FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

            The above-captioned matter was heard as a contested case on June 28, 2007, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.  The respondent is a public agency within the meaning of §1-200(1), G.S.

 

2.  By letter of complaint filed March 5, 2007, the complainant appealed to the Commission alleging that the respondent denied his December 20, 2006 request for a state-wide motor vehicle grand list.

 

3.  It is found that the respondent, pursuant to the requirements of §14-163, G.S., annually furnishes to the tax assessors in each city and town a list containing the names and addresses of the owners of motor vehicles and snowmobiles residing in their respective cities and towns, as they appear by the records of the Department of Motor Vehicles, with a description of such vehicles.

 

4.  It is found that the respondent also maintains in its computer storage system a state-wide grand list of motor vehicles, which essentially combines all of the individual city and town lists provided to the tax assessors in each town.

 

5.  It is found that, by letter dated December 20, 2006, the complainant requested from the respondent an electronic copy of the 2006 regular motor vehicle grand list for the entire state of Connecticut (in addition to the list for the city provided pursuant to §14-163, G.S.).

 

6.  It is found that the respondent had in two previous years sold such a list to the complainant for $500.00.

 

7.  It is also found that the respondent has sold such a list to a private entity in Rhode Island, R.L. Polk, in connection with a motor vehicle recall program.

 

8.  It is found that the complainant sought the state-wide list to verify the residency (in cities and towns other than Bridgeport) of the registrants of motor vehicles parked within the city of Bridgeport, for the eventual purpose of collecting the city property taxes properly due on those vehicles, which taxes may be disputed or evaded by the registrants of the vehicles.

 

9.  It is found that the complainant seeks the personal information contained in the grand list, such as the name, address and date of birth of the registrant of the motor vehicle.

 

10.  It is found that, by letter dated February 16, 2007, the respondent denied the complainant’s request, because the Department of Motor Vehicles (“DMV”) had recently adopted a policy that it would no longer furnish a municipality with the assessor’s lists that were compiled for other towns.  The respondent’s change in policy was adopted in part because he believed that he could not restrict the redisclosure of such lists by the individual assessors, pursuant to Davis v. FOIC, 259 Conn. 45 (2002) (holding that state and federal restrictions on the disclosure by the respondent of driver information do not apply to the grand lists maintained by city and town tax assessors).

 

11.  Section 1-200(5), G.S., provides:

 

“Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

12.  Section 1-210(a), G.S., provides in relevant part:

 

Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. 

 

13.  Section 1-211(a), G.S., provides in relevant part:

 

Any public agency which maintains public records in a computer storage system shall provide, to any person making a request pursuant to the Freedom of Information Act, a copy of any nonexempt data contained in such records, properly identified, on paper, disk, tape or any other electronic storage device or medium requested by the person, if the agency can reasonably make such copy or have such copy made.  Except as otherwise provided by state statute, the cost for providing a copy of such data shall be in accordance with the provisions of section 1-212.

 

14.  It is found that the records requested by the complainant are public records within the meaning of §§1-200(5), 1-210(a) and 1-211(a), G.S.

 

15.  The respondent maintains that he is required by the Federal Drivers Privacy Protection Act, 18 U.S.C. §§2721, et seq., (hereinafter “FDPPA”), and permitted pursuant to §14-10, G.S., to withhold the personal information contained in the requested records.

 

16.  Section 2721(a) of the FDPPA provides in relevant part:

 

A State department of motor vehicles, and any officer, employee, or contractor thereof, shall not knowingly disclose or otherwise make available to any person or entity:

 

(1)   personal information, as defined in 18 U.S.C. 2725(3), about any individual obtained by the department in connection with a motor vehicle record, except as provided in subsection (b) of this section; or

 

(2)   highly restricted personal information, as defined in 18 U.S.C. 2725(4), about any individual obtained by the department in connection with a motor vehicle record, without the express consent of the person to whom such information applies ….

 

17.  Section 2723(b) of the FDDPA provides:

 

[a]ny State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more that $5,000 a day for each day of substantial noncompliance.

 

18.  Section 14-10(c)(2), G.S., provides in relevant part:

 

Before disclosing personal information pertaining to an applicant or registrant from such motor vehicle records or allowing the inspection of any such record containing such personal information in the course of any transaction conducted at such main office, the commissioner [of motor vehicles] shall ascertain whether such disclosure is authorized under subsection (f) of this section ….  The commissioner may disclose such personal information or permit the inspection of such record containing such information only if such disclosure is authorized under subsection (f) of this section.

 

19.  Section 14-10(d), G.S., provides in relevant part:

 

The commissioner [of motor vehicles] may disclose personal information from a motor vehicle record pertaining to an operator's license or a driving history or permit the inspection or copying of any such record or history containing such information in the course of any transaction conducted at the main office of the department only if such disclosure is authorized under subsection (f) of this section.

 

20.  Section 14-10(a)(3), G.S., defines personal information as:

 

… information that identifies an individual and includes an individual's photograph or computerized image, Social Security number, operator's license number, name, address other than the zip code, telephone number, or medical or disability information, but does not include information on motor vehicle accidents or violations, or information relative to the status of an operator's license, registration or insurance coverage ….

 

21.  Section 14-10(f), G.S., provides in relevant part:

    The commissioner [of motor vehicles] may disclose personal information from a motor vehicle record to: … (2) Any individual, organization or entity that signs and files with the commissioner, under penalty of false statement as provided in section 53a-157b, a statement on a form approved by the commissioner, together with such supporting documentation or information as the commissioner may require, that such information will be used for any of the following purposes: (A) In connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories  ….

22.  It is concluded that the FDPPA “regulates the disclosure of personal information contained in the records of state motor vehicle departments.” Reno v. Condon, 528 U.S. 141, 143, 120 S.Ct. 666, 145 L.Ed.2d 587 (2000).

 

23.  It is also concluded that the provisions of §14-10(c)(2), G.S., apply to personal information, as that term is defined in §14-10(3), G.S., contained in DMV records, and prohibit the commissioner of DMV from disclosing such personal information, except as provided in subsection (f).  See Docket #FIC 1999-097, Brennan v. Bridgeport, affirmed, Davis v. FOIC, 259 Conn. 45 (2002).

 

24.  It is also concluded that §14-10(f), G.S., an exception to §14-10(c)(2), G.S., permits, but does not require, the respondent to disclose personal information contained in the requested records under limited circumstances, such as to the entity described in paragraph 7, above.

 

25.  The complainant contends that the FDPPA is not applicable to this case, under Davis v. FOIC, above.

 

26.  However, it is concluded that Davis holds that the FDPPA is inapplicable to town assessors, not that it is inapplicable to the respondent.

 

27.  The complainant also contends that the stance of the respondent requires the complainant to deal with 168 separate cities and towns when the information is housed in one location, the DMV.

 

28.  However, it is concluded that the respondent’s position is consistent with state and federal law, and that the complainant is free to seek the requested information from individual city and town assessors.

 

29.  The complainant also contends that the respondent has waived any right to withhold the requested information because the respondent provided it to him in the past.

 

30.  It is found, however, that the respondent did not waive any right to withhold the requested information.

 

31.  The complainant additionally contends that the respondent withheld the information without investigating whether the complainant misused the information.

 

32.  It is concluded, however, that the respondent is not required under §14-10, G.S., to conduct any such investigation.

 

33.  It is concluded that the respondent did not violate §§1-210(a) and 1-211(a), G.S.

 

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1.  The complaint is dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 13, 2008.

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

 

Bill O’Brien, City Assessor,

City of Bridgeport

45 Lyon Terrace

Bridgeport, CT 06604

and c/o Russell D. Liskov, Esq.

Associate City Attorney

Office of the City Attorney

999 Broad Street, 2^nd floor

Bridgeport, CT 06604 

           

Commissioner, State of Connecticut,

Department of Motor Vehicles

c/o Charles H. Walsh, Esq.

Assistant Attorney General

55 Elm Street

3^rd Floor Annex

Hartford, CT 06106

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-135FD/paj/2/20/2008