Driver History Records Request

Personal Information Laws Step 1 of 3

You have requested a document that contains personal information. To proceed, read the information below and select the "Proceed" button to enter Driver Records Request.

Several federal and state laws, including the federal Driver Privacy Protection Act (US Code, Title 18, §2721, et seq.), the South Carolina Family Privacy Protection Act (SC Code §30-2-10, et seq.), and the South Carolina Freedom of Information Act (SC Code §30-4-10, et seq.), control the release and use of personal information from DMV records.

• Procurement for Unlawful Purpose

  It is unlawful for any person knowingly to obtain or disclose personal information, from an individual's motor vehicle record, unless the person obtaining the information is specifically entitled to it under federal and state law and any person to whom the information is transferred is also specifically entitled to it.
  

• Procurement for Commercial Solicitation

  South Carolina law specifically states that personal information from state records may not be obtained or used for commercial solicitation.
  

• Criminal Penalties

  A person who knowingly violates the federal Driver Privacy Protection Act is guilty of a federal crime and is subject to a fine of $5000.00 for each record obtained illegally.
  A person who knowingly violates the South Carolina Family Privacy Protection Act is guilty of a misdemeanor and is subject to a fine up to $500.00 plus imprisonment up to one year.
  

• Civil Actions

  A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under the federal Driver Privacy Protection Act shall be liable to the individual to whom the information pertains, who may bring a civil action in United States District Court. The minimum damages that will be awarded by the federal court will be $2500.00, plus punitive damages and attorneys ’ fees.

  A person who knowingly obtains, discloses or uses personal information, from a state record, for a purpose not permitted under the South Carolina Family Privacy Protection Act will be subject to suit in state court by the state and by the individual to whom the information pertains. Damages and costs will be awarded in accord with South Carolina tort law.
  

• Re-disclosure and Resale

  A person who obtains Motor Vehicle record information for a permitted use and who resells or re-discloses the information must maintain records of any entity or person that received the information and the permitted use for which it was transferred for a period of not less than five years. These records must be made available to the Department of Motor Vehicles upon request.

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