Haw. Code R. § 19-121-6 - Release of information identifying individuals

(a) Subject to authorization granted by the chief justice of the supreme court of the State with respect to the traffic records of the violations bureau of the district and circuit courts, which are within the chief justice's control, information concerning any individual or in which any individual is identified may be furnished by the director of transportation if the requestor is:

(1) Acting on behalf of a state, a political subdivision of a state, a federal department, or agency;

(2) Required by law to give written notice by mail to owners of vehicles; or

(3) Deemed to have a legitimate request because the requestor:

(A) Is using the information for noncommercial research in traffic safety programs or statistical reports;

(B) Is a manufacturer performing, or an agent acting on behalf of or an agent assisting the manufacturer of new motor vehicles to perform, a voluntary or ordered motor vehicle defect or safety defect recall pursuant to a specific request; or

(C) Is determined otherwise to have a legitimate request by the director, pursuant to the standards of subsection (c).

Notwithstanding paragraphs (1) to (3), the director may refuse a request if the director determines that the applicant has previously given false information regarding the intended use of the requested information. A request may be canceled if the director determines that reasonable evidence exists that the request constitutes an unwarranted invasion of privacy pursuant to article I, section 6 of the Hawaii state constitution or that the requestor has used or intends to use the information for a purpose which violates any restrictive provision of this chapter or has compromised the public health, safety, or welfare of the data subject.

(b) Any request for statewide traffic records under subsection (a) shall:

(1) Be made in writing and addressed to the director of transportation;

(2) State the reason for obtaining the records;

(3) Describe the records requested by giving information which will clearly identify the requested record such as:

(A) The name, date of birth, and social security number for drivers;

(B) The name of the vehicle manufacturer;

(C) The type of vehicle;

(D) Type of vehicle recall;

(E) Year, make, and model of the vehicle for vehicle recall; or

(F) Any other identifying information; and

(4) Shall attach proof of the validity of the request and the authority of the requestor.

(c) The following are standards to be used by the director for the determination of a legitimate request pursuant to subsection (a)(3)(C). The director shall approve the request for the release of records when the director has determined with reasonable certainty that the release:

(1) Is not in violation of any law or this chapter;

(2) Is required by a specific compelling state interest;

(3) Is necessary for the public health, safety, or welfare;

(4) Conforms to this chapter; and

(5) Would enhance the enforcement of county, state, or federal laws.

(d) If the director determines that the requestor of information qualifies under subsection (a)(3) to receive the information, the requestor, in addition to complying with subsections (b) and (c), as applicable, shall:

(1) File an affidavit with the director stating the purpose for obtaining the information and making assurances that:

(A) The information will be used only for the stated purpose;

(B) Individual identities will be protected;

(C) The information will not be used to compile a list of individuals for the purposes of any commercial solicitation by mail, phone, or otherwise, or for the collection of delinquent accounts; and

(D) The requestor will assume full responsibility and will hold the State harmless in any civil suit arising from any subsequent misuse of the information;

(2) Where the requestor is acting on behalf of a principal, file with the director a copy of the principal's authorization for each request;

(3) File with the director a corporate or other surety bond in favor of the State in the penal sum as specified in section 19-121-8 conditioned upon the full and faithful compliance by the person or persons receiving the information with the terms and conditions of the affidavit; and

(4) Pay the fee specified in section 19-121-9.

(e) This section notwithstanding, the results of any test for alcohol content made upon any person pursuant to section 286-162, HRS, shall be available only to the state and county highway safety councils and to other agencies the director deems necessary and advisable.

(f) The director may release all the information contained in the motor vehicle registration file only when all of the following conditions are met:

(1) The director has determined that the State has a compelling interest in the public's safety or health which justifies the release, such as the State's inability to meet the time parameters set forth in subsection (i); and

(2) The director has determined that the requestor is qualified pursuant to subsection (a)(3)(B) and has a legitimate reason for obtaining the records,

(g) Any release of information contained in the statewide traffic records system shall be restricted to information the director deems necessary to conduct the activity in which the State has a compelling interest.

(h) Nothing in this chapter shall prohibit a person or authorized agent from obtaining information pertaining to that person's own record as contained in the statewide traffic records system. County agencies may release individual records described under section 19-121-3 which are within their control to individual requestors or their legal representatives.

(i) If the request is made pursuant to subsection (a)(3)(B), the agency shall comply with requests for access to motor vehicle registration records within twenty working days from date of receipt of the request provided that delay or failure of requestor to meet any requirement of this section shall toll the agency's compliance period accordingly. Where it is determined that a request for multiple records would unduly burden and interfere with operations of the agency, for example because the records requested are presently in use, voluminous, or difficult to locate, the director may:

(1) Extend the period of compliance for an additional period as mutually agreed; or

(2) If the request is made by a person qualifying under subsections (a)(3)(B) and (f)(1) and (2), instead of providing only the information requested, provide information on all models of the vehicle make that is being recalled, or provide all the information in the entire motor vehicle registration file whichever the director deems most appropriate under the existing circumstances- The director shall effect such a release as expeditiously as possible.

(j) County agencies may release ownership information from vehicle records under their control to towing companies for motor vehicles which have been towed in accordance with section 290-11, HRS.

Notes

Haw. Code R. § 19-121-6

[Eff 8/26/82; am and comp 6/26/86; am and comp JAN 03 1994 ] (Auth: HRS §§ 286-162, 286-171, 286-172)