(a) Notwithstanding Alaska Stat. § 40.25.300 and except as provided in this section, the department may not disclose personal information contained in motor vehicle records maintained by the department under this chapter.
Terms Used In Alaska Statutes 28.10.505
Contract: A legal written agreement that becomes binding when signed.
driver: means a person who drives or is in actual physical control of a vehicle. See Alaska Statutes 28.90.990
Fraud: Intentional deception resulting in injury to another.
license: when used in relation to driver licensing, means a license, provisional license, or permit to drive a motor vehicle, or the privilege to drive or to obtain a license to drive a motor vehicle, under the laws of this state whether or not a person holds a valid license issued in this or another jurisdiction. See Alaska Statutes 28.90.990
motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
owner: means a person, other than a lienholder, having the property in or title to a vehicle, including but not limited to a person entitled to the use and possession of a vehicle subject to a security interest in another person, but exclusive of a lessee under a lease not intended as security. See Alaska Statutes 28.90.990
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Service of process: The service of writs or summonses to the appropriate party.
vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
(b) Personal information shall be disclosed for use in connection with matters of motor vehicle or driver safety or 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 nonowner records from the original owner records of motor vehicle manufacturers as required by federal law.(c) Personal information may be disclosed if the requesting person demonstrates, in a form and manner the department prescribes, that the requesting person has obtained the written consent of the person who is the subject of the information.(d) Personal information may be disclosed by the department upon proof of the identity of the person requesting a record and representation by the requesting person that the use of the personal information is strictly limited to one or more of the following uses:
(1) for use by a government agency, including a court or law enforcement agency, in carrying out its functions, or a private person or entity acting on behalf of a government agency in carrying out its functions;(2) for use in the normal course of business by a legitimate business or an agent, employee, or contractor of the business, but only
(A) to verify the accuracy of personal information submitted by an individual to the business or an agent, employee, or contractor of the business; and(B) if the information submitted is not correct, 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, an individual;(3) for use in connection with a civil, criminal, administrative, or arbitration proceeding in a court or government agency or before a self-regulatory body, including service of process and the execution or enforcement of a judgment or court order;(4) for use in research activities, or in producing statistical reports, if the personal information is not published, redisclosed, or used to contact an individual;(5) for use by an insurer or insurance support organization, or by a self-insured entity, or an agent, employee, or contractor of an insurer, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting;(6) for use in providing notice to the owners of towed or impounded vehicles;(7) for use by an employer or an agent or insurer of an employer to obtain or verify information relating to a holder of a commercial driver’s license that is required under 49 U.S.C. § 31101 – 31162 (Commercial Motor Vehicle Safety Act);(8) for use in connection with the operation of private toll transportation facilities;(9) for use in connection with a legitimate business operating under a contract with the department;(10) for bulk distribution for surveys, marketing, or solicitations if the person who is the subject of the information has provided written consent to the release; and(11) for any other purpose specifically authorized by law that is related to the operation of a motor vehicle or related to public safety.(e) Personal information contained in an individual record may be disclosed, without regard to the intended use of the personal information, if the person who is the subject of the information has provided written consent to the release.(f) In this section,
(1) “disclose” means to engage in a practice or conduct that makes available or makes known personal information contained in records of the department about a person to another person, organization, or entity by any means of communication;(2) “individual record” means a record containing personal information about a designated person who is the subject of the record, as identified in a request for information;(3) “personal information” means information that identifies a person, including a name, address, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving- or equipment-related violations, driver’s license or registration status, or a zip code.
