Giving a copy of a persons Drivers License to the News?

[Happy Trails]

That still only excludes the STATES and STATE AGENCIES from releasing the information. It doesn't prohibit INDIVIDUALS from disclosing the information. However, no media outlet would ever broadcast information such as this given to them by an INDIVIDUAL, especially when the accusations are not PROVEN.

The driver's license photo is personal information. This poster doesn't own it, they somehow obtained a copy of it.


http://www.oag.state.tx.us/opinions/op49cornyn/jc-0423.htm

 

[Happy Trails]

https://forum.freeadvice.com/showthread.php?t=306522

 

[ENASNI]

https://forum.freeadvice.com/showthread.php?t=306522

Ah, it is about time, you are too nice anyway.

 

[ctaylor]

happy nothing to do trails

You obviously need attention! why dont u do something positive with your life instead of gossiping and posting stupid comments. That says alot about your life... EXCERCISING IS A GREAT WAY TO SPEND YOUR TIME.... BETTER YET GET A LIFE OR AN EDUCATION

 

[Happy Trails]

I feel my own personal thread coming on.

 

[ENASNI]

aH YES

I feel my own personal thread coming on.

The benefits of being a senior member.

 

[ceara19]

The driver's license photo is personal information. This poster doesn't own it, they somehow obtained a copy of it.


http://www.oag.state.tx.us/opinions/op49cornyn/jc-0423.htm

That is only the court opinion of the Texas law governing the use of the information contained on the magnetic strip on the back of all state identifications issued by the state of Texas. It prevents the STATE from disclosing the information contained to individuals for purposes other than those previously outlined by the state.

It still does not prohibit an INDIVIDUAL from disclosing that information to others. It only prevents the state from giving the information to such an individual.

There is no law making it illegal to possess a COPY of another person's DL. The law only outlines how a person can come to possess that copy, or rather how they CANNOT gain possession of it.

There are all sorts of pefectly legal means he could have obtained the information. Have you NEVER had anyone request a copy of your DL?

 

[ceara19]

The benefits of being a senior member.

If this debate keeps up, I'll make it to senior status very soon.

 

[ENASNI]

If this debate keeps up, I'll make it to senior status very soon.

6 more posts... you go... ceara!

 

[Happy Trails]

It still does not prohibit an INDIVIDUAL from disclosing that information to others. It only prevents the state from giving the information to such an individual.

There is no law making it illegal to possess a COPY of another person's DL. The law only outlines how a person can come to possess that copy, or rather how they CANNOT gain possession of it.

There are all sorts of pefectly legal means he could have obtained the information. Have you NEVER had anyone request a copy of your DL?

No, I haven't ever given anyone a copy of my DL. If the insurance company needed it or if their was a reason that I would have to turn that information over, I would expect that it would be used legally and only for the reason I authorized.

They don't have a right to use my private information in any other way than what they needed it for.

Not knowing how this person obtained it, is the question we were waiting the poster to answer.

If it was obtained this way, and used the way he wanted, it would be illegal.

From Texas statutes:
§ 109.61. USE OF CERTAIN ELECTRONICALLY READABLE INFORMATION. (a) A person may access electronically readable information on a driver's license, commercial driver's license, or identification certificate for the purpose of complying with this code or a rule of the commission, including for the purpose of preventing the person from committing an offense under this code.
(b) A person may not retain information accessed under this section unless the commission by rule requires the information to be retained. The person may not retain the information longer than the commission requires.
(c) Information accessed under this section may not be marketed in any manner.
(d) A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

Added by Acts 2001, 77th Leg., ch. 1163, § 1, eff. Sept. 1, 2001.

Or this way:

From Texas statutes:
§ 730.013. RESALE OR REDISCLOSURE. (a) An authorized recipient of personal information may not resell or redisclose the personal information in the identical or a substantially identical format the personal information was disclosed to the recipient by the applicable agency.
(b) An authorized recipient of personal information may resell or redisclose the information only for a use permitted under Section 730.007.
(c) Any authorized recipient who resells or rediscloses personal information obtained from an agency shall be required by that agency to:
(1) maintain for a period of not less than five years records as to any person or entity receiving that information and the permitted use for which it was obtained; and
(2) provide copies of those records to the agency on request.
(d) A person commits an offense if the person violates this section. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $25,000.

Added by Acts 1997, 75th Leg., ch. 1187, § 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1032, § 7, eff. Sept. 1, 2001.


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I'm going with the Federal Government on this one, and they define it as "private".

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES
CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS

-HEAD-
Sec. 2725. Definitions

-STATUTE-
In this chapter -
(1) "motor vehicle record" means any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration, or identification card issued by a department of motor vehicles;
(2) "person" means an individual, organization or entity, but does not include a State or agency thereof;
(3) "personal information" means information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver's status.
(4) "highly restricted personal information" means an individual's photograph or image, social security number, medical or disability information; and
(5) "express consent" means consent in writing, including consent conveyed electronically that bears an electronic signature as defined in section 106(5) of Public Law 106-229.

-SOURCE-
(Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994, 108 Stat. 2102; amended Pub. L. 106-346, Sec. 101(a) [title III, Sec. 309(b)], Oct. 23, 2000, 114 Stat. 1356, 1356A-24.)

---------------


TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS

Sec. 2724. Civil action

-STATUTE-
(a) Cause of Action. - A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court.
(b) Remedies. - The court may award -
(1) actual damages, but not less than liquidated damages in the amount of $2,500;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorneys' fees and other litigation costs reasonably incurred; and
(4) such other preliminary and equitable relief as the court determines to be appropriate.

-SOURCE-
(Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994, 108 Stat. 2101.)

-------------------

His driver's license is part of his motor vehicle record and is private information.

Furthermore, if the person requested the information from the DMV (under one of the provisions allowed) and used this information other than the reason they requested it, it could result in a criminal charge with the possibility of a $25,000 fine.