Hi there,
Private Investigators are able to access the personal information
contained in a person's driving records. Whether they are doing it
100% legally is a different matter.
Generally speaking, access to drivers records is restricted to the
individual and anyone they have given permission to. There are
exceptions, including:
"Personal information may be disclosed for use by a licensed private
investigative agency or licensed security service for any purpose
permitted under this law."
Some Legit Purposes
-------------------
- To verify the accuracy of personal information submitted by an
individual to a business.
- In connection with claims investigation activities, antifraud
activities, insurance rating or underwriting.
- In connection with any civil, criminal, administrative, or arbitral
proceeding in any Federal, State, or local court or agency or before
any self-regulating body.
- Providing notice to the owners of towed or impounded vehicles.
Complete details are at:
List of Permissible Uses for Personal Information Under Federal
Driver's Privacy Protection Act
http://www.nydmv.state.ny.us/puse.htm
I have visited some websites that offer driving record's info. Some
provide the service only after you offer written evidence that you are
entitled to receive the information, for example:
Note: DMV records are available ONLY to qualified business clients and
those requesting their own records. You must have a legitimate and
lawful purpose under the Drivers Privacy Protection Act to request
such records, and provide written evidence of such purpose before the
request can be processed.
USInfoSearch
http://www.usinfosearch.com/vehicle_registration_records_by_.htm
Another firm does not require such evidence:
LocateInformation.com
http://www.locateinformation.com/dmv.shtml
Although you must indemnify them via the Terms and Conditions, which
include this clause:
Buyer/Customer warrants that requested searches are legal and proper
in his/her jurisdiction, as well as that of subjects jurisdiction, and
complies with all applicable laws (local and state) and Buyer bears
full legal costs in event of suit, and further will hold all
information strictly confidential. All information obtained through
PDJ is to be used in the course of applicable FCRA approved purposes.
http://www.locateinformation.com/terms.htm
My Impression
-------------
My guess is that Private Investigators can access DMV information
without offering evidence as to the legitimacy of their query. They
either require evidence from the customer, or they get them to state
that they pass the requirements (and the customer takes
responsibility). I wouldn't be surprised if there is a loophole, a
generic legitimate purpose that cannot be disproved.
I can imagine that this could be the loophole:
"investigation in anticipation of litigation"
One could claim that they observed the vehicle doing something, and
they are looking into the possibility of taking legal action.
Search strategy: personal bookmarks
Best wishes and merry Xmas,
robertskelton-ga |