6114 - Limitation on sale, publication and disclosure of records.
§ 6114. Limitation on sale, publication and disclosure of records. (a) Offenses defined.--It is unlawful for: (1) Any police officer, or any officer, employee or agent of any Commonwealth agency or local authority which makes or receives records or reports required to be filed under this title to sell, publish or disclose or offer to sell, publish or disclose records or reports which relate to the driving record of any person. (2) Any person to purchase, secure or procure or offer to purchase, secure or procure records or reports described in paragraph (1). (b) Exceptions.--This section does not apply to records or reports: (1) Required or authorized under this title to be sold, published or disclosed. (2) Authorized in writing by the person who is the subject of the record or report to be sold, published or disclosed. A police officer, or officer, employee or agent of a Commonwealth agency or local authority may rely on a certification from a person requesting a record or report under this paragraph that its sale, publication or disclosure has been authorized by the person who is the subject of the record or report. In the event such sale, publication or disclosure shall not have been authorized, the person who made the false certification, rather than the police officer or officer, employee or agent of the Commonwealth agency or local authority, shall be guilty of the offense defined by this section. (3) Required to be released by order of court. (4) Authorized by departmental regulation to be sold, published or disclosed to any Federal, State or local governmental agency for the sole purpose of exercising a legitimate governmental function or duty. Such records or reports shall not be resold, published or disclosed by the receiving agency for any commercial purpose nor without prior departmental approval. (4.1) Of a constituent released to a member of Congress or of the General Assembly or to an employee of a member of Congress or of the General Assembly. Under this paragraph, records or reports may not be sold, published or disclosed by the member or the employee for any commercial purpose without prior approval by the department. (5) Purchased by a person who, in compliance with the Fair Credit Reporting Act (84 Stat. 1127-1136, 15 U.S.C. § 1601 et seq.), has filed with the department an affidavit, in form acceptable to the department, certifying the intended use of said record or reports. (6) Obtained in any form, including computer access, by a messenger service which has filed an affidavit of intended use with the department and which maintains on file at its office of record an authorization in writing by the person who is the subject of the obtained record or report. The authorizations are subject to inspection by the department and shall be retained for a period of two years. The records or reports may not be accessed, sold, published or disclosed by the messenger service for any commercial purpose except the filed intended use without prior approval by the department. (c) Penalty.--Any offense under this section is a summary offense punishable by a fine of not less than $500 nor more than $1,000. (d) Additional requirement.--Notwithstanding any other provision of this section, in the case of a driver under 18 years of age, the department shall notify the parent or guardian of the minor licensee, at the address of record of the minor, of any convictions recorded against the minor's record or any action to suspend or revoke the minor's operating privilege. Failure of the person to receive the notice shall not prevent the action taken by the department. (Apr. 29, 1993, P.L.3, No.3, eff. imd.; June 25, 1999, P.L.164, No.23, eff. 180 days; Oct. 4, 2002, P.L.845, No.123, eff. 60 days) 2002 Amendment. Act 123 amended subsec. (c). 1999 Amendment. Act 23 added subsec. (d). 1993 Amendment. Act 3 added subsec. (b)(4.1) and (6). Cross References. Section 6114 is referred to in section 8619 of Title 20 (Decedents, Estates and Fiduciaries).