MEMORANDUM
Of UNDERSTANDING
BETWEEN

THEMARYLAND
DEPARTMENT Of
PUBLIC
SAFETY
ANDCORRECTIONALSERVICES
AND
DEPARTMENT
OFTRANSPORTATIONMARYLAND
MOTORYtiHICLEADMINISTRATION
I.

INTRODUCTION

This Memorandum of Understanding (MOU) is entered into by and between the Maryland
Departmen t of Publ k Safety and Correctional Services (DPSCS) and Departmen t of
Transportation - Maryland Motor Vehicle Administration (MDOT-MVA); here inafter
collectively referred to as "Partie s'".

~

PURPOSEAND SCOPE

a. Purpose
The purpose of th is MOUis to improve public safety and foster interoperability amongst
State agencies and stakeholders by providing digital photographic images transmitted from
MDOT•MVAto DPSCS for use by DPSCSwith facial recognition software for law enforcem e nt
purposes .

b. Controlllng Regulations and Laws
Each Party understands that the provisions of this Memorandum are s ubject to the laws
and regulations of the United States and the State of Maryland.

c. No Rights Created
This agreement does not, and shall not be construed to create any rights, substantive or
procedural, enforceable at law by any person in any matter, civil or cr iminal.

d. Liability
Each Party is respons ible for its own conduct under this MOU, and retains all defenses,
including immuniti es, availabl e under applicable federal, and Maryland State laws. No
participant agrees to Insure, defend, or indemnify any other.

IIJ.

RESPONSIBILITIES
a.

Maryland MVA

The Parties agr ee that their responsibilities are to create an appropriate Interface
between MDOT-MVAand DPSCS to provide DPSCS Staff with the agreed upon digital
photos .

103099

GULaw Privacy FR

 b. The Parties agree to the future sharing of additional data provided that:
1. A formal request from DPSCS to MOOT-MVAis made; and

2. Legal approval to share the data has been obtained.

c. DPSCSshall ensure the security and confidentiality of MDOT-MVA'sdigital photographic
images. which must be maintained throughout the life of this partnership in accordance
with the signed MVA's Driver Privacy Protection Act Agreement (DPPA) (Attached), the
MOOT security policy, any MVAspecific Information Security policies, and the National
Institute of Standards and Technology (NIST) Security Standard .

d. Upon reasonable written notice, MDOT-MVAmay suspend furnishing the stored data
described in this MOU whenever a reasonable determination has been made that any
term of this MOU or related rule, procedure, or policy has been violated or reasonably
appears to have be violated.

e. In consideration for the release of said data, DPSCSagrees that it shall use such
information only for the purposes for which it has requested such information as
indicated in Section II.
Vl.

POINTSOF CONTACT-Points of contact for operating under this MOUare as follows :

a. Department of Public Safety and Correctional Services Contact
Ronald C. Brothers
Chief Information Officer
6776 Reisterstown Road
Ste. 209
Baltimore, MD 21215
(410) 585 -3812 (Office)

rbrothers@dpscs.state.md,us
Vehicle Administration Contact

b. Department of Transportation-Motor

Al Short
Chief Information Officer
6601 Ritchie Highway
Glen Burnie. MD 21062
(410) 787-7788
ashort@mva.matyland.gov

2

Maryland MVA

103100

GULaw Privacy FR

 VII.

EFFECTIVEDATE/ DURATION/ MODIFICATION/TERMINATION
This MOU is effective upon signing by the last participant(s) and shall remain in effect from
the latest signature date unless modified or terminated. This MOUmay be modified at any
time by written consent of all participants, and may be terminated by either Party upon 60
days advance written notice by the terminating Party to the remaining Party . Additionally ,
both Parties agree to provide in writing the reasons for termination and agree to meet
during the interim period for the purpose of the renegotiations or modification of the
Agreement.

VIII,

SPECIALTERMSAND CONDITIONS

a. This MOUwill be reviewed annually and may be revised and/or amended by mutual
consent by all Parties.
b. The MOU will be effective immediately upon the signature of designated MDOT•MVA

representatives.

(see below)

c. The terms and conditions of this Memorandum constitute the full and complete
agreement between the Parties. No other verbal or written agreement shall, in any way,
vary or alter any provision of this Memorandum unless all Parties consent to vary or
alter the provision In a signed writing.

3

Maryland MVA

103101

GULaw Privacy FR

 IX.

RATIFICATION

This Agreement has been approved for legal form and sufficiency.

~

)l(bt.

Stuart M. Nathan
Principal Counsel
Maryland Department of Public Safety
And Correctional Service s

~,~ ~~~J~

201.\

) nathan Acton#st
Date
Principal Counse t
Maryland De par~ , nt of Transportation
Motor Vehicle Adrpinistration
Agreed:

. /'

~.~

.:?Latfa

Ronald C. Brother s
Date
Chief Information Officer
Maryland Department of
Public Safety and Correctional Serv ices

~
Al Short

23 J.14r:2tt>I/

Date
Chief Information Officer
Maryland Department of Transportation
Motor Vehicle Administration

-t / ~

Gary D.Maynard

- (JJr1

'f/rJ-111
Date

•

Secretary
Maryland Department of Public Safety
And Correctional Services

~

_·-- -~

?fl~J

23

Zc> 11

4

n Kuo
Date
Administrate r
Maryland Department of Transportation
Motor Vehicle Administration
4

Maryland MVA

103102

GULaw Privacy FR