Section 761.611.4. Requirements and procedures.

Notwithstanding Iowa Code chapter 22 and 761—Chapter 4, the following procedures implement the Driver’s Privacy Protection Act and Iowa Code section 321.11 as they pertain to driver’s license records and nonoperator’s identification card records. The department does not provide the waiver procedure described in the Driver’s Privacy Protection Act (codified as Sec.   2721(d)).

       611.4(1) The department may require a person who requests personal information about an individual to:

        a.           Submit the request in writing.

        b.           Provide proof of identity and authority to secure access to the information.

        c.           Sign a certified statement or affidavit listing the specific reasons justifying access to the information and provide any proof necessary to establish relevant facts.

       611.4(2) Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” must be completed by an applicant and approved by the department before the department may disclose personal information to the applicant without the express written consent of the individual to whom such information applies. On the form, the applicant shall indicate the provision of law that allows the release of personal information to that applicant. For the purpose of this subrule, “applicant” means a person who is not an authorized employee of the department.

       611.4(3) An individual’s signature on the document providing express written consent allowing disclosure of the individual’s personal information to another person must be notarized.

[ARC 7902B, IAB 7/1/09, effective 8/5/09]