(a)  The division of motor vehicles shall not release the following information, relating to the issuance of a driver privilege card or permit, except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information, or pursuant to a court order:

(1)  Proof documents submitted for the purpose of obtaining a driver privilege card or permit;

(2)  The information in the division of motor vehicles’ records indicating the type of proof documentation that was provided; or

(3)  Applications.

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Terms Used In Rhode Island General Laws 31-10.4-3

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Subpoena: A command to a witness to appear and give testimony.

(b)  Notwithstanding any other law to the contrary, any document, including photo images, provided by the applicant to the division of motor vehicles for purposes of proving the applicant’s eligibility for a non-commercial driver’s license or permit or for renewal of such license or permit under this section is not a public record and may not be disclosed by the division, except to the person who is the subject of such records or in response to a subpoena for individual records in a criminal proceeding or pursuant to a lawful court order.

(c)  The division, and any agent or employee of the division, shall not disclose or make accessible in any manner, records or information that he or she obtains or maintains under this section, including photo images, to any federal, state, or municipal agency or to any employee or agent of such agency for the purpose of enforcing immigration law, unless the division is presented with a lawful court order or judicial warrant signed by a judge, appointed pursuant to Article III of the United States Constitution.

(1)  Upon receiving a request for such records or information, the division shall, no later than three (3) days after such request, notify the individual, about whom such information was requested, informing the individual of the request and the identity of the agency that made the request.

(d)  The division shall require any agency or entity that receives or has access to records or information from the division, including photo images, to certify, before such receipt or access, that such person or entity shall not:

(1)  Use such records or information for immigration enforcement purposes; or

(2)  Disclose such records or information to any other agency or entity, or to any employee or agent of any such agency or entity, unless that other agency or entity also certifies that the information will not be used for purposes of enforcing immigration law.

History of Section.
P.L. 2022, ch. 241, § 1, effective July 1, 2023; P.L. 2022, ch. 242, § 1, effective July 1, 2023.

§ 31-10.4-3. Confidentiality of documents — Privacy. [Effective January 1, 2024.]

(a)  The division of motor vehicles shall not release the following information, relating to the issuance of a driver privilege card or permit, or a Rhode Island state identification card issued pursuant to § 31-10.4-1, except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information, or pursuant to a court order:

(1)  Proof documents submitted for the purpose of obtaining a driver privilege card or permit or a Rhode Island state identification card issued pursuant to § 31-10.4-1;

(2)  The information in the division of motor vehicles’ records indicating the type of proof documentation that was provided; or

(3)  Applications.

(b)  Notwithstanding any other law to the contrary, any document, including photo images, provided by the applicant to the division of motor vehicles for purposes of proving the applicant’s eligibility for a non-commercial driver’s license, permit, or a Rhode Island state identification card issued pursuant to § 31-10.4-1, or for renewal of such license, permit, or Rhode Island state identification card, under this section is not a public record and may not be disclosed by the division, except to the person who is the subject of such records or in response to a subpoena for individual records in a criminal proceeding or pursuant to a lawful court order.

(c)(1)  The division, and any agent or employee of the division, shall not disclose or make accessible in any manner, records or information that the division, agent, or employee obtains or maintains under this section, including photo images, to any federal, state, or municipal agency or to any employee or agent of such agency for the purpose of enforcing immigration law, unless the division is presented with a lawful court order or judicial warrant signed by a judge, appointed pursuant to Article III of the United States Constitution.

(2)  Upon receiving a request for such records or information, the division shall, no later than three (3) days after such request, notify the individual, about whom such information was requested, informing the individual of the request and the identity of the agency that made the request.

(d)  The division shall require any agency or entity that receives or has access to records or information from the division, including photo images, to certify, before such receipt or access, that such person or entity shall not:

(1)  Use such records or information for immigration enforcement purposes; or

(2)  Disclose such records or information to any other agency or entity, or to any employee or agent of any such agency or entity, unless that other agency or entity also certifies that the information will not be used for purposes of enforcing immigration law.

History of Section.
P.L. 2022, ch. 241, § 1, effective July 1, 2023; P.L. 2022, ch. 242, § 1, effective July 1, 2023; P.L. 2023, ch. 296, § 3, effective January 1, 2024; P.L. 2023, ch. 297, § 3, effective January 1, 2024.