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SB 6075 Disclosure of Vehicle Information

Background: The Pacific Northwest Association of Investigators (P.N.A.I) was established in 1947 to assist private investigators (PI’s) in their continuing professional education and to establish goals for PI professional conduct and behavior by mandating high standards of personal and professional conduct. This continues to be the primary mission of P.N.A.I. and its membership.

P.N.A.I. is committed to promote the well being of the profession by working in concert with other professional associations, the state Department of Licensing and state legislators to develop regulations and laws that enhance our profession and protect the public.

Relationship to the Department of Licensing (WDOL): Once licensed as a Private Investigation Agency Principal, the Individual Private Investigation agency may apply to WDOL to obtain an Internet Vehicle/Vessel Information Processing System (IVIPS) account, which allows WDOL approved PI’s to access vehicle and vessel information. An agreement between WDOL and qualified individual PI’s is maintained that allows access to the private investigator’s IVIPS account. The WDOL IVIPS contract restricts the use of vehicle information, for example:

31) PERMITTED USES AND DISCLOSURE

a) The records provided by WDOL shall be used and accessed ONLY for the limited purposes of carrying out activities pursuant to this Agreement as described herein. Contractor is responsible to ensure that no commercial use or variations of use are permitted.

b) Contractor shall limit the use and the disclosure of record(s) for:

Verifying registered and legal owner vehicle or vessel information, in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Including the service of process in counties for which the USER has obtained a permit, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court. USER or USER employees shall not provide screen prints of the IVIPS records to any clients, customers for any reason, even if the information is the clients, customer’s personal information. Clients and customers must apply for information through a public disclosure request to obtain their records from WDOL. Providing a screen print may result in termination of this Agreement.

36) PROHIBITED USE OF INFORMATION

Unless otherwise required by law, any personal vehicle/vessel owner information or any part thereof received through this Agreement by the Contractor or its Users shall not:

a) Be furnished to any person, association, or organization for any private, personal or Commercial Purpose without prior written approval from WDOL.

b) Be disclosed, sold, published, or otherwise distributed for commercial, for personal or private use, shall not be used for mailing purposes, or to make unsolicited business contacts for any reason.

c) Make false representation to obtain any Personal Information from an individual vehicle/vessel record from WDOL.

The department may review the activities of a person who receives vehicle record information to ensure compliance with the limitations imposed on the use of the information. The department shall suspend or revoke for up to five years the privilege of obtaining vehicle record information of a person found to be in violation of chapter 42.56 RCW, this chapter, or a disclosure agreement executed with the department.
(2) In addition to the penalty in subsection (1) of this section:
(a) The unauthorized disclosure of information from a department vehicle record; or
(b) The use of a false representation to obtain information from the department's vehicle records; or
(c) The use of information obtained from the department vehicle records for a purpose other than what is stated in the request for information or in the disclosure agreement executed with the department; or
(d) The sale or other distribution of any vehicle owner name or address to another person not disclosed in the request or disclosure agreement is a gross misdemeanor punishable by a fine not to exceed ten thousand dollars, or by imprisonment in a county jail for up to three hundred sixty-four days, or by both such fine and imprisonment for each violation.

This protection of information is also covered under U.S.CODE TITLE 18, PART 1, CHAPTER 123, 2721: PROHIBTION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS.

Problem Statement: By providing this notification as provided in RCW 46.12.635(4), the health and safety of PI’s is put in jeopardy. Many times disgruntled individuals have contacted and located PI’s because of this notification procedure. Many PI’s are also female who are placed in jeopardy when a subject is notified and become disgruntled. With the current additional laws protecting the disclosure of information, the notification does not appear to serve any useful public safety purpose.

Solution: Remove the WDOL notification requirement so that qualified approved Private Investigators can access Vehicle/Vessel information without jeopardizing a case or the health and safety of PI’s. Additionally, WDOL would realize a cost-savings by eliminating unnecessary notification expense.