West Virginia Code 17A-2A-7 – Permitted disclosures
The division or its designee shall disclose personal information as defined in section three of this article to any person who requests the information if the person: (a) Has proof of his or her identity; and (b) verifies that the use of the personal information will be strictly limited to one or more of the following:
Terms Used In West Virginia Code 17A-2A-7
- dealers: is a general term meaning, depending upon the context in which used, either a new motor vehicle dealer, used motor vehicle dealer, factory-built home dealer, recreational vehicle dealer, trailer dealer or motorcycle dealer, as defined in §. See West Virginia Code 17A-1-1
- Disclose: means to make available or make known information contained in a motor vehicle record to any person, organization or entity. See West Virginia Code 17A-2A-3
- Division: means the Division of Motor Vehicles. See West Virginia Code 17A-2A-3
- Fraud: Intentional deception resulting in injury to another.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Motor vehicle: means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See West Virginia Code 17A-1-1
- Owner: means a person who holds the legal title to a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be considered the owner for the purpose of this chapter. See West Virginia Code 17A-1-1
- Person: means an individual, organization or entity, but does not include the state or an agency thereof. See West Virginia Code 17A-2A-3
- Personal information: means information that identifies a person, including his or her photograph or computerized image, social security number, driver identification number, name, address excluding the five-digit zip code, telephone number and medical or disability information. See West Virginia Code 17A-2A-3
- Service of process: The service of writs or summonses to the appropriate party.
(1) For use by any governmental agency, including any court or law-enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a governmental agency in carrying out its functions;
(2) For use in connection with matters of motor vehicle or driver safety and theft, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles, motor vehicle parts and dealers, motor vehicle market research activities including survey research and removal of nonowner records from the original owner records of motor vehicle manufacturers;
(3) For use in the normal course of business by a legitimate business or its agents, employees or contractors:
(A) For the purpose of verifying the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors; and
(B) If the information as submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against or recovering on a debt or security interest against the individual;
(4) For use in conjunction with any civil, criminal, administrative, or arbitral proceeding in any court or governmental agency or before any self-regulatory body, including investigation in anticipation of litigation, the service of process, the execution or enforcement of judgments and orders, or pursuant to an order of any court;
(5) For use in research and producing statistical reports, so long as the personal information is not published, redisclosed or used to contact individuals;
(6) For use by any insurer or insurance support organization or by a self-insured entity, its agents, employees or contractors in connection with claim investigation activities, antifraud activities, rating or underwriting;
(7) For use in providing notice to the owners of towed or impounded vehicles;
(8) For use by any licensed private investigator agency or licensed security service for any purpose permitted under this section;
(9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.);
(10) For use in connection with the operation of private toll transportation facilities; and
(11) For any other use specifically authorized by law that is related to the operation of a motor vehicle or public safety.