(1) A requester
seeking personal information or highly restricted personal information is
required to:
a. Complete Form 431069,
"Privacy Act Agreement for Request of Motor Vehicle Records," and submit the
form to any driver's license service center or the motor vehicle division at
the address in rule
761-301.3 (321). Requests for
information about another individual require completion of Parts A, B (if
applicable), C, and D of Form 431069. Requests for an individual's own
information require completion of Part A.
b. Provide proof of identity and proof of
eligibility to access the information. The department may request additional
information to confirm that the requester is eligible under Iowa Code section
321.11;
18 U.S.C. §
2721 and
2725 effective as of October 23,
2000; 18 U.S.C. §
2722 through
2724 effective as of September 13,
1994; and this chapter to access the information.
(2) A law enforcement agency that requests
personal information or highly restricted personal information is to either
follow the process in subrule 301.4(1) or complete and submit Form 431200,
"Certified Motor Vehicle Record Request Form for Use by County Attorney's
Offices and Law Enforcement Agencies," to any driver's license service center
or the motor vehicle division at the address in rule
761-301.3 (321). Alternately, a
law enforcement agency may enter into a memorandum of understanding with the
department for the purposes of requesting personal information or highly
restricted personal information.
(3) Personal information and highly
restricted personal information, except for an individual's photograph or
image, may be disclosed with the express written consent of the individual or
vehicle owner to whom such information applies. When the requester has obtained
the written consent of the individual or vehicle owner to whom the information
applies, the requester must attach that written consent on a completed Form
431069, "Privacy Act Agreement for Request of Motor Vehicle Records," and
submit the form to any driver's license service center or the motor vehicle
division at the address in rule
761-301.3 (321).
(4) The statutory fee, if applicable, is due
at the time the request for a motor vehicle record is submitted.
(5) Requested information will be provided to
the requester electronically unless the requester specifies otherwise. The
department shall not release any personal information or highly restricted
personal information if the request is made by plate number or validation
sticker number, except as provided in Iowa Code section
321.11.
(6) All requesters who obtain personal
information or highly restricted personal information from the department are
required to comply with Iowa Code section
321.11 and the Driver's Privacy
Protection Act.
(7) The department
may also enter into a memorandum of understanding with an authorized requester
for purposes of disclosing personal information or highly restricted personal
information.
This rule is intended to implement Iowa Code sections
321.10,
321.11 and
321.13;
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. 761-301.4
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
