Washington Post

October 5, 1999   (pg E01)     

Senate Passes Bill
On Drivers' Records


States would have to get a drivers' permission before
releasing personal data from their motor vehicle records
under a provision of the transportation appropriations
bill approved by the Senate yesterday.

The provision is one of the most aggressive efforts in
recent years to address privacy concerns by curbing the
government sale of names, addresses, Social Security
numbers, license photos and other personal data to
direct marketers, information brokers and others.

It attempts to strengthen an earlier effort by Congress
to restrict the use of drivers' information, but it also
raises new questions about open records traditions
and the rights of states to decide how to use information
they gather.

Next month, the Supreme Court will decide the
constitutionality of the Drivers Privacy Protection Act,
which prohibited states from selling information drivers
provided, except to direct marketers, police and some
others who were listed as permissible buyers. The law,
which took effect in 1997, was challenged in several
states as an unconstitutional infringement of states rights.
The new, tighter restrictions in yesterday's bill were
attached to an appropriations bill to try to get around
those constitutional questions.

The restrictions, approved by the House on Friday,
have two parts.  The first requires states to obtain consent
before releasing to anyone sensitive data such as details
about drivers' medical conditions or disabilities, license
photos or Social Security numbers.  The second would
require states to get permission before releasing less
sensitive information--including names, ages and
addresses-- to a third party for marketing purposes.

The changes would take effect next June. The bill will
now go to President Clinton, who is expected to sign it.