Form 851 - Request For Research Or Verification Of Motor Vehicle Record (Page 2 of 2) in pdf

Alaska Statute 28.10.505. Disclosure of personal information contained in motor vehicle records.

(a) Notwithstanding AS 40.25.300 and except as provided in this section, the department may not disclose personal information

contained in motor vehicle records maintained by the department under this chapter.

(b) Personal information shall be disclosed for use in connection with matters of motor vehicle or driver safety or 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 non-owner records from the original owner records of motor vehicle manufacturers as

required by federal law.

(c) Personal information may be disclosed if the requesting person demonstrates, in a form and manner the department prescribes, that

the requesting person has obtained the written consent of the person who is the subject of the information.

(d) Personal information may be disclosed by the department upon proof of the identity of the person requesting a record and

representation by the requesting person that the use of the personal information is strictly limited to one or more of the following

uses:

(1) for use by a government agency, including a court or law enforcement agency, in carrying out its functions, or a private person

or entity acting on behalf of a government agency in carrying out its functions;

(2) for use in the normal course of business by a legitimate business or an agent, employee, or contractor of the business, but only

(A) to verify the accuracy of personal information submitted by an individual to the business or an agent, employee, or

contractor of the business; and

(B) if the information submitted is not 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, an individual;

(3) for use in connection with a civil, criminal, administrative, or arbitration proceeding in a court or government agency or before a

self-regulatory body, including service of process and the execution or enforcement of a judgment or court order;

(4) for use in research activities, or in producing statistical reports, if the personal information is not published, redisclosed, or used

to contact an individual;

(5) for use by an insurer or insurance support organization, or by a self-insured entity, or an agent, employee, or contractor of an

insurer, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting;

(6) for use in providing notice to the owners of towed or impounded vehicles;

(7) for use by an employer or an agent or insurer of an employer to obtain or verify information relating to a holder of a commercial

driver's license that is required under 49 U.S.C. 31101 - 31162 (Commercial Motor Vehicle Safety Act);

(8) for use in connection with the operation of private toll transportation facilities;

(9) for use in connection with a legitimate business operating under a contract with the department;

(10) for bulk distribution for surveys, marketing, or solicitations if the person who is the subject of the information has provided

written consent to the release; and

(11) any other purpose specifically authorized by law that is related to the operation of a motor vehicle or related to public safety.

(e) Personal information contained in an individual record may be disclosed, without regard to the intended use of the personal

information, if the person who is the subject of the information has provided written consent to the release.

Federal Drivers Privacy Protection Act 18 U.S.C. § 2724. Civil Action

(a) Cause of Action – A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a

purpose 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 liquidated 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 litigation costs reasonably incurred; and

(4) such other preliminary and equitable relief as the court determines to be appropriate.

Alaska.gov/dmv

Form 851 (Rev. 10/2014)

Form 851 - Request For Research Or Verification Of Motor Vehicle Record Page 2

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