Montana Code 61-11-509. Permitted disclosure of personal information, excluding highly restricted personal information — specific uses
61-11-509. Permitted disclosure of personal information, excluding highly restricted personal information — specific uses. Upon application, proof of the identity of the person requesting a record, and payment of the fees required in 61-11-510 and subject to the provisions of 61-11-105, the department may disclose personal information, excluding highly restricted personal information, from a motor vehicle record to a person who represents that the use of the personal information will be limited to one or more of the following uses:
Terms Used In Montana Code 61-11-509
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Disclose: means to engage in any practice or conduct that makes available or known, by means of any communication to another person, organization, or entity, personal information contained in a motor vehicle record. See Montana Code 61-11-503
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- Express consent: means an affirmative authorization given in writing by a person to whom personal information pertains that specifically allows the department to release personal information to another person, organization, or entity. See Montana Code 61-11-503
- Fraud: Intentional deception resulting in injury to another.
- Highly restricted personal information: means an individual's photograph or image, social security number, or medical or disability information. See Montana Code 61-11-503
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Motor vehicle: means :
(i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;
(ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or
(iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101
- Owner: means each person who holds the legal title to a vehicle. See Montana Code 61-1-101
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Personal information: means information that identifies a person, including a person's name, address, telephone number, social security number, driver's license or identification number, date of birth, photograph or image, and medical or disability information. See Montana Code 61-11-503
- Record: includes all books, papers, photographs, photostats, cards, film, tapes, recordings, electronic data, printouts, or other documentary materials, regardless of physical form or characteristics. See Montana Code 61-11-503
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
(1)in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
(a)to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
(b)if the submitted information is not correct or is no longer correct, to obtain the correct information for the purposes of preventing fraud by pursuing legal remedies against or recovering on a debt or security interest against the individual;
(2)by a party in interest, or the agent of a party in interest, in a civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, including the service of process, an investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of any court;
(3)by an insurer or insurance-support organization or a self-insured entity or its agents, employees, or contractors, in connection with the following arising under insurance policies:
(a)the investigation of claims;
(b)antifraud activities;
(c)ratemaking; or
(d)underwriting;
(4)by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver‘s license required under federal or state law;
(5)to conduct research activities and produce statistical reports and journalistic articles as long as the personal information is not published, disclosed to a third party, or used to contact individuals;
(6)to provide notice to the owners of towed, abandoned, or impounded vehicles;
(7)for use by any licensed private investigative agency or licensed security service for any purpose provided under this section;
(8)for use in activities pertaining to:
(a)motor vehicle or driver safety and theft;
(b)motor vehicle emissions;
(c)motor vehicle product alterations, recalls, or advisories;
(d)performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and
(e)removal of nonowner records from the original owner records of motor vehicle manufacturers;
(9)for any other use that is specifically related to the operation of a motor vehicle or to public safety and that is authorized by state law; and
(10)for any use by a requester who demonstrates to the department that the requester has obtained the express consent of the person to whom the information pertains.