Aug. 17, 2016 – Given the option, most people would choose to control release of their personal data, such as where they live, their birth date, and their telephone number. Elective officials and governmental employees for the most part give up the right to decide who can find out such information. But even for nongovernmental workers, some personal information is nevertheless subject to disclosure simply by reason of driving a motor vehicle within Wisconsin.
At First Glance, Motorists’ Information Appears to Be Public
Peter Block, a Milwaukee assistant city attorney and author of PINNACLE®’s The Wisconsin Public Records and Open Meetings Handbook, explains that any question about disclosure of information under the public records law begins with this basic issue: is the record covered by the law?
Under Wis. Stat. section 19.32(2), “‘[r]ecord’ means any material on which written, drawn, printed, spoken, visual or electromagnetic information or electronically generated or stored data is recorded or preserved, regardless of physical form or characteristics, that has been created or is being kept by an authority.” And an authority is “a state or local office, elective official, agency,” which clearly includes such entities as the Wisconsin Division of Motor Vehicles, keeper of many records concerning drivers.
Federal Law Erects a Roadblock
However, the federal Driver’s Privacy Protection Act (DPPA) “prohibits state departments of motor vehicles (DMVs) from disclosing a driver’s personal information without the express consent of the person to whom such information applies, subject to certain exceptions.” The DPPA defines “personal information” as “information that identifies an individual, including the individual’s photograph, [S]ocial [S]ecurity number, driver identification number, name, address (but not the five-digit ZIP code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver status.”
Courts Point the Way Through Twists and Turns of Federal and State Law
So, does this mean that the DPPA is violated if a driver receives a parking ticket, which often shows the name, address, and driver’s license number of the vehicle’s owner? As Peter Block discusses, courts are struggling with the juncture of the DPPA’s seemingly broad reach, its many exceptions (for permissible uses), and public policy considerations.
Illustrative of the struggle is Senne v. Village of Palatine, 695 F.3d 597 (7th Cir. 2012), in which the Seventh Circuit held that the village might have violated the DPPA when law enforcement officers placed parking citations on the windshield of a driver’s vehicle. The parking citations contained identifying information prohibited from disclosure under the DPPA, including, in relevant part, the full name, address, driver’s license number, date of birth, sex, height, and weight of the vehicle’s owner.
The court then remanded the case to the district court, for a determination “whether all of the disclosed information actually was used in effectuating” a permissible purpose allowed by the DPPA. The district court ruled in favor of the village, on grounds that the information fell under two DPPA exceptions. Senne appealed, and the Seventh Circuit upheld the district court’s ruling. In late 2015, the U.S. Supreme Court denied Senne’s petition for certiorari.
State Law Provides a New Route for Avoiding Publicity
Despite the resolution in Senne, it appears that at least one potentially sensitive element of personal information on a parking ticket, the vehicle owner’s driver’s license number, can still be protected in certain situations. Effective July 1, 2016, Wis. Stat. section 801.19 classifies driver’s license numbers as “protected information,” which must be omitted from documents filed in circuit court. Law enforcement is directed to omit license numbers from paper citations and use confidential form GF-241 to submit the numbers to the court.
Stop, Look in All Directions, and Then Proceed with Care When Handling a Public Record or Open Meeting Issue
The Wisconsin Public Records and Open Meetings Handbook is a comprehensive guide, whether you’re seeking or attempting to shelter information concerning motorists, law enforcement officers, public employees, elective officials, or minors. Use it to learn more about these topics and others, including making and responding to public records requests, the effect of attorney-client confidentiality and other privileges, electronic records, and providing notice of and recording meetings of governmental entities. The book illustrates the terrain of public records and open meetings law in Wisconsin and includes recent statutory, case law, and attorney general opinion developments.
How to Order
The Wisconsin Public Records and Open Meetings Handbook is available to members in print for $129 and to nonmembers for $159, plus tax, shipping, and handling. This volume is updated regularly, and purchasers who subscribe to automatic supplementation receive future updates at 10 percent off the regular price.
The Wisconsin Public Records and Open Meetings Handbook is also available via Books UnBound™. Annual subscriptions to Books UnBound start at $159 per title and $769 for the full library (single-user prices; call for law-firm pricing).
For more information, visit WisBar.org Marketplace or call the State Bar at (800) 728-7788 or (608) 257-3838.
