ACLU of Florida Urges Governor Bush to Support Legislation Protecting Privacy Rights of Drivers

FOR IMMEDIATE RELEASE

MIAMI-The American Civil Liberties Union of Florida today asked Governor Jeb Bush to use his influence during the remaining weeks of the legislative session to urge lawmakers to pass legislation that would bring the state into compliance with the privacy protection requirements afforded licensed motorists by federal law.

“Today, to the best of our knowledge, Florida stands as the only state in the nation in substantial non-compliance with federal laws protecting drivers’ privacy rights,” said Howard Simon, Executive Director of the ACLU of Florida. “We hope that will change this session. However, that may not be possible without Governor Bush’s personal intervention with the leadership in the House of Representatives and the Florida Senate.”

The ACLU letter urged Governor Bush to support legislation designed to bring Florida into compliance with the Driver’s Privacy Protection Act (DPPA). The federal law prohibits state officials from sharing the personal information they collect on motorists when administering driver’s licenses unless they obtain a person’s “express consent” to do so.

According to the ACLU, Florida Department of Highway Safety and Motor Vehicles records (including drivers’ licenses, identification cards, vehicle registrations and titles) are classified as “public records,” giving virtually anyone access to those records maintained by the department.

Federal law bans state officials from sharing anyone’s personal information unless they obtain express permission to do so. Nevertheless, in past years the state has been selling that information to marketers and companies that traffic in personal data without ever notifying people that their information is being sold. According to state records, the motor vehicle department collected in excess of $27 million in fees during fiscal year 2001-2002 from the sale of driving and motor vehicle records.

In a separate letter sent last week by the ACLU to U.S. Attorney General John Ashcroft, ACLU attorneys asked that the Justice Department intervene to compel Florida officials to comply with the federal privacy protection law. A news release on the ACLU’s letter to Attorney General Ashcroft and the full text of that letter is available online at /node/10668

The full text of the ACLU of Florida’s letter to Governor Bush follows:

April 18, 2003

The Honorable Jeb Bush
Executive Office of the Governor
PL-01, The Capitol
Tallahassee, Florida 32399

Re: Driver’s Privacy Protection

Dear Governor Bush:

As you are aware, for more than three years, the State of Florida has been in non-compliance with the Federal Driver’s Privacy Protection Act (DPPA). Legislation in past sessions designed to bring our state into compliance with the privacy protection requirements of federal law met with opposition in both houses. No corrective bill has ever been enrolled.

Today, to the best of our knowledge Florida stands as the only state in the nation in substantial non-compliance with the DPPA. We hope that will change this session. However, that may not be possible without your personal intervention with the leadership in the House of Representatives and the Florida Senate. Waiting another year to address this problem should be unacceptable to everyone.

The Attorney General of the United States is authorized to enforce the DPPA and to impose a civil penalty for substantial non-compliance. Although the American Civil Liberties Union recently requested that Attorney General Ashcroft enforce the DPPA as it relates to Florida’s non-compliance, we would much prefer a legislative solution.

Attached for your consideration is our legal analysis of the DPPA and the applicable Florida statute. Officials from the Florida Department of Highway Safety & Motor Vehicles have stated publicly that they concur with our analysis, but must follow state law as written. The DHSMV needs your help. We hope it will be forthcoming.

Thank you for your consideration.

Sincerely,

Howard Simon
Executive Director

Larry H. Spalding
Legislative Staff Counsel

cc:

The Honorable Jim King
President, The Florida Senate
Room 409, The Capitol
Tallahassee, Florida 32399

The Honorable Johnnie Byrd
Speaker, Florida House of Representatives
Room 420, The Capitol
Tallahassee, Florida 32399

The Honorable Jim Sebesta
Room 322, Senate Office Building
404 South Monroe Street
Tallahassee, Florida 32399