Vincent Lucas v. Tricia Moore, et al.
Takings Privacy
Is the scope of the disclosure relevant?
QUESTIONS PRESENTED The Driver’s Privacy Protection Act (“DPPA”), 18 U.S.C. §§2721-2725, prohibits the disclosure of “personal information” and “highly restricted personal information” from a motor vehicle record. However, because the government sometimes has a legitimate need to disclose such information, the DPPA contains government use and litigation use exceptions. 1. Is the scope of the disclosure relevant? Was the District Court and Sixth Circuit correct that if the government is justified in disclosing highly restricted personal information to just one person, the government may disclose the information to the entire world, or was the Seventh Circuit correct that the government must not “exceed the scope” of its statutory authorization? ; Specifically, may a prosecutor, in a minor misdemeanor traffic case, release to the public a motor vehicle record that contains the driver’s Social Security Number (SSN) and other “highly restricted personal information” when the prosecutor has no genuine use for making the SSN and other DPPA: privileged personal information available to the public? 2. Is the Seventh Circuit correct that when the government use exception is asserted, the court must do a balancing test to weigh the disclosure’s “utility” to the government “against the potential harm” to the driver, or is the Sixth Circuit correct that no balancing test should be used? 3. Congress enacted the DPPA in order to stop criminals from obtaining personal information from a motor vehicle record. Should criminals be able to circumvent the DPPA by obtaining personal information that originates from a motor vehicle ii record using a court website instead of from a department of motor vehicles? ;