Oregon Statutes 802.195 – Social Security numbers; disclosure; fees; penalty
(1) As used in this section:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 802.195
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) ‘Motor vehicle record’ means any record that pertains to a grant of driving privileges, an identification card issued by the Department of Transportation, a vehicle title or a vehicle registration.
(b) ‘Person’ has the meaning given that term in ORS § 802.175.
(2) Neither the Department of Transportation nor any officer, employee or contractor of the department may knowingly disclose or otherwise make available to any person:
(a) An individual’s Social Security number that is obtained by the department in connection with a motor vehicle record; or
(b) Whether a person provided a Social Security number to the department when applying for a driver license, driver permit or identification card.
(3) Notwithstanding subsection (2) of this section, the department may, upon the request of another government agency, or shall, as required by law, disclose an individual’s Social Security number or lack thereof from a motor vehicle record to the other agency for use in carrying out the other agency’s governmental functions.
(4) An Oregon government agency that receives an individual’s Social Security number under subsection (3) of this section may not redisclose the Social Security number except as required by law. An Oregon government agency that rediscloses a Social Security number as authorized by this subsection shall keep for five years records that identify each other government agency that receives the Social Security number. Records kept in accordance with this subsection must be made available to the department upon request.
(5) The department may establish fees reasonably calculated to reimburse the department for the actual cost of making an individual’s Social Security number available to a government agency as required in subsection (3) of this section.
(6) Nothing in this section prohibits an individual from having access to that individual’s own Social Security number that is contained in motor vehicle records.
(7) Knowingly obtaining or using a Social Security number from a motor vehicle record in violation of this section is a Class A misdemeanor.
(8) A person aggrieved by violation of this section may bring a civil action against a person who has knowingly obtained or used the aggrieved person’s Social Security number in violation of this section. The action shall be for actual damages or $2,500, whichever is greater, plus attorney fees and court costs reasonably incurred in the action.
(9) A person aggrieved by a violation of this section, a district attorney or the Attorney General may obtain appropriate relief to enforce this section, together with attorney fees and costs reasonably incurred in an action.
(10) Any person whose use or acquisition of a Social Security number in violation of this section subjects the State of Oregon to any liability or claim shall indemnify and hold harmless this state from all such liabilities and claims, including attorney fees and court costs, incurred in any action brought under this section. [2003 c.610 § 3; 2019 c.701 § 14]