THE TENSION BETWEEN FREEDOM OF INFORMATION AND PRIVACY PROTECTION ACTS FOR STATE DEPARTMENTS OF MOTOR VEHICLES. FINAL REPORT

With the increasing demand for the release of information gathered by governmental agencies, tension has arisen between the desire to disseminate public records and the desire to withhold an individual's personal information. The purpose of this paper is to examine the relationship between the freedom of information acts (FOIAs) and the privacy acts with respect to the personal information maintained by state departments of motor vehicles (DMVs). First, the general statutory framework of an FOIA is discussed with Virginia's FOIA used as a model. Next, even though state DMVs are not governed by federal FOIAs, federal case law is analyzed because of the large amount of federal litigation in this area and the guidance given by Supreme Court decisions. New York and Massachusetts case law is also analyzed because these states represent the extremes of restricted access and full disclosure, respectively. Finally, Virginia's case law is analyzed in relation to the approaches taken in New York, Massachusetts, and on the federal level. It is noted that state legislative reform is needed to protect individuals from the unwarranted release of their names and addresses. By expanding the definition of "personal information" to encompass facts that can be used to identify a particular individual, private citizens can better be protected against unsolicited mail, telephone calls, and press reports.

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• Record URL:
  • https://rosap.ntl.bts.gov/view/dot/19285
• Corporate Authors:

  Virginia Transportation Research Council

  530 Edgemont Road
  Charlottesville, VA  United States  22903
• Authors:
  • Brady, P M
• Publication Date: 1991-6

Media Info

• Pagination: 24 p.

Subject/Index Terms

• TRT Terms: Federal government; Legal documents; Litigation; Privacy; State motor vehicle departments
• Identifier Terms: Freedom of Information Act
• Geographic Terms: Massachusetts; New York (State); Virginia
• Old TRIS Terms: State department of motor vehicles
• Subject Areas: Administration and Management; Highways; Law; I10: Economics and Administration;

Filing Info

• Accession Number: 00611094
• Record Type: Publication
• Report/Paper Numbers: VTRC 91-R32, Proj 9004-061-940
• Files: NTL, TRIS, STATEDOT
• Created Date: Jul 31 1991 12:00AM