Page:United States Statutes at Large Volume 108 Part 3.djvu/349

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PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 2101 "(13) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains. "(14) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety. "(c) RESALE OR REDISCLOSURE. —An authorized recipient of personal information (except a recipient under subsection (b)(ll) or (12)) may resell or redisclose the information only for a use permitted under subsection (b) (but not for uses under subsection (b) (11) or (12)). An authorized recipient under subsection (b)(ll) may resell or redisclose personal information for any purpose. An authorized recipient under subsection (b)(12) may resell or redisclose personal information pursuant to subsection (b)(l2). Any authorized recipient (except a recipient under subsection (b)(lD) that resells or rediscloses personal information covered by this title must keep for a period of 5 years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and must make such records available to the motor vehicle department upon request. "(d) WAIVER PROCEDURES. — ^A State motor vehicle department may establish and carry out procedures under which the department or its agents, upon receiving a request for personal information that does not fall within one of the exceptions in subsection (b), may mail a copy of the request to the individual about whom the information was requested, informing such individual of the request, together with a statement to the effect that the information will not be released unless the individual waives such individual's . right to privacy under this section. " *§ 2722. Additional unlawful acts "(a) PROCUREMENT FOR UNLAWFUL PURPOSE.—I t shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title. "(b) FALSE REPRESENTATION. —I t shall be unlawful for any person to make false representation to obtain any personal information from an individual's motor vehicle record. "*§ 2723. Penalties "(a) CRIMINAL FINE. —^A person who knowingly violates this chapter shall be fined under this title. "(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES. — Any State department of motor vehicles that has a policv or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance. §2724. Civil action "(a) CAUSE OF ACTION. — A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court;. " (b) REMEDIES.— The court may award— "(1) actual damages, but not less than liquidated damages in the amount of $2,500;