South Carolina Drivers License database decision

[Paul Jones <pjones@metalab.unc.edu>]

http://www4.law.cornell.edu/cgi-bin/htm_hl?DB=SupremeCourt&STEMMER=en&WORDS=south+carolina+driver+licens+&COLOUR=Red&STYLE=s&URL=http://supct.law.cornell.edu/supct/html/98-1464.ZO.html#muscat_highlighter_first_match

also known as: Reno vs Condon

Delivered January 12, 2000

 Chief Justice Rehnquist delivered the opinion of the Court. 

    The Driver'9s Privacy Protection Act of 1994 (DPPA or Act), 18 U.S.C.  
2721--2725 (1994 ed. and Supp. III), regulates the disclosure of personal
information contained in the records of state motor vehicle departments
(DMVs). We hold that in enacting this statute Congress did not run afoul
of the federalism principles enunciated in New York v. United States, 505
U.S. 144 (1992), and Printz v. United States, 521 U.S. 898 (1997).

    The DPPA regulates the disclosure and resale of personal information
contained in the records of state DMVs. State DMVs require drivers and
automobile owners to provide personal information, which may include a
person'9s name, address, telephone number, vehicle description, Social
Security number, medical information, and photograph, as a condition of
obtaining a driver'9s license or registering an automobile. Congress found
that many States, in turn, sell this personal information to individuals
and businesses. See, e.g., 139 Cong. Rec. 29466, 29468, 29469 (1993); 140
Cong. Rec. 7929 (1994) (remarks of Rep. Goss). These sales generate
significant revenues for the States. See Travis v. Reno, 163 F.3d 1000,
1002 (CA7 1998) (noting that the Wisconsin Department of Transportation
receives approximately $8 million each year from the sale of motor vehicle
information).

    The DPPA establishes a regulatory scheme that restricts the States'9
ability to disclose a driver'9s personal information without the driver'9s
consent. The DPPA generally prohibits any state DMV, or officer, employee,
or contractor thereof, from ``knowingly disclos[ing] or otherwise mak[ing]
available to any person or entity personal information about any
individual obtained by the department in connection with a motor vehicle
record.'' 18 U.S.C.  2721(a). The DPPA defines ``personal information'' as
any information ``that identifies an individual, including an
individual'9s photograph, social security number, driver identification
number, name, address (but not the 5-digit zip code), telephone number,
and medical or disability information,'' but not including ``information
on vehicular accidents, driving violations, and driver'9s status.''
2725(3). A ``motor vehicle record'' is defined as ``any record that
pertains to a motor vehicle operator'9s permit, motor vehicle title, motor
vehicle registration, or identification card issued by a department of
motor vehicles.'' 2725(1).

    The DPPA'9s ban on disclosure of personal information does not apply
if drivers have consented to the release of their data. When we granted
certiorari in this case, the DPPA provided that a DMV could obtain that
consent either on a case-by-case basis or could imply consent if the State
provided drivers with an opportunity to block disclosure of their personal
information when they received or renewed their licenses and drivers did
not avail themselves of that opportunity. 2721(b)(11), (13), and (d).
However, Public Law 106--69, 113 Stat. 986, which was signed into law on
October 9, 1999, changed this ``opt-out'' alternative to an ``opt-in''
requirement. Under the amended DPPA, States may not imply consent from a
driver'9s failure to take advantage of a state-afforded opportunity to
block disclosure, but must rather obtain a driver'9s affirmative consent
to disclose the driver'9s personal information for use in surveys,
marketing, solicitations, and other restricted purposes. See Pub. L.
106--69, 113 Stat. 986 350(c), (d), and (e), App. to Supp. Brief for
Petitioners 1(a), 2(a).

whole opinion is
at: http://www4.law.cornell.edu/cgi-bin/htm_hl?DB=SupremeCourt&STEMMER=en&WORDS=south+carolina+driver+licens+&COLOUR=Red&STYLE=s&URL=http://supct.law.cornell.edu/supct/html/98-1464.ZO.html#muscat_highlighter_first_match