Clarifies circumstances under which licensed private detectives gain access to personal information stored with New Jersey Motor Vehicle Commission.

A1596

ASSEMBLY, No. 1596

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Clarifies circumstances under which� licensed private
detectives gain access to personal information stored with New Jersey Motor
Vehicle Commission.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning access of licensed private detectives to
certain personal information and amending P.L.1997, c.188.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 2 of P.L.1997,
c.188 (C.39:2-3.4) is amended to read as follows:

���� 2.��� a. Notwithstanding the
provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) or any other law to the
contrary, except as provided in this act, the New Jersey Motor Vehicle
Commission and any officer, employee or contractor thereof shall not knowingly
disclose or otherwise make available to any person personal information about
any individual obtained by the commission in connection with a motor vehicle
record.

���� b.��� A person requesting a
motor vehicle record including personal information shall produce proper
identification and shall complete and submit a written request form provided by
the chief administrator for the commission's approval. The written request form
shall bear notice that the making of false statements therein is punishable and
shall include, but not be limited to, the requestor's name and address; the
requestor's driver's license number or corporate identification number; the
requestor's reason for requesting the record; the driver's license number or
the name, address and birth date of the person whose driver record is
requested; the license plate number or VIN number of the vehicle for which a
record is requested; any additional information determined by the chief
administrator to be appropriate and the requestor's certification as to the
truth of the foregoing statements. Prior to the approval of the written request
form, the commission may also require the requestor to submit documentary
evidence supporting the reason for the request.

���� In lieu of completing a
written request form for each record requested, the commission may permit a
person to complete and submit for approval of the chief administrator or the
chief administrator's designee, on a case by case basis, a written application
form for participation in a public information program on an ongoing basis. The
written application form shall bear notice that the making of false statements
therein is punishable and shall include, but not be limited to, the applicant's
name, address and telephone number; the nature of the applicant's business
activity; a description of each of the applicant's intended uses of the
information contained in the motor vehicle records to be requested; the number
of employees with access to the information; the name, title, and signature of
the authorized company representative; and any additional information
determined by the chief administrator to be appropriate. The chief
administrator may also require the applicant to submit a copy of its business
credentials, such as a license to do business or a certificate of
incorporation. Prior to approval by the chief administrator or the chief
administrator's designee, the applicant shall certify in writing as to the
truth of all statements contained in the completed application form.

���� c.���� Personal information
shall be disclosed for use in connection with matters of motor vehicle or
driver safety and theft; motor vehicle emissions; motor vehicle product
alterations, recalls or advisories; performance monitoring of motor vehicles
and dealers by motor vehicle manufacturers; maintenance of voter registration
information; and removal of non-owner records from the original owner records
of motor vehicle manufacturers to carry out the purposes of the Automobile
Information Disclosure Act, Pub.L.85-506, the Motor Vehicle Information and
Cost Saving Act, Pub.L.92-513, the National Traffic and Motor Vehicle Safety
Act of 1966, Pub.L.89-563, the Anti-Car Theft Act of 1992, Pub.L.102-519, and
the Clean Air Act, Pub.L.88-206, and may be disclosed as follows:

���� (1)�� For use by any
government agency, including any court or law enforcement agency in carrying
out its functions, or any private person or entity acting on behalf of a
federal, State, or local agency in carrying out its functions.

���� (2)�� For use in connection
with matters of motor vehicle or driver safety and theft; motor vehicle
emissions; motor vehicle product alterations, recalls, or advisories;
performance monitoring of motor vehicles, motor vehicle parts and dealers;
motor vehicle market research activities, including survey research; and the
removal of non-owner records from the original owner records of motor vehicle
manufacturers.

���� (3)�� For use in the normal
course of business by a legitimate business or its agents, employees, or
contractors, but only:

���� (a)�� to verify the accuracy
of personal information submitted by the individual to the business or its
agents, employees, or contractors; and

���� (b)�� if such information as
so submitted is not correct or is no longer correct, to obtain the correct
information, but only for the purposes of preventing fraud by, pursuing legal
remedies against, or recovering on a debt or security interest against the individual.

���� (4)�� For use 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
service of process, 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.

����
(a)�� For private
detectives operating in this State and licensed pursuant to P.L.1939, c.369
(C.45:19-8 et seq.), a request for personal information submitted for the
purposes of paragraph (4) of subsection b. of this section shall be fulfilled,
whether that request is received through the Customer Abstract Information
Retrieval program, another public information program, or an electronic or
hardcopy document, provided that the private detective submits the information
necessary and as required by the commission to fulfill the request.

����
(b)�� The personal
information requested for the purposes of paragraph (4) of subsection b. of
this section by a licensed private detective operating in this State shall be
provided regardless of whether litigation is imminent or foreseeable, or the
party employing the private detective and seeking the personal information made
the request for the information to prepare a claim or defend against a probable
claim.

���� (5)�� For use in educational
initiatives, research activities, and for use in producing statistical reports,
so long as the personal information is not published, redisclosed, or used to
contact individuals and, in the case of educational initiatives, only to organ
procurement organizations as aggregated, non-identifying information.

���� (6)�� For use by any insurer
or insurance support organization, or by a self-insured entity, or its agents,
employees, or contractors, in connection with claims investigation activities,
antifraud activities, rating or underwriting.

���� (7)�� For use in providing
notice to the owners of towed or impounded vehicles.

���� (8)�� For use by an employer
or its agent or insurer to obtain or verify information relating to a holder of
a commercial driver's license that is required under the "Commercial Motor
Vehicle Safety Act," 49 U.S.C.App.s.2710 et seq.

���� (9)�� For use in connection
with the operation of private toll transportation facilities.

���� (10) For use by any requestor,
if the requestor demonstrates it has obtained the notarized written consent of
the individual to whom the information pertains.

���� (11) For product and service
mail communications from automotive-related manufacturers, dealers and
businesses, if the commission has implemented methods and procedures to ensure
that:

���� (a)�� individuals are provided
an opportunity, in a clear and conspicuous manner, to prohibit such uses; and

���� (b)�� product and service mail
communications from automotive-related manufacturers, dealers and businesses
will not be directed at individuals who exercise their option under
subparagraph (a) of this paragraph.

���� (12) For use by an organ
procurement organization designated pursuant to 42 U.S.C. s.1320b-8 to serve in
the State of New Jersey, or any donor registry established by any such
organization, exclusively for the purposes of determining, verifying, and recording
organ and tissue donor designation and identity. For these purposes, an organ
procurement organization shall have electronic access at all times, without
exception, to real-time organ donor designation and identification information.
An organ procurement organization may also have information for research
activities, pursuant to paragraph (5) of subsection c. of this section.

���� (13) As provided in section 2
of P.L.2021, c.139 (C. 39:2-3.9).

���� d.��� As provided by the
federal "Drivers' Privacy Protection Act of 1994," Pub.L.103-322, a
person authorized to receive personal information under paragraphs (1) through
(10) of subsection c. of this section may resell or redisclose the personal information
only for a use permitted by paragraphs (1) through (10) of subsection c. of
this section subject to regulation by the commission. A person authorized to
receive personal information under paragraph (11) of subsection c. of this
section may resell or redisclose the personal information pursuant to paragraph
(11) of subsection c. of this section subject to regulation by the commission.
An organization authorized to receive personal information under paragraph (12)
of subsection c. of this section may redisclose the personal information only
for the purposes set forth in that paragraph.

���� e.���� As provided by the
federal "Drivers' Privacy Protection Act of 1994," Pub.L.103-322, a
person authorized to receive personal information under this section who
resells or rediscloses personal information covered by the provisions of
P.L.1997, c.188 (C.39:2-3.3 et seq.) shall keep for a period of five years
records identifying each person or entity that receives information and the
permitted purpose for which the information will be used and shall make such
records available to the commission upon request. Any person who receives, from
any source, personal information from a motor vehicle record shall release or
disclose that information only in accordance with P.L.1997, c.188 (C.39:2-3.3
et seq.).

���� f.���� The release of personal
information under this section shall not include an individual's social
security number except in accordance with applicable State or federal law.

���� g.��� Notwithstanding any
provision to the contrary, the commission shall not use, or disclose to any
federal, State, or local law enforcement any motor vehicle record containing
personal information, or any personal information, as this term is defined in
section 1 of P.L.1997, c.188 (C.39:2-3.3), for any purposes related to Title 8
of the United States Code without the informed consent of the applicant, a
warrant signed by a State or federal judge, lawful court order, or subpoena,
except that nothing in this section shall be construed to prohibit, or in any
way restrict, any action where such prohibition or restriction would be
contrary to federal law.

���� When responding to a warrant,
court order, or subpoena, the commission may disclose only those records or
information specifically requested in the warrant, court order, or subpoena.

(cf: P.L. 2021, c.139, s.3)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill clarifies that a
private detective operating a business in New Jersey and properly licensed in
the State is to be granted access to personal information, as defined pursuant
to P.L.1997, c.188 (C.39:2-3.3 et seq.), for use 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 service of
process, 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.� The bill provides that access is to be granted under
the following circumstances: 1) so long as the private detective submits the
information necessary and as required by the commission to fulfill a request,
and 2) regardless of whether litigation is imminent or foreseeable, or the
party employing the private detective and seeking the personal information made
the request for the information to prepare a claim or defend against a probable
claim. This includes requests made by private detectives for personal
information through the Customer Abstract Information Retrieval program, other
public information program, or electronic or hardcopy document.