Category: Driver’s Privacy Protection Act

Drivers Privacy Protection Act: High-speed license plate readers, legal but concerning

High-speed license plate cameras and the storage and use of license plate data causes concern for privacy. Law enforcement and privately contracted individuals with high-speed cameras are able to drive by, scan the immediate area, and locate license plates on vehicles that may be part of a criminal investigation or a hotlist of stolen vehicles, for example. Storing and sharing the data cases many people to ask whether this activity is legal. The Drivers Privacy Protection Act is the primary consumer protection law that would apply, but in many instances, there is no violation of the law. However, as the use of this type of technology expands and is applied to other uses, some against the interests of consumers, the laws could be updated to cover high-speed cameras used to scan, save and share collected license plate information.

High-speed cameras can be used to solve crimes and repossess vehicles.

Police cars and repossession spotter vehicles equipped with special high-speed cameras may be watching and taking pictures of your license plate. As reported in a recent article examines this technology, “There might have been dozens of other cars in your lane, too many for an ordinary camera to snap a picture of every one. But the police camera got them all. Even if your car was just parked at a curb, the camera would have grabbed that picture and recorded it when it was taken.[i]

License plate readers (LPRs) on police vehicles could help law enforcement find stolen vehicles; locate suspects and persons of interests, in their criminal investigations, for example. Repo drivers with a hotlist of vehicles on their list can quickly be alerted when they drive past the vehicle with a license plate match. Insurance companies may also benefit from LPRs when investigating garage fraud, the practice of registering vehicles other than where they are actually kept, such as a relative’s address in the suburbs or out-of-state where the insurance rates are less.

The purpose of Driver’s Privacy Protection Act is the protection of drivers’ private information.

Adopted in 1994, following the stalking and murder of actress, Rebecca Schaeffer, the Driver’s Privacy Protection Act was enacted to protect the privacy of a drivers’ identity. Schaeffer’s killer obtained her address through the California Department of Motor Vehicle records.

The Driver’s Privacy Protection Act (DPPA)[ii] of 1994 is part of the Violent Crime Control and Law Enforcement Act, and it governs the privacy and disclosure of personal information gathered by state motor vehicle and driver licensing departments. The DPPA also applies to the authorized recipients of personal information under the law and it requires recordkeeping requirements. The “personal information contained in an individual’s motor vehicle records can include the driver’s name, address, phone number, Social Security number, photograph, height, weight, gender, age, certain medical or disability information, and in some states, fingerprints.

For more information on the DPPA, please read our article, The Driver’s Privacy Protection Act Helps Prevent People from Tracking You Down.

Should high-speed license plate data collection be illegal under the Drivers’ Privacy Protection Act?

Advocates for the use of high-speed cameras in license plate data collection state that license plate cameras, LPRs, gather information on license plates and vehicles, not people. Executive chairman of Digital Recognition Network, Todd Hodnett, stated in a recent news article, “There are plenty of parties out there that are opposed to LPRs for various privacy issues. Never once have I ever seen one of them come forward with the fact that connecting license plate-recognition data to personally identifiable information is protected by law.[iii]

Consumer rights advocates may disagree with representatives from data collection companies using high-speed cameras to collect license plate data. The link between a license plate number and its owner may be the subject of future litigation and legislation, as more consumers stand up for their privacy rights and in opposition to state and private companies engaged in this form of data collection. Once the data is collected, it could fall into the wrong hands. Once a hacker or insider opens the bridge between license plate information and the owner (and their private information), we all have cause for concern.

Right now, the DPPA does not concern repo drivers, when they are hired by banks to repossess vehicles, where the bank already knows the names of the borrowers and all the information they voluntarily submitted to the bank when applying for an auto loan. Repo drivers aside, the privacy and security risks associated with high-speed license plate recognition and data collection are still compelling.

The Zamparo Law Group follows news and trends that affect consumers and our rights under state and federal laws. Advocating for consumers is our mission at the Zamparo Law Group.  

The Zamparo Law Group, P.C. is a consumer protection law and litigation firm, representing consumer plaintiffs. Zamparo Law Group in the northwest suburbs of Chicago sues and wins against the companies who refuse to follow the law.

To learn more about consumer protection law and the Zamparo Law Group, please visit the firm’s website. You may also ask for a free case review. The Zamparo Law Group is connected on social media, please follow us and share our resources we share on our FacebookTwitter and LinkedIn pages. You may call the Zamparo Law Group with any questions by dialing (224) 875-3202.

 

[i] The Buffalo News, High-speed license plate cameras spark privacy concerns as they help solve crimes, by Matthew Spina, Apr. 10, 2016.

[ii] Drivers Privacy Protection Act. 18 U.S.C. § 2721 et. seq.

[iii] The Buffalo News, License plate camera data’s private use raises questions, Apr 10, 2016.

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Fighting identity theft and making identity theft victims whole

White-collar crime is not victimless crime; victims of identity theft suffer significant losses and hardships. Advances in technology and Internet commerce are helping safeguard our private information but thieves and hackers are learning advanced methods to steal identities. Damage suffered by identity theft victims can be extensive and lead to long-term problems. Unfortunately, most people will not know their identity is stolen until after damage is done. The identify thief may have obtained a drivers license, insurance, bank accounts, credit cards and bought a new car, all in your name. What happens when the identity thief does not pay the bills that are in your name and affect your credit? What happens with the identity thief is arrested for DUI with their license in your name? What happens when a police officer comes to your house and arrests you for a crime you did not commit?

We say, “It won’t happen to me, I’m safe and cautious with my personal information.”

Imagine you never use credit or debit cards online or over the phone; you shred all mail with your personal information and pick up your mail the minute the post office delivers it to your home. Identity thieves will get your information if they want it. Whether they hack into systems, where your private information is kept or they buy illegal lists of identities and private information on the black market, there is little anyone can do to stop a thief. Another target for identity theft may be a company, such as an insurance provider, that failed to adequately secure your information from thieves. On a local scale, the family law firm down the street may have client files, full of private information, and an unscrupulous night cleaning crew who hit the identity theft jackpot. In many cases, the thieves simply sell your identity on the black market, to domestic and foreign buyers.

Identity theft can be a disaster for victims, left with a damaged life and reputation.

Cancelling and ordering new credit cards is one thing. Proving you did not commit a hit and run collision causing death is quite another. An identity thief could feasibly obtain all necessary information to register a stolen vehicle in your name and even insure it with your driver’s license number. If the thief causes a collision while pretending to be you, they can simply abandon the assumed identity, move along to the next victim, and become them. Along the way, your credit could be ruined and the work it takes to restore your credit rating is extensive. Tax identity theft is also on the rise. Thieves use tax filing websites to file phony returns in your name, have tax refunds deposited into phony accounts they open in your name, and when you file your actual tax return the IRS rejects your return, and audits everything tied to your name and social security number.

There are state and federal criminal and civil penalties for thieves, and remedies for victims.

In Illinois, a person commits identity theft, “uses any personal identifying information or personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property.[i]” Illinois law classifies identity theft as a felony with increasing severity and penalties as the value of the theft of goods or services increases:

  1. Identity theft of credit, money, goods, services, or other property not exceeding $300 in value is a Class 4 felony.
  2. Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value is a Class 3 felony.
  3. Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value is a Class 2 felony.
  4. Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony.

Under federal law, possession and transfer of private information to create or use a false identity is punishable by fines and prison terms of not more than five to 30 years.[ii]

Individual victims of identity theft may have a cause of action and file a lawsuit against the identity thieves, if they catch them and can collect damages if the thief is caught and illegally obtained assets are available for sale and recovery by a victim. A much more likely scenario is a lawsuit against a company who was negligent with your information and the identity theft occurred as a result of that negligence. The Fair Credit Reporting Act (FCRA) is a source of federal law providing remedies for consumer victims of identity theft.[iii] Victims can recover money for violations of the FCRA when your information was mishandled, and recovery can include actual damages, statutory damages and attorney’s fees.

To learn more about the FCRA and its enforcement, read our blog article, The Fair Credit Reporting Act, responsibilities and remedies for consumer reporting violations.

Cleaning up the damage: What else we can do to remedy your negative effects

If you are an identity theft victim, the attorneys at the Zamparo Law Group can assist and advise you about the process of contacting all the contacts on your accounts with banks, credit agencies, driver’s license facilities, the Social Security office, and with making proper reports of identity theft crime to the proper state and federal agencies. The paperwork involved can be extensive and there may be a specific order in the process of restoring your proper identity and canceling your bogus version of you.

The Zamparo Law Group can help consumers fight identity theft and companies who fail to safeguard your private information. We fight and win in court, individually and in class action lawsuits.

The Zamparo Law Group, P.C. is a consumer protection law and litigation firm, representing consumer plaintiffs. Zamparo Law Group in the northwest suburbs of Chicago sues and wins against the companies who refuse to follow the law.

To learn more about consumer protection law and the Zamparo Law Group, please visit the firm’s website. You may also ask for a free case review. The Zamparo Law Group is connected on social media, please follow us and share our resources we share on our FacebookTwitter and LinkedIn pages. You may call the Zamparo Law Group with any questions by dialing (224) 875-3202.

 

 

[i] 720 ILCS 5/16-30

[ii] 18 U.S. Code § 1028

[iii] Fair Credit Reporting Act, 15 U.S.C. § 1681

Image Source: Identity theft complaints on the rise in Wisconsin http://bit.ly/1L7ksKd

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The Driver’s Privacy Protection Act helps prevent people from tracking you down.

The Driver’s Privacy Protection Act (DPPA) of 1994[i] is part of the Violent Crime Control and Law Enforcement Act, and it governs the privacy and disclosure of personal information gathered by state motor vehicle and driver licensing departments. The DPPA also applies to the authorized recipients of personal information under the law and it requires recordkeeping requirements. The “personal information contained in an individual’s motor vehicle records can include the driver’s name, address, phone number, Social Security number, photograph, height, weight, gender, age, certain medical or disability information, and in some states, fingerprints.[ii]

High profile stalking and murder cases highlighted a need for safeguards protecting drivers.

The DPPA was passed after a series of instances of abuse of personal information held by the government. An abortion doctor, Susan Wicklund, was the target of abortion protesters and activists who obtained the doctor’s home address from running her license plate number in a public database. The group of protesters picketed outside Wicklund’s home for a month and followed her daughter to school. At one point the protesters placed cement barricades in the doctor’s driveway to prevent her from going to work. In response to this and other cases of abuse of drivers’ private information, the DPPA was signed into law.

In 1989, before the DPPA was law, actor Rebecca Schaeffer was killed by a fanatic follower and stalker who found her home address through DMV records in California. Public outrage led to the bill’s introduction in Congress in reaction to the shocking ease in which a murderer could track someone down. In 1989, a report on the actor’s death discussed how the killer obtained her information, “For as little as $1, a person can go into any of California’s DMV offices, fill out Form 70 stating who they are, what person they want information on, the reason, and how they intend to use it. Even if they lie, the information is delivered on the spot.[iii]

Illinois License PlateThe DPPA identifies requirements for the permissible use of driver information.

The law states that, “A State department of motor vehicles, and any officer, employee or contractor thereof, shall not knowingly disclose or otherwise make available to any person or entity: personal information…about any individual obtained by the department in connection with a motor vehicle record…[iv]” Personal information, “shall [only] be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions…[v]” Permissible users identified in the DPPA include law and government agents working in their professional capacities. A list of examples also identify the merchants and individuals doing work in the normal course of the sale, licensing and insurance of drivers and vehicles as permissible users with qualified access to driver information.

Any individual covered by the DPPA, who knowingly discloses or makes personal information available to another outside the coverage of the law, may be charged with a violation of the law and subject to criminal fines and civil liability.

Penalties and civil lawsuits are available for violations of the DPPA.

Under the penalties section of the DPPA, “Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance.[vi]

Private individuals may file a lawsuit in a U.S. district court against, “a person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter.[vii]” If the individual proves a violation of the DPPA, the court may award actual damages up to $2,500 as well as punitive damages, attorney’s fees and other relief as the court determines necessary to remedy the privacy violation.[viii]

Zamparo ImageThe Zamparo Law Group, P.C. will enforce the law and protect your privacy rights.

If your personal information is illegally obtained, you may call the Zamparo Law Group and ask for a free case review. The Zamparo Law Group attorneys will advise you of your rights under DPPA and help determine if you have a case to bring against the wrongdoing individual or agency.

To learn more about consumer protection law and the Zamparo Law Group, please visit the firm’s website. You may also ask for a free case review. The Zamparo Law Group is connected on social media, please follow us and share our resources we share on our Facebook, Twitter and LinkedIn pages. You may call the Zamparo Law Group with any questions by dialing (224) 875-3202.

 

[i] Drivers Privacy Protection Act. 18 U.S.C. § 2721 et. seq.

[ii] EPIC.org Electronic Privacy Information Center, The Drivers Privacy Protection Act (DPPA) and the Privacy of Your State Motor Vehicle Record.

[iii] Franks Reel Reviews, The Death of Rebecca Schaeffer, by Frank Williams.

[iv] 18 U.S.C. § 2721 (a)(1).

[v] 18 U.S.C. § 2721 (b).

[vi] 18 U.S.C. § 2723 (b).

[vii] 18 U.S.C. § 2724 (a).

[viii] 18 U.S.C. § 2724 (b).

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