Granted: Motor vehicle records from PennDOT, with personal info redacted
Granted in part and denied in
part: A request for motor vehicle
vehicle investigation information relating to a
certain individual and vehicles, from the
Pennsylvania Department of Transportation.
From
the Pennsylvania Freedom of Information
Coalition
Granted in part and denied in part: A request for motor vehicle vehicle investigation information relating to a certain individual and vehicles, from the Pennsylvania Department of Transportation.
PennDOT denied driver license and vehicle registration information, saying it was available only pursuant to the motor vehicle law and the federal Driver's Privacy Protection Act. It indicated that the requester must meet certain requirements to obtain the information, and provided the requester with the names and numbers of forms to be used.
The Office of Open Records determined that the federal Driver Privacy Protection Act protects personal identification information in motor vehicle records, such as names and addresses, and cited its previous decisions in Brown vs. DCNR AP 2009-0196, Murin vs. PennDOT, AP 2009-0210, and Setaro vs. PennDOT, AP 2009-0382.
The OOR said PennDOT could redact personal identification information and any other information protected by the DPPA. "However, the remained of the responsive records must be made accessible to the Citizen," the OOR ruled. "This determination does not preclude the citizen from seeking unredacted copies of the requested records from PennDOT directly, as set forth under the DPPA and PennDOT's forms and policies."
The OOR also noted that although it has established a duplication fee of no more than 25 cents a page, PennDOT was able to charge $5 per record, since that fee is established in the Pennsylvania Motor Vehicle Code, which "trumps the fee restrictions and of the OOR."
PennDOT was directed to release the records requested, with any nonpublic information redacted.
Kline vs. PennDOT -- AP 2009-0259
Granted in part and denied in part: A request for motor vehicle vehicle investigation information relating to a certain individual and vehicles, from the Pennsylvania Department of Transportation.
PennDOT denied driver license and vehicle registration information, saying it was available only pursuant to the motor vehicle law and the federal Driver's Privacy Protection Act. It indicated that the requester must meet certain requirements to obtain the information, and provided the requester with the names and numbers of forms to be used.
The Office of Open Records determined that the federal Driver Privacy Protection Act protects personal identification information in motor vehicle records, such as names and addresses, and cited its previous decisions in Brown vs. DCNR AP 2009-0196, Murin vs. PennDOT, AP 2009-0210, and Setaro vs. PennDOT, AP 2009-0382.
The OOR said PennDOT could redact personal identification information and any other information protected by the DPPA. "However, the remained of the responsive records must be made accessible to the Citizen," the OOR ruled. "This determination does not preclude the citizen from seeking unredacted copies of the requested records from PennDOT directly, as set forth under the DPPA and PennDOT's forms and policies."
The OOR also noted that although it has established a duplication fee of no more than 25 cents a page, PennDOT was able to charge $5 per record, since that fee is established in the Pennsylvania Motor Vehicle Code, which "trumps the fee restrictions and of the OOR."
PennDOT was directed to release the records requested, with any nonpublic information redacted.
Kline vs. PennDOT -- AP 2009-0259