Congress enacted the Driver's Privacy Protection Act (18 U.S.C. 2721-2725) in 1994 after the murder of actress Rebecca Shaeffer. Her assailant had gotten her address from the California Department of Motor Vehicles.

The Act generally prohibits states from disclosing personal information that their drivers submit in order to obtain driver's licenses. "Personal information" under the Act includes an individual's photograph, social security number, driver identification number, name, address (but not 5-digit zip code), telephone number, and medical or disability information. Information on vehicular accidents, driving violations, and driver's status is not "personal information." States must disclose personal information for certain purposes, and may disclose it for a long list of fourteen other purposes.

In 2000, the Act was amended to create a new class of "highly restricted personal information." This includes an individual's photograph or image, social security number, and medical or disability information. This information may not be shared without the express consent of the person to whom the information applies, except for four purposes stated in the Act.

Abiding by the DPPA:

Pre-employment screening is considered by the DPPA to be a permissible purpose for requesting DMV records. Most states are still trying to develop compliance policies designed to deal with the DPPA. As a result, the laws vary by state and change rapidly.

We require that our clients fax in the authorization form when requesting driving records from most states. We are able to obtain records from most states within a reasonable period of time (1-3 days). We recognize that our future ability to do this may be jeopardized if we do not obtain the full documentation of consent from each job applicant. We believe that this is an effective means of maintaining compliance with the DPPA, and therefore helping to ensure access to these records in the future.