WAC 308-56A-090
Disclosure of individual vehicle owner
information. (1) What vehicle record owner information is
protected from disclosure? Vehicle information protected from
disclosure is the same as under chapters 42.56 and 46.12 RCW which includes:
(a) Name and address information;
(b) Social Security numbers;
(c) Medical or disability information; and
(d) Telephone numbers.
(2) Who may receive disclosure of individual vehicle
owner names and addresses?
(a) Government agencies that require use of name and
address information in their normal course of business;
(b) Any business entity that requires use of name and
address information in their normal course of business in
accordance with these rules;
(c) Vehicle manufacturers who require vehicle ownership
information for recall of their product;
(d) Individuals that provide proof of personal
identification:
(i) For vehicles currently registered in their name; or
(ii) For vehicles they can provide a bill of sale or
acceptable documents indicating that they purchased the
vehicle.
(e) Please see subsection (3) of this section for
additional restrictions.
Business and government entities requesting disclosure of
individual vehicle owner names and addresses must enter into a
disclosure agreement with the department.
(3) When both a mailing and residence address are
recorded on the vehicle record, which address will be
disclosed? Where both a mailing address and residence address
are recorded on the vehicle record and are different, only the
mailing address will be disclosed. Both addresses will be
disclosed in response to requests from courts, law enforcement
agencies, or government entities with enforcement,
investigative, or taxing authority and only for use in the
normal course of conducting their business.
(4) What documentation does the department require to
disclose vehicle owner name(s) and address(es)? The
department requires:
(a) A signed and notarized vehicle/vessel record
disclosure request application form provided by the department
and completed by the applicant indicating the specific purpose
for which the information will be used; and
(b) A disclosure agreement with the department as
required by RCW 46.12.380.
(c) Acceptable business entity verification; or
(d) A contract with the department.
(5) What is acceptable business verification? For
purposes of this section acceptable business verification
includes:
(a) If the requester is a licensed Washington business, a
copy of its current master business license;
(b) If the requester is a business that is not required
to be licensed in this state, its federal employer
identification number/federal tax number (or Uniform Business
Identifier) on official letterhead with a notarized signature
of the owner or an authorized representative;
(c) If an attorney, a copy of the current bar card; or
(d) If a private investigator, a copy of the current
private investigator's license.
(6) Does a business need to supply a new form and copy of
the business license each time vehicle information is
requested? Yes, each time a request is made for vehicle
information a new form and copy of the business license is
needed, unless a contract exists between the business and the
department.
(7) If a business entity has entered into a contract or
agreement with the department, is a separate request for each
inquiry required? No. If a business entity has entered into
a signed contract between the business and the department, a
separate request for each inquiry is not required.
(8) Are businesses allowed individual owner information
on vehicle records? Yes, if a business requires individual
owner information to conduct its regular business and
qualifies under RCW 46.12.380 and 18 U.S.C. 27.21 (commonly
known as Driver Privacy Protection Act), it may receive
individual vehicle owner information.
(9) Who may release the vehicle owner name and address
information?
(a) The public disclosure unit of the vehicle services
division of the department of licensing; or
(b) Agents and subagents, but only when disclosing
information for purposes described in subsection (2)(d) of
this section.
(10) When may the department disclose the individual
name(s) and address(es) of vehicle owners? Notwithstanding
the provisions of chapter 42.56 RCW, the department
may disclose names and addresses of vehicle owners when:
(a) The requesting party is a business entity that
requests the information for use in their normal course of
business;
(b) The request is in writing, signed by the person
requesting disclosure, contains the full legal name and
address of the requesting party and/or their business, and
specifies the purpose for which the information will be used;
and
(c) The requesting party enters into a disclosure
agreement with the department in which the party:
(i) Agrees they will use the information only for the
purpose stated in the request for the information; and
(ii) Will not use, or facilitate the use of the
information for the purpose of making any unsolicited business
contact with a person named in the disclosed information.
(11) What does the term "unsolicited business contact"
mean? 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 disclosure information. The term does not apply to situations where the requesting
party and such person have been involved in a business
transaction prior to the date of the disclosure request and
where the request is made in connection with the transaction.
(12) Is the department required to notify the vehicle
owner when ownership information is disclosed? When the
department grants a request from an attorney or private
investigator for information under this section, the
department will provide notice to the vehicle owner that the
request has been granted. The notice will provide the name
and address of the requesting party. Additionally, if a
contract holder releases owner information to a private
investigator or attorney, they must notify the vehicle owner
that a request has been granted, and include the name and
address of the requesting party.
(13) How long will the department retain the request for
disclosure of vehicle owner information? The department will
retain the request for disclosure for three years.
(14) Who is responsible for assuring that the information
is used appropriately? Any person, business, entity or
association that receives vehicle owner information under this
section is responsible for assuring that the information
received is not used for a purpose contrary to the agreement
between the person, business, entity or association and the
department.
[Statutory Authority: RCW 46.01.110. 06-15-059, §
308-56A-090, filed 7/12/06, effective 8/12/06. Statutory
Authority: RCW 46.16.010, 46.12.370, and 46.12.380. 05-18-002, § 308-56A-090, filed 8/25/05, effective 9/25/05. Statutory Authority: RCW 46.01.110, 46.12.101, 88.02.070. 02-01-123, § 308-56A-090, filed 12/19/01, effective 1/19/02. Statutory Authority: RCW 46.01.110 and 46.12.101. 00-20-065,
§ 308-56A-090, filed 10/3/00, effective 11/3/00; 98-12-099, §
308-56A-090, filed 6/3/98, effective 7/4/98. Statutory
Authority: RCW 42.17.250(1), 46.01.110, 46.12.151 and46.12.380
. 96-03-047, § 308-56A-090, filed 1/11/96, effective
2/11/96. Statutory Authority: RCW 46.01.110 and 88.02.070. 91-03-088, § 308-56A-090, filed 1/18/91, effective 2/18/91.]