I. In this section:
(a) “Motor vehicle records” means all applications, reports required by law, registrations, histories, certificates, and licenses issued or revoked by the department relative to motor vehicles and the information, including personal information, contained in them.
(b) “Person” means an individual, organization or entity, but shall not include this state or an agency thereof. “Person” shall include the personal representative of any person injured or killed in the motor vehicle accident, including the person’s conservator, executor, administrator, or next of kin as defined in N.H. Rev. Stat. § 259:66-a.
(c) “Personal information” means information in motor vehicle records that identifies a person, including a person’s photograph or computerized image, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information.
(d) “Legitimate business” means a business which is registered in New Hampshire and which receives compensation in connection with matters of motor vehicle or driver safety or theft, motor vehicle emissions, and motor vehicle market research activities, including survey research.
II. (a) Proper motor vehicle records shall be kept by the department at its office. Notwithstanding N.H. Rev. Stat. Chapter 91-A or any other provision of law to the contrary, except as otherwise provided in this section, such records shall not be public records or open to the inspection of any person.
(b) Copies of such records, duly attested and certified by the director, or designee, shall be as competent evidence in any court within this state as the original record or document would be if produced by such person as the legal custodian. A hearings examiner shall be considered a legal custodian of motor vehicle records for the purpose of testifying at a trial.
II-a. The accident report, the technical accident reconstruction report, any repair estimate, or any similar document that constitutes a motor vehicle record that is created or received as a result of any accident or collision involving a vehicle owned or leased by the state, a county, a city, a town, or a local public entity shall be a governmental record subject to inspection and disclosure in accordance with N.H. Rev. Stat. Chapter 91-A except when inspection or disclosure would risk exposure of undercover law enforcement activity. Any report of a violation of this title by an employee or official of a county, a city, a town, or a local public entity while engaged in official business in a vehicle owned or leased by the state, a county, a city, a town, or a local public entity shall be a governmental record subject to inspection and disclosure in accordance with RSA 91-A.
III. Motor vehicle records may be made available pursuant to a court order or in response to a request from a state, a political subdivision of a state, the federal government, or a law enforcement agency for use in official business. The request shall be on a case-by-case basis. Any records received pursuant to this paragraph shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this paragraph. Any records received pursuant to this paragraph shall not be used, further transferred, or otherwise made available to any other person or entity for the purpose of creating or enhancing a federal identification database.
III-a. The name and last known address of the owner of a vehicle used in violation of N.H. Rev. Stat. § 236:31-b and the physical characteristics of such vehicle may be made available to the department of transportation or to a nongovernmental contracted agent of the department of transportation for toll collection purposes only as identified by a toll collection system, as defined by N.H. Rev. Stat. § 236:31, I(i). Any records received under this paragraph shall not be used for purposes other than for toll collection and shall not be further transferred or otherwise made available to any other person or entity that is not a contracted agent of the department of transportation for toll collection. The nongovernmental contracted agent of the department of transportation for toll collection is prohibited from releasing the motor vehicle records to a third party or from using the records for the collection of debts outside the toll collection system. Notwithstanding the provisions of N.H. Rev. Stat. § 260:14, XIV, the department of transportation shall be responsible for ensuring its own and its contracted agent’s compliance with this section, and the commissioner, upon determining that the department of transportation or its contracted agent has violated any provisions of this section may issue a written order prohibiting the department of transportation and its contracted agent from receiving motor vehicle records commencing 10 days following the issuance of the order and lasting for no longer than 5 years, unless the commissioner is satisfied that procedures are in place and will be enforced to ensure compliance with this chapter.
III-b. A corporation that is operating under an active DD Form 441 Department of Defense Security Agreement and has a facility located within the state may request that the commissioner grant a waiver to the corporation that would permit it to obtain the name and address of the owner of any motor vehicle that is on or adjacent to the corporation’s property within the state of New Hampshire. The corporation shall only use information received under this paragraph for security purposes. The commissioner may grant or renew the waiver for any period up to one year. During the period when the waiver is valid, the police department of jurisdiction shall, upon request, provide to the corporation’s security operations center supervisor, or equivalent person, the name and address of the owner of any motor vehicle on or adjacent to the corporation’s property within the state of New Hampshire.
III-c. The name and last known address of the owner of a vehicle used in violation of a toll collection system and the physical characteristics of such vehicle may be made available to another state, or to a statutory or nongovernmental contracted agent of such other state for the collection of a toll in such other state as identified by a toll collection system, as defined by N.H. Rev. Stat. § 236:31, I(i), whether the vehicle was used in violation of an electronic toll collection system or the vehicle was identified by a toll collection monitoring system when there is no cash option in the toll lanes. Any records received under this paragraph shall not be used for purposes other than for toll collection and shall not be further transferred or otherwise made available to a person or entity that is not a statutory or contracted agent of such other state for toll collection. The other state or statutory or nongovernmental contracted agent of such other state is prohibited from releasing the motor vehicle records to a third party or from using the records for the collection of debts outside the toll collection system. Notwithstanding the provisions of N.H. Rev. Stat. § 260:14, XIV, such other state shall be responsible for ensuring its own and its statutory or contracted agent’s compliance with this section, and the commissioner, upon determining that such other state or its statutory or contracted agent has violated any provisions of this section may issue a written order prohibiting such other state and its statutory or contracted agent from receiving motor vehicle records commencing 10 business days following the issuance of the order and lasting no longer than 5 years, unless the commissioner is satisfied that procedures are in place and will be enforced to ensure compliance with this chapter.
III-d. A municipal agent appointed pursuant to N.H. Rev. Stat. § 261:74-a may provide the name of a person who has registered a motor vehicle together with the permit number, vehicle identification number, and fee paid in such transaction to a nongovernmental contracted agent of a municipality for audit purposes only for the purposes of N.H. Rev. Stat. § 41:9, VI and N.H. Rev. Stat. § 41:31-c. Any information received by the nongovernmental contracted agent shall not be further transferred or otherwise made available to any other person. The municipal agent shall not provide the requested information without a written request from the nongovernmental contracted agent. The municipal agent shall keep the written request on file together with a copy of the information provided.
IV. (a) Except for a person’s photograph, computerized image, and social security number, motor vehicle records shall be made available, upon proof of the identity of the person requesting the records and representation by such person on a form satisfactory to the department that the records will be strictly limited to one of the following described uses:
(1) Motor vehicle manufacturers, or their authorized agents, for use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, the Motor Vehicle Information and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.
(2) Insurance companies authorized to write automobile and personal excess liability insurance policies, or by self-insured entities, or their authorized agents, for use in connection with claims investigation activities, anti-fraud activities, rating, or underwriting.
(b) No motor vehicle records made available under this paragraph shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person, except that an authorized agent may make such records available to any principal on whose behalf the records were sought if the name of that principal was provided to the department at the time the records were sought.
IV-a. (a) Except for a person’s photograph, computerized image, and social security number, motor vehicle records and at least monthly electronic bulk files indicating changes in driving violations and driver license status shall be made available upon proof of the identity of the person requesting the records and representation by such person on a form satisfactory to the department that the records will be strictly limited to one or both of the following described uses:
(1) For use by an entity that employs drivers in the course of their business, or an authorized agent of such an entity, which requires a motor vehicle record or a monthly notification of changes to motor vehicle records in connection with pre-employment or continued employment screening of employees for driver safety reasons; or
(2) For use with respect to requests as to whether a driver meets the requirements of N.H. Rev. Stat. § 359-U:12.
(b) No motor vehicle records made available under this paragraph shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person, except that an authorized agent may make such records available to any principal on whose behalf the records were sought if the name of that principal was provided to the department at the time the records were sought.
(c) Any person who makes a request under this paragraph shall have first obtained the written consent of the person whose records are being requested. The written consent shall be retained for a period of 3 years and shall be made available upon request to the division for inspection. Motor vehicle records obtained under this paragraph shall not be subject to the notarization requirements of N.H. Rev. Stat. § 260:14, VII.
V. (a) Except for a person’s photograph, computerized image and social security number, motor vehicle records may be made available upon proof of the identity of the person requesting the records and representation by such person on a form satisfactory to the department that the use of the records will be strictly limited to one or more of the following described uses, which use shall be specified in the request:
(1) For use by a legitimate business in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; 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, so long as the name and address of the individual is not disclosed by the department; and removal of non-owner records from the original owner records of motor vehicle manufacturers.
(2) For use with respect to a request for a named person’s motor vehicle records in connection with any civil, criminal, administrative or arbitral proceeding in any court or government agency, including the service of process and the execution or enforcement of judgments and orders, pursuant to an order of the court or agency.
(3) For use with respect to a request for a named person’s motor vehicle records by a banking or similar institution, in the normal course of business, but only to verify the accuracy of personal information submitted by the individual to the bank and if such information is incorrect, 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 by a legitimate business in research activities, and for use by a legitimate business in statistical reports, so long as personal information is not disclosed by the department.
(5) For use with respect to a request for a named person’s motor vehicle records in providing notice to the owners of towed or impounded vehicles.
(6) For use with respect to a request for a named person’s motor vehicle records by any private investigative agency or security service licensed by this state for any purpose permitted under subparagraph V(a) other than subparagraph V(a)(8).
(7) For use with respect to a request for a named person’s motor vehicle records 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.
(8) For bulk distribution for surveys, marketing or solicitations, provided that the express consent of each person to whom such motor vehicle records pertain has been obtained. Such consent may be withdrawn at any time.
(9) For use with respect to a request for a named person’s motor vehicle records by a public utility, as defined in N.H. Rev. Stat. § 362:2 and over which the public utilities commission exercised jurisdiction on July 1, 1996, to perform its public service obligations, provided that the named person’s express consent has been obtained. Such consent may be withdrawn at any time.
(10) For use by life insurance companies authorized to write life insurance policies, or their authorized agents, on a case-by-case basis, in connection with claims investigation, rating, and underwriting, provided that the insurance company has provided written notice to the named person that the person’s motor vehicle records will be accessed.
(b)(1) A person may elect at any time not to have any personal information pertaining to such person made available as provided in subparagraphs V(a)(1), (2), (3), (4), (5), (6) and (7). A person who so elects shall inform the department in writing, and the department shall not thereafter make the personal information available, nor shall the department make available a list of the persons who have so elected. Any elections previously made under this section shall continue in effect.
(2) The department shall inform members of the public in a clear, simple and conspicuous manner of their right to make the election permitted by this subparagraph at each of its offices at which it requests personal information. The department shall also request that the same be done by municipal agents of the department appointed pursuant to N.H. Rev. Stat. § 261:74-a.
(c)(1) No person shall be required to provide his or her written or express consent to the release of personal information as a condition of doing business with any other person or legitimate business.
(2) For purposes of this section, “express consent” means upon knowledge and affirmative agreement of the person to whom the personal information pertains a written statement dated and executed by that person that is separate and distinct from any other document and that contains at least the following:
(A) A specific description of the personal information to be disclosed.
(B) The name of the entity that is authorized to make the disclosure.
(C) Identification of the entity or entities authorized to receive the disclosure and a specific description of the purpose for which such disclosure will be made.
(D) The expiration date of the authorization, which shall be no more than 2 years from the date of its execution.
(E) A clear, simple, and conspicuous statement that providing express consent to the release of personal information is not required in order to do business with the entity that is authorized to make the disclosure.
(F) An acknowledgment by the person executing the statement that he or she has the right to revoke the authorization at any time.
VI. (a) Except as provided in subparagraph (b), an authorized recipient of personal information for a particular use under the provisions of subparagraph V(a) may not sell, rent, transfer, or make the information available to another person for the same or for any other use.
(b) An authorized recipient of personal information for a particular use under subparagraphs V(a)(1), (4), (8), (9), and (10) may sell, rent, transfer or make the information available to another person for the same use only, subject to the limitations in the particular subparagraph.
(c) An authorized recipient of personal information for a particular use under the provisions of subparagraph VI(b) who sells, rents, transfers or uses the information, or makes the information available to another person, for the same use shall be required by the department to (1) maintain for a period of not less than 5 years records identifying each person who receives the information and the permitted purpose for which the information will be used; and (2) make such records available to the department on request.
VII. A person shall have access to motor vehicle records relating to such person upon proof of identity. Motor vehicle records relating to a person may be made available to any other person upon proof, in such form and manner as the department prescribes, that the notarized, written consent of the person who is the subject of the record has been obtained.
VII-a. Nothing in this section shall prohibit a law enforcement agency of a political subdivision or its employees from releasing the following reports of information, upon request of the parties identified herein, on a form prescribed by the department:
(a) Copies of reports of motor vehicle accidents prepared by the agency, and filed with the division pursuant to N.H. Rev. Stat. § 264:25 and N.H. Rev. Stat. § 264:26, to an owner, operator, or passenger of a vehicle involved in said accident, pedestrian hit by a vehicle in said accident, owner of property damaged in said accident, the insurance company of any of the foregoing parties, or the authorized legal representative of any of the aforementioned. Such agency may charge a reasonable fee therefor, to be deposited into the general fund of said political subdivision.
(b) Copies of reports of motor vehicle accidents prepared by the agency that are not required to be reported pursuant to N.H. Rev. Stat. § 264:25 and N.H. Rev. Stat. § 264:26, to an owner, operator, or passenger of a vehicle involved in said accident, pedestrian hit by a vehicle in said accident, owner of property damaged in said accident, the insurance company of any of the foregoing parties, or the authorized legal representative of any of the aforementioned. Such agency may charge a reasonable fee therefor, to be deposited into the general fund of said political subdivision.
(c) Information obtained by the law enforcement agency that accident participants are required to exchange pursuant to N.H. Rev. Stat. § 264:25, to an owner, operator, or passenger of a vehicle involved in said accident, pedestrian hit by a vehicle in said accident, owner of property damaged in said accident, or the authorized legal representative of any of the aforementioned.
VIII. Nothing in this section shall prohibit the department in its discretion from releasing to the public any person’s name, age or motor vehicle offenses only.
VIII-a. (a) No person who has been convicted of any offense enumerated in RSA 632-A, RSA 645, or RSA 649-A, or a reasonably equivalent offense under the law of another state or the federal government, shall be entitled to apply for or to receive a waiver from the department of safety relative to retention of the person’s driver’s license image, likeness, or photograph. Such image, likeness, or photograph shall be retained in the records of the department of safety.
(b) No person who has been convicted of DWI, aggravated DWI, or a reasonably equivalent offense under the laws of another state, shall be entitled to apply for or to receive a waiver from the department of safety relative to retention of the person’s driver’s license image, likeness, or photograph until at least 10 years after the date of the conviction. Such image, likeness, or photograph shall be retained in the records of the department of safety.
(c) No person who has been convicted of a felony in this state or in any other jurisdiction shall be entitled to apply for or to receive a waiver from the department of safety relative to retention of the person’s driver’s license image, likeness, or photograph until at least 10 years after the date of conviction. Such image, likeness, or photograph shall be retained in the records of the department of safety.
IX. (a) A person is guilty of a misdemeanor if such person knowingly discloses information from a department record to a person known by such person to be an unauthorized person; knowingly makes a false representation to obtain information from a department record; or knowingly uses such information for any use other than the use authorized by the department. In addition, any professional or business license issued by this state and held by such person may, upon conviction and at the discretion of the court, be revoked permanently or suspended. Each such unauthorized disclosure, unauthorized use or false representation shall be considered a separate offense.
(b) A person is guilty of a class B felony if, in the course of business, such person knowingly sells, rents, offers, or exposes for sale motor vehicle records to another person in violation of this section.
X. The department and any person aggrieved by a violation of this section may bring a civil action under this section and, if successful, shall be awarded the greater of actual damages or liquidated damages of $2,500 for each violation; reasonable attorneys’ fees and other litigation costs reasonably incurred; and such other equitable relief as the court determines to be appropriate.
XI. Neither the state nor its agencies or employees shall be civilly liable for any improper use or release of motor vehicle records to any person obtaining such records as provided in this section.
XI-a. No political subdivision or its agencies or employees shall be civilly liable for any improper use of or release of motor vehicle records to any person obtaining such records as provided in this section.
XII. The commissioner of safety shall adopt rules to implement this section. Notwithstanding any other provisions of law, such rules shall be exempt from the provisions of RSA 541-A.
XIII. Notwithstanding the provisions of RSA 91-A, the department may charge reasonable fees for the release of information under this section. In determining a reasonable fee, the department shall consider factors such as labor and production costs, as well as the market value of the information. All such fees shall be deposited in the fire standards and training and emergency medical services fund established in N.H. Rev. Stat. § 21-P:12-d.
XIV. Any person determined by the commissioner, after hearing, to have violated any provisions of this section may be barred from receiving motor vehicle records for a period not to exceed 5 years.
XV. (a) Motor vehicle records obtained from the department under the provisions of subparagraph V(a)(4) and (8) shall be obtained separately for each use specified under subparagraph V(a)(4) and (8), one use to a request, provided that the commissioner may grant a request from a legitimate business for multiple uses if:
(1) The commissioner determines the legitimate business has responsible business practices including, but not limited to, data privacy and security policies.
(2) The legitimate business provides the commissioner with a list of all users of the information, including the name and address of the business, provided, however, that such list shall not be a public record available for public inspection pursuant to RSA 91-A.
(3) The subsequent users are required by the legitimate business to certify compliance with N.H. Rev. Stat. § 260:14 and shall be conspicuously informed that they are prohibited from reselling, transferring, or assigning any motor vehicle record information, including personal information.
(4) The legitimate business certifies its compliance with N.H. Rev. Stat. § 260:14 on a form prescribed by the department, including posting a bond if required by the commissioner.
(b) All legitimate businesses approved under this paragraph shall be charged a reasonable fee as determined by the commissioner that reflects the number of multiple uses authorized, the volume of the legitimate business’ resale business, and the market value of the information.
XVI. The commissioner may limit the information contained in motor vehicle records released to any person under this section if it is determined by the commissioner that the release of certain personal information is unnecessary.
XVII. The provisions of this section shall be severable if any phrase, clause, sentence or provision is declared contrary to the constitution of this state or the United States.