Is It Legal To Obtain The MVR’s Of Your Employees?
1/15/2010 2:12:07 PM
Employers frequently require their workers to drive on company business. For some firms, driving may be the major part of employees’ jobs for others it may merely an incidental but necessary part of their jobs. Employers who require their employees to drive at all take the risk that their workers will become involved in an automobile accident. Therefore, they need to verify that their employees are safe drivers.
Employers can get a good picture of how their employees behave on the road by reviewing their motor vehicle records (MVR). However, there are pitfalls to doing this and it’s important to understand the boundaries set by federal and state laws.
Congress enacted the Driver’s Privacy Protection Act (DPPA) of 1994 to restrict access to personal information that may appear on an individual’s driving record. Personal information is anything that can identify a person, such as a name, photograph, Social Security number, phone number, address, or similar information. The law allows a motor vehicle bureau to release the record, including personal information, to anyone who has a permissible use.
A Bureau can release information to a business under one of these three circumstances:
1. The information will be used in the normal course of business to verify the accuracy of personal information provided
2. To obtain information related to the holder of a commercial drivers license
3. If written consent can be shown
Some employers ask their insurance agents to obtain employees’ driving records. The DPPA permits agents to order these records for insurance purposes and allows the agent to share the information with the employer provided that employer can show written permission from the employee
Businesses have a legitimate need for some information about how their employees drive. Employees have an equally legitimate concern about who will see their information and how it will be used. These laws attempt to balance business needs and employee privacy rights. All employers should familiarize themselves with these laws and state laws that may restrict their access to personal information.
At SteelBridge Insurance Services we feel it is important to keep our clients well informed about the risks they face, insurable or not. For more information on this article or Business Insurance in general please call us at 800-900-1068.
Employers can get a good picture of how their employees behave on the road by reviewing their motor vehicle records (MVR). However, there are pitfalls to doing this and it’s important to understand the boundaries set by federal and state laws.
Congress enacted the Driver’s Privacy Protection Act (DPPA) of 1994 to restrict access to personal information that may appear on an individual’s driving record. Personal information is anything that can identify a person, such as a name, photograph, Social Security number, phone number, address, or similar information. The law allows a motor vehicle bureau to release the record, including personal information, to anyone who has a permissible use.
A Bureau can release information to a business under one of these three circumstances:
1. The information will be used in the normal course of business to verify the accuracy of personal information provided
2. To obtain information related to the holder of a commercial drivers license
3. If written consent can be shown
Some employers ask their insurance agents to obtain employees’ driving records. The DPPA permits agents to order these records for insurance purposes and allows the agent to share the information with the employer provided that employer can show written permission from the employee
Businesses have a legitimate need for some information about how their employees drive. Employees have an equally legitimate concern about who will see their information and how it will be used. These laws attempt to balance business needs and employee privacy rights. All employers should familiarize themselves with these laws and state laws that may restrict their access to personal information.
At SteelBridge Insurance Services we feel it is important to keep our clients well informed about the risks they face, insurable or not. For more information on this article or Business Insurance in general please call us at 800-900-1068.
