Delaware General Assembly


CHAPTER 479

FORMERLY

SENATE BILL NO. 379

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 3, TITLE 21 OF THE DELAWARE CODE RELATING TO THE PRIVACY ACT GOVERNING THE RELEASE OF MOTOR VEHICLE DRIVING HISTORY AND LICENSE RECORDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Section 305(b)(12), Chapter 3, Title 21, Delaware Code by deleting that paragraph in its entirety.

Section 2. Amend Section 305(i), Chapter 3, Title 21, Delaware Code by deleting the third paragraph which begins with the words “Medical information…” and substituting in lieu thereof the following:

“A person’s driver’s license electronically digitized photograph and signature, social security number or medical or disability information shall not be releasable without the express written consent of the person to whom such information pertains, except for uses permitted under subsections (b)(1), (b)(6) or (b)(9). A signed release from the licensee whose information is sought shall constitute a permitted use if notarized. This subsection shall not in any way affect the use of organ donor information on an individual driver’s license or affect the administration of organ donor initiatives by the Division.”

Section 3. Amend §305(h)(2), Chapter 3, Title 21, Delaware Code by deleting that paragraph in its entirety

Section 4. Amend §305(k)(1) and (2), Chapter 3, Title 21, Delaware Code by deleting those paragraphs in their entirety and substituting in lieu thereof the following:

“(1) An authorized recipient of personal information may resell or redisclose the information for any use permitted under subsection (b) of this section.”

Approved July 26, 2000