DMV DATA COULD BE LOST WITHOUT LOBBYING

Federal law, which gives states a chance to opt-out, severely restricts the information the press is able to obtain from drivers' records (of course, solicitors would still have access)

Time is running out for the media. Unless states act before September 1997, journalists may lose the ability to access valuable data maintained by departments of motor vehicles.

Under the terms of the federal Driver's Protection Act, signed into law in September 1994 and scheduled to go into effect in September 1997, DMVs are permitted to make personal information publicly accessible as long as drivers have the opportunity to prohibit disclosure.

Confused? It only gets better.

What remains open under the act will be information on vehicular accidents, driving violations and driver's status. But what is closed under the federal law will create newsroom chaos.

The federal law prohibits disclosure of personal information, including: photo, Social Security number, driver identification number, name, address, telephone number and medical or disability data.

Many groups won exemptions to the federal bill and will still enjoy access, including insurers, direct marketers, tow truck companies and private investigators.

Tell that to the public. It will usually make their blood boil once they find out they can still be solicited by salespeople at their homes during the dinner hour.

Media groups had opposed a special journalist exemption in the federal law.

How about hiring a private investigator to track down critical DMV information for the newsroom? Not a wise idea. There are both criminal and civil penalties if the information is redisclosed or republished. So the detective can get it, but you can't use it.

"One of the main problems is that the law is so poorly drafted, it has confused the hell out of state motor vehicle officials," said Robert Lystad, general counsel for the Society of Professional Journalists.

"They're not going to know what they can and cannot release. The grave danger is that state motor vehicle officials will close off all information to everyone for fear of violating the specific non-disclosure provisions."

Editors and reporters are justifiably confused. Many still don't know basic provisions of the act. They also aren't doing well in guaranteeing that these public records remain public.

New Mexico was one of the first states successful in lobbying for passage of an opt-out law. The keyword here: "lobby."

Bob Johnson, executive director of the New Mexico Foundation for Open Government, borrowed model state language from an SPJ conference for state sunshine chairs.

New Mexico senators felt that the federal law was to prevent stalking crimes, a similar red herring used by Congress.

"We pointed out that the way the federal bill was drafted, anybody could get the records including stalkers," he said. "We went to the DMV people and explained all the implications; excessive paperwork, redoing all their provisions. They agreed with us."

Once successfully amended, Johnson was able to make a persuasive argument to New Mexico's governor that the federal bill was like an unfunded mandate.

That hit the governor in his budget and the bill was signed into law.

The law allows public disclosure of DMV records unless motorists ask for confidentiality. The law wouldn't have happened without considerable advance work by the media, Johnson said.

While passing opt-out laws doesn't come without some investment of time by media groups, Johnson provides an easy-to follow primer.

First, he recommends that press groups do their homework before lawmaking begins. Start the education process early.

• Have a bill, and an amendment, ready to go.
• Persuade motor vehicle officials that opt-out laws are in their best interest.
• Take the public along to committee hearings so legislators don't think this is only a press bill.

Language of model state laws should stress public disclosure. They should let someone opt out for confidentiality, perhaps with check-off boxes on license renewals and registrations.

If states want to tackle these changes with rule making, some legislatures will have to authorize an agency to do so. In other states, administrative action may be all that is needed.

Many states have moved forward this year including Indiana and Iowa. Both have passed opt-out laws that will allow individuals to choose confidentiality.

As privacy concerns now drive policy debates, the only way to keep information open will be to lobby for sunshine laws. Several states already have laws that shut off access.

Don't let your state become another one.

Niederpruem, environmental reporter for the Indianapolis Star and News, is freedom of information chair for the Society of Professional Journalists.