Iowa Admin. Code r. 761-301.2 - Definitions

The definitions in Iowa Code section 321.1 and 18 U.S.C. § 2725 effective as of October 23, 2000, are hereby adopted and incorporated. In addition:

"Certified abstract of operating record" means the same as described in Iowa Code section 321A.3(1).

"Driver's license" means the same as defined in Iowa Code section 321.1(20A).

"Express written consent" as used in Iowa Code section 321.11 means the same as "express consent" as defined in 18 U.S.C. § 2725(5) effective as of October 23, 2000, and must either be notarized or accompanied by proof of identity of the requester.

"Law enforcement agency" includes but is not limited to county attorneys, federal district attorneys, attorneys general, state and federal departments of justice, and a division or unit of a governmental agency if the division's or unit's primary responsibility is to prevent or detect crime or enforce criminal laws.

"Motor vehicle record" as used in the Driver's Privacy Protection Act and this chapter means any record that pertains to a driver's license, nonoperator's identification card, certificate of title, registration receipt, or registration renewal receipt issued by the department or a county treasurer. This also includes information on individuals who do not currently hold a driver's license or nonoperator's identification card, including but not limited to operating records and records of driver sanctions.

"Proof of identity" means a copy of the individual's driver's license or nonoperator's identification card issued by the department or another state, the document discriminator number of a driver's license or nonoperator's identification card issued by the department, or an alternate form approved by the department.

"Requester" means an individual, organization or entity that seeks from the department access to personal information or highly restricted personal information contained in a motor vehicle record. A requester does not include an individual who is an authorized employee of the department or a county treasurer acting within the scope of the employee's office or employment.

"Sanction" means the same as defined in rule 761-615.1 (321).

This rule is intended to implement Iowa Code sections 321.1 and 321.11; 18 U.S.C. § 2721 and 2725 effective as of October 23, 2000; and 18 U.S.C. § 2722 through 2724 effective as of September 13, 1994.

Notes

Iowa Admin. Code r. 761-301.2

Adopted by IAB December 1, 2021/Volume XLIV, Number 11, effective 1/5/2022 Adopted by IAB April 16, 2025/Volume XLVII, Number 21, effective 5/21/2025