Beyond the Flock cameras…
https://pogowasright.org/plaintiffs-bar-revs-up-claims-under-the-drivers-privacy-protection-act/
Plaintiffs’ Bar Revs Up Claims Under the Driver’s Privacy Protection Act
“License plate numbers themselves generally are not understood to be “personal information from a motor vehicle record” subject to the DPPA, but private companies using ALPR data may match license plates with DMV records to identify vehicle owners for parking, tolling, collection or enforcement-related notices, creating another use case in which DPPA risk may arise.”
Starr Turner Drum and Alexander S. Altman of Polsinelli PC write:
The plaintiffs’ bar is increasingly turning to a once-arcane, three-decade-old federal law regulating state departments of motor vehicles (DMVs) to pursue privacy claims against private businesses that collect, buy, sell or use vehicle- or driver-related data. For legal departments considering privacy-related risks, the Driver’s Privacy Protection Act (DPPA) is notably not limited to businesses that obtain records directly from state DMVs and can pose substantial class action litigation risk for a broad range of entities handling DMV-sourced data — even when the data is obtained through intermediaries. As a result, legal departments, privacy officers and compliance personnel are increasingly assessing how and why their companies process driver-related data and updating their privacy compliance programs to mitigate risk.
In this alert, we explain how the DPPA applies to downstream recipients of DMV-sourced information, highlight emerging litigation trends and outline practical steps businesses can take to assess compliance risk.
Read more at The National Law Review.
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