA bill which was swiftly passed.
What does the DPPA allow?
The DPPA requires all states to protect the privacy of personal information contained in an individual’s driving record. This information can include the driver’s name, address, phone number, Social Security Number, photograph, physical description and any medical or disability information. The act does have exceptions, however. Under 18 U.S.C. ss2721, drivers’ information may be released for:
- Use by an government agency, including any court or law enforcement agency in the normal course of carrying out their duties, and any private person or entity acting on behalf of a federal, state or local agency to assist them in carrying out their normal duties.
- For use in connection with matters of motor vehicle or driver’s safety and theft; motor vehicle emissions, motor vehicle product alterations or recalls.
- For use by federal, state or local courts or self-regulatory bodies.
- For use in providing notice to the owners of towed or impounded vehicles.
- For use by licensed private investigators or licensed security service as long as that use is provided by the law.
- For use in the normal course of business by legitimate businesses, their agents, employees or contractors. This includes, “To verify the accuracy of personal information submitted by the individual to the business, its employees, or its contractors.”
- In response to a request where the requester can show written consent of the individual whose driving record must be verified.
There are other exemptions, of course, and a state may add protections broader than the DPPA.
What does all of this mean to you, the employer? The employer, with written consent from the applicant, can obtain the information contained in the applicant’s driving record from a licensed private investigator or government agency. If a person has not given his or her consent to have the information contained in his records disclosed, the DPPA limits sharing the obtained information. In addition, records must be kept of each additional disclosure identifying each person or entity receiving the information and for what purpose it was used. These disclosure records must be kept in a secure place for five years.
The DPPA provides a federal baseline of protection for individuals, thus state legislatures may pass laws to supplement laws already in effect. Some state laws are more restrictive than the federal rules. Your investigator should know the laws or be able to easily obtain the law for each state in which he or she does background screenings.
Additional unlawful acts.
In addition to federal and state DPPA regulations, it is unlawful for a person knowingly to obtain or disclose personal information from a motor vehicle record for any use not permitted under the DPPA. It is also unlawful for a person to make false representations to obtain any personal information from an individual’s motor vehicle record.
The Penalties.
Each state varies as noted above, but the federal law allows for strict penalties, especially for substantial noncompliance of the law. The fine can be as much as $5,000 per day for each day of noncompliance. In addition, state courts may award actual damages, punitive damages and reasonable attorney fees and other litigation costs.
Now What?
In order to comply with the DPPA rules, verify that the person who is doing your background checks is a licensed private investigator who is aware of the DPPA and approved to obtain information. Only a DPPA-approved investigator has access to DPPA – approved driving record databases to get accurate and up to date information. Your investigator should have the necessary release forms for the applicant to sign that complies with DPPA federal and state regulations.
Now you know how to properly obtain the driving record of an applicant before you put him or her behind the wheel of one of your vehicles. I might add that non-profit or faith based organizations are not exempt and thus should also thoroughly investigate the driving record of all applicants who may be driving their vehicles.
This article does not intend to offer legal advice nor should the reader consider it to offer legal advice.
Resources
Drivers Privacy Protection Act (public law 103-322)
“The Constitutionality of the Driver’s Privacy Protection Act” 52 Fed. Comm. L.J.(1999)
Copyright © 2010 Sandy Glover
