SB 5152 — Enhancing data stewardship and privacy protections for vehicle and driver data.

S-0864.1Z-0036.4 SUBSTITUTE SENATE BILL 5152 State of Washington 67th Legislature 2021 Regular Session By Senate Transportation (originally sponsored by Senators Nguyen, Rivers, Carlyle, Das, Kuderer, Muzzall, Saldaña, and Wilson, C.;

by request of Department of Licensing)Licensing READRead FIRSTfirst TIMEtime 02/05/21.01/12/21.

Referred to Committee on Transportation.

1 SSBSB 5152 (b) Residential and mailing address, but not the five-digit zip code;

2 SSBSB 5152 personal or identity information.

(b) Other applicable sanctions under state and federal law may also apply.

3 SSBSB 5152 data recipient's contract with the department, the data recipient and any subrecipient responsible for the misuse, unauthorized disclosure, or nondata destruction may be denied further access to personal or identity information by the department.

4 SSBSB 5152 statistical reports, as long as the entity does not allow personal or identity information received under this section to be published, redisclosed, or used to contact individuals.

5 SSBSB 5152 (f) ((An authorized)) Authorized agents or contractor of the department, to be used only in connection with providing motor vehicle or vessel excise tax, licensing, title, and registration information to motor vehicle or vessel dealers;

6 SSBSB 5152 (b) A provision that the cost of the audits performed pursuant to this subsection must be borne by the data recipient.

7 SSBSB 5152 (7) If a list of registered and legal owners of motor vehicles or vessels is used for any purpose other than that authorized in this section, the ((manufacturer, governmental agency, commercial parking company, contractor, financial institution, insurer, insurance support organization, self-insured entity, legitimate business entity, toll facility operator)) recipient under subsection (1) or (2) of this section, or any authorized agent or contractor responsible for the unauthorized disclosure or use will be denied further access to such information by the department of licensing.

8 SSBSB 5152 The term "unsolicited business contact" means a contact that is intended to result in, or promote, the sale of any goods or services to a person named in the disclosed information.

9 SSBSB 5152 (5) Any person who is furnished vehicle or vessel owner information under this section shall be responsible for assuring that the information furnished is not used for a purpose contrary to the agreement between the person and the department.

10 SSBSB 5152 person found to be in violation of this chapter or a disclosure agreement executed with the department.

or (d) The sale or other distribution of any ((vehicle or vessel owner name or address)) personal or identity information to another person not disclosed in the request or disclosure agreement is a gross misdemeanor punishable by a fine not to exceed ten thousand dollars, a fine pursuant to section 4 of this act, or by imprisonment in a county jail for up to three hundred sixty-four days, or by both such fine and imprisonment for each violation.

11 SSBSB 5152 (b) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law;

12 SSBSB 5152 of the named individual for purposes unrelated to driving by the individual when a driving record is required by federal or state law, or the employee or prospective employee will be handling heavy equipment or machinery.

13 SSBSB 5152 an employer or its agent for the purpose of reviewing the driving records of existing employees for changes to the record during specified periods of time.

14 SSBSB 5152 (A) That has motor vehicle or life insurance in effect covering the named individual;

15 SSBSB 5152 record during specified periods of time.

16 SSBSB 5152 records of existing employees for changes to the record during specified periods of time.

17 SSBSB 5152 (ii) The state agency, or a scientific research professional associated with a bona fide scientific research organization, are exempt from paying the fees related to the reviewing of records and the fee required in subsection (5) of this section.

18 SSBSB 5152 (ii) Employers may divulge a three-year driving record to their insurance carrier for underwriting purposes.

19 SSBSB 5152