Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

HB 12-1231 Access to Drivers Information for Private Investigators Rep. Ryden & Sen. Spence Staff Name: Ashley Boothby What the Bill Does: The Federal Drivers Privacy Protection Act (DPPA) prohibits the release of certain personal information from state departments of motor vehicles (DMVs) to third parties, except for limited, permitted purposes, including for use by any licensed private investigative agency or licensed security service.1 Colorado state law currently provides that records custodians at state DMV offices can release personal information from drivers records for use by any private investigative agency or security service for any [permitted] purpose.2 Private investigators seeking information from DMV offices under this provision sign a requestor release form and an affidavit of intended use, indicating that they are working as private investigators and will use the requested information for a permitted purpose.3 Last year, Colorado passed a law allowing for the voluntary licensure of private investigators.4 The legislation allows licenses to be issued to private investigators who meet certain requirements, like 4,000 hours of work experience.5 To reflect the new possibility of licensure, and to make the state law better mirror the DPPA, H.B. 12-1231 would amend Colorado law to provide that personal information can be released for use by any private investigator licensed pursuant to [state law], licensed private investigative agency, or licensed security service for any [permitted] purpose. Permitted purposes include, for example, verifying the accuracy of personal information submitted by an individual to a business, using the information in connection with any civil or criminal proceeding, or using the information for certain research activities.6 Colorado Context: Because the licensure requirements are still voluntary, it is unclear whether this change would restrict the ability of unlicensed private investigators to obtain information if they indicate that they will use the information for a permitted purpose. However, proponents of the bill believe that it would strengthen the bona fides of licensed private investigators to obtain information from records custodians.
1 2

18 U.S.C. 2721(b)(8) (emphasis added). C.R.S. 24-72-204(7)(b)(VIII). 3 C.R.S. 42-1-206(1)(b), 24-72-204(7)(c)(III). 4 H.B. 11-1195 (available at http://www.leg.state.co.us/clics/clics2011a/csl.nsf/billcontainers/36A0D2670890C97F87257817005786ED/$FILE/1195_enr.pdf ) 5 Id. 6 C.R.S. 24-42-204(b).

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

National Context: The DPPA was passed in the wake of the death of actress Rebecca Schaeffer, who was murdered by an obsessed fan who had found her unlisted address using California Motor Vehicles records.7 Prior to its passage, DMV information was widely available to the public and various states were selling drivers license information to direct marketing companies, charities and political campaigns.8 While all states are required to comply with the DPPAs floor of protections, some state laws are more restrictive than the DPPA. For example, Arkansas and Wyoming only release personal information to the licensee, a person who has written permission from a licensee, or a traffic court, law enforcement or governmental agency who requires the information to perform required duties.9 Bill Provisions: Would allow the Department of Motor Vehicles, upon obtaining a completed requestor release form, to release personal information for use by any licensed private investigator, licensed private investigative agency, or licensed security service, if such information is used for a permitted purpose. Fiscal Impact: The Colorado Legislative Council estimates that H.B. 12-1231 will minimally affect the workload of the Department of Revenue, because it will need to update the Departments rules, forms, manuals and websites; however, the Department also anticipates increased revenues to result from additional applicants to the licensing program for private investigators. The exact increase in revenue, however, was not known at the time the fiscal note was written.10

Jennifer Lee, Welcome to the Database Lounge, N.Y. TIMES (March 21, 2002), http://www.nytimes.com/2002/03/21/technology/welcome-to-the-database-lounge.html?pagewanted=2&src=pm. 8 Id. 9 The Drivers Privacy Protection Act (DPPA) and the Privacy of Your State Motor Vehicle Record, The Electronic Privacy Information Center, http://epic.org/privacy/drivers/. 10 Kelli Keltry, Fiscal Note: H.B. 12-1231 (Feb. 10, 2012), http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/85AF6869980C22B187257987006896B8?Open&file=HB1231_00 .pdf.

DRAFT 2/26/2012 9:26 PM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.