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Information Practices Act (IPA) Article 8 Guidelines

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Information Practices Act (IPA) Article 8 Guidelines

These Guidelines specify the procedures that an individual must follow to exercise his/her rights set forth in Article 8 of the Information Practices Act (Civil Code Section 1798.30 – 1798.37). If a person wishes to exercise his/her IPA rights under Article 8, that individual must follow these procedures in order for DMV to adhere to the IPA requirements. These Guidelines do not alter or affect the confidentiality or exemptions set forth in Civil Code sections 1798.38 through 1798.44.

NOTE: Are you trying to review your own driver license record to learn what information the DMV may disclose to a third party who requests your driver license record?  If yes, then instead of proceeding with a request under the IPA, you should submit a Request for your own public driver license record, by filling out the INF 1125 form

IPA Record Inquiry

Each individual has the right to inquire and be notified as to whether the agency maintains a record about that person. To exercise this right, a person must submit a written request to DMV with the subject line: “IPA Record Inquiry” and include a copy of that person’s driver license / identification card that was received from DMV.  Send this request by mail addressed as follows:

IPA Record Inquiry
Attn: DMV Chief Privacy Officer
2415 First Avenue, MS F127
Sacramento, CA 95818

Within 30 days from DMV receiving an IPA Record Inquiry, the DMV will respond with a NOTICE re: IPA Record Inquiry, sent to the requester’s current address of record that includes the following information:

(1) Whether or not the DMV has records concerning that person; (2) the title and business address of the DMV official(s) responsible for maintaining the identified records; (3) the procedures for that person to gain access to record information pursuant to the IPA, and (4) the procedures to be followed for a person to contest the contents of record information disclosed to that person pursuant to the IPA.

The IPA provides specific rights regarding a person’s ability to access personal information about that person which may be in the DMV’s records. The procedures for a person to gain access to their personal information is called the IPA Record Inspection Procedure, set forth below.

The IPA provides specific rights regarding a person’s ability to request an amendment to a record disclosed to that person pursuant to the IPA. The procedures for a person to contest the contents of record information disclosed to that person pursuant to the IPA is called the IPA Record Amendment Procedure, set forth below.

IPA Record Inspection Procedure

Except as otherwise provided by the IPA, the DMV shall permit any individual person to inspect all personal information in any record containing that person’s personal information, where such record is maintained by reference to an identifying particular assigned to that person (or e.g. that person’s driver license number or vehicle identification number).

If a person wishes to exercise this right, that person must submit a written letter request to DMV that states on the subject line: “IPA Record Inspection Request” and include a copy of that person’s driver license / identification card that was received from DMV.  Send this request by mail addressed as follows:

IPA Record Inspection Request
Attn: DMV Chief Privacy Officer
2415 First Avenue, MS F127
Sacramento, CA 95818

After DMV receives a person’s IPA Record Inspection Request with the required identifying information, then the DMV will permit inspection of all of that person’s personal information in DMV’s records within 30 days for active records and within 60 days for inactive or geographically dispersed records. The DMV will also permit inspection by sending a copy of all of that person’s personal information in DMV’s records to that person’s address of record in the DMV’s records upon payment of the actual costs or statutory fee for the copies.

The DMV will present the personal information in a form reasonably comprehensible to the general public.

DMV will allow inspection of an individual’s personal information by another person of the individual’s own choosing, only if the individual submits an express written statement authorizing that disclosure of his/her personal information to that other person. If an individual decides to exercise this right, that individual must include a written statement as part of the IPA Record Inspection Request that expressly authorizes the disclosure to a specifically named person, and also provides the address of that authorized person where DMV will send the information.

IPA Record Amendment Procedure

IPA Record Amendment Procedure:  After inspecting his/her personal information received from the DMV pursuant to the IPA Record Inspection Procedure, a person may submit a written request asking DMV to make a correction (i.e. amendment) to what was received.

To make an IPA Record Amendment Request, a person must submit a written request with the subject line: “IPA Record Amendment Request” and submit it by mail addressed as follows:

IPA Record Amendment Request
Attn: DMV Chief Privacy Officer
2415 First Avenue, MS F127
Sacramento, CA 95818

The written request must include a copy of the specific information received that the person wants corrected, identify the specific information that the person is contesting and wants corrected, and explain in detail the reasons why the person believes the amendment should be made.  The written request should also include all relevant documentation or information supporting the request so that the DMV can make a decision.

Within 30 days of DMV’s receipt of an IPA Record Amendment Request that is submitted to DMV in compliance with these procedures, the DMV will provide a response to inform the individual of any record amendments made in accordance with the request, and/or inform the individual of DMV’s refusal to amend the record along with the reason therefore, and also inform the individual of the procedures that may be followed for the individual to seek review of DMV’s decision.

If DMV refuses to make a requested correction/amendment, then DMV’s response will identify the DMV official who is designated to review the decision, including that official’s name, title and business address.

This IPA Record Amendment Request Procedure is available only after a person submits the required IPA Record Inspection Request (discussed in these Guidelines above), because the record amendment procedure is directed at the information provided in DMV’s disclosure of personal information made in response to an individual’s IPA Record Inspection Request.

IPA Amendment Decision Review Procedure

Review of DMV’s decision on an individual’s IPA Record Amendment Request may be obtained as follows.

After receiving DMV’s response to an IPA Record Amendment Request, if a person wants a review of the DMV’s decision refusing to make a requested correction/amendment, then a person may obtain review of that decision by submitting a written request with the subject line: IPA Amendment Decision Review. That written request for review must be mailed to the designated official and address identified in DMV’s decision responding to the IPA Record Amendment Request.

The written request must include an explanation of why the person disagrees with the DMV’s decision, and any additional supporting documents and information that the person has not previously submitted to DMV as part of that person’s IPA Record Amendment Request.
After receiving a person’s written request for an IPA Amendment Decision Review, the DMV will review the decision, complete the review, and make a final determination within 30 days of receipt unless, for good cause shown, that review period is extended up to an additional 30 days.

If, after review, the reviewing DMV official refuses to amend the record in accordance with the person’s request, then the DMV will give notice of that Final Determination to the requesting person.

Thereafter, a person may submit within a reasonable time a statement of reasonable length (2 pages maximum) that sets forth the reasons for the individual’s disagreement with DMV’s Final Determination.

If a person chooses to submit this written Statement of Disagreement to DMV, then that person must mail it to the DMV’s reviewing official who made the Final Determination, at the address provided therein, and in an envelope that is marked: IPA Statement of Disagreement.

IPA Dispute Notification

If an individual follows all of these Guidelines and files a Statement of Disagreement, then DMV will clearly note any portion of the record which is disputed, and make available the Statement of Disagreement and DMV’s reason for not making the requested amendment, to any person or agency to whom the disputed record information has been or is disclosed.

 

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