CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor 

OFFICE OF THE DIRECTOR
DEPARTMENT OF MOTOR VEHICLES

PO. BOX 932328
SACRAMENTO, CA 94232-3280

 

February 4, 2019

The Honorable Lorena Gonzalez
Member of the Assembly

1020 Street, Suite 51 1
Sacramento, CA 95814

Dear Gonzalez:

Acting Director Kathleen Webb requested that I respond to your letter dated
January 25, 2019, inquiring on the California Department of Motor Vehicles?
(DMV) policies regarding access to AB 60 license information and images.

DMV does not maintain a separate database for driver license applicants under
AB 60, nor does it maintain a digital image of the physical driver license or
identification card.

Pursuant to the Vehicle Code, specified entities, including law enforcement,
courts, district attorneys, government or commercial requesters, and the public
have access to certain information in departmental records. Records available
to anyone requesting information from DMV do not identify whether the
applicant applied for a license under AB 60.

Pursuant to Vehicle Code Section 12800.7, DMV does not release any document
provided by an applicant for purposes of proving the applicant?s identity, true
full name, California residency, or legal presence, except in response to a
criminal subpoena, a court order, or a certification from law enforcement
attesting to an urgent health or safety need for the release of the documents.
(See similar language in Vehicle Code Section 12801.9, which authorizes DMV to
issue AB 60 licenses.)

DMV has policies regarding access to and the acceptable use of departmental
resources, including the driver license and identification card database and the
information contained therein. policies are governed by provisions of the
Information Practices Act (Civil Code Section 1798 et sea.), the Public Records
Act (California Government Code Section 6250 et sea.), California Government
Code Sections 11015.5 and 11019.9, California Vehicle Code Section 1800 et
sea., Article 5 (commencing with Section 350.02) of Title 13 of the California

California Relay Telephone Service for the deaf or hard of hearing from TDD Phones: 1-800-735-2929; from Voice Phones: 1-800?735-2922

EXEC 601 (REV. A Public Service Agency

The Honorable Lorena Gonzalez
Page 2
February 4, 2019

Code of Regulations, the Driver?s Privacy Protection Act [18 United States Code
Sections 272l?2725], and other applicable laws pertaining to information
privacy.

Pursuant to Vehicle Code Section l810.5, law enforcement may access certain
information from driver license or identification card records either directly from
DMV via a requester account, or via the Department of Justice's California Law
Enforcement Telecommunications System (CLETS) and Cal?Photo programs,
which interface with database. Information available to law
enforcement includes name, date of birth, residence and/or mailing address,
photos, as well as conviction information, accidents, and any licensing actions
taken by the department. Information available in these systems does not
indicate the applicant?s Social Security number, ineligibility fora Social Security
number, or whether the individual applied under AB 60. In addition, these
systems do not contain the documents an applicant used to establish their
identity, true full name, California residency, or legal presence. As set out
above, those documents are only available to law enforcement in response to
a criminal subpoena, a court order, or a certification from law enforcement
attesting to an urgent health or safety need for the release of the documents.

Pursuant to the Vehicle Code, non?law enforcement or governmental entities
have access to information in departmental records either through DMV's
Commercial Requester Account program (Vehicle Code Section I8l0.2) or
directly from DMV (Vehicle Code Section I808), provided there is a permissible
use. Permissible use is outlined in the federal Driver's Privacy and Protection Act,
and includes the categories of motor vehicle or driver safety and theft:
legitimate business use; criminal, civil, or arbitral processing: insurance;
employment of commercial drivers; or as specified by California law.

The department has policies and procedures in place to monitor access and
disclosure of database information, including the requirement for commercial
requesters to file a bond and pay specified fees. Information from DMV records
available to these requestors includes name, date of birth, as well as conviction
information, accidents, and any licensing actions taken by the department.
Information available to these requesters does not indicate the applicant?s
Social Security number, ineligibility fora Social Security number, or whether the
individual applied under AB 60. Requestors are unable to access the
documents an applicant used to establish their identity, true full name,
California residency, or legal presence.

EXEC 601 (REV. 

The Honorable Lorena Gonzalez
Page3
February 4. 2019

An individual may request their own driver license or identification card record
and receive the same information.

Thank you for the opportunity to address your questions and concerns regarding
the protection of personal information entrusted to the department.

If you have any questions or concerns, please contact Gil Topete. Deputy
Director of Legislation at 6) 657?6518.

Sincerely,

SONIA HUESTIS, Deputy Director
Communication Programs Division

cc: Kathleen Webb, Acting Director
Gil Topete, Deputy Director of Legislation

EXEC 501 (REV. 112019)