Privacy Act Governing the Release of Motor Vehicle Driving History and License Records
DE Driver Privacy Act
Government records · Other
Delaware's counterpart to the federal Driver's Privacy Protection Act limits disclosure of personal information in DMV records to listed permissible uses, binds private recipients who resell or redisclose it, and lets individuals ask for added confidentiality of their address, phone number, and SSN. Misuse is a crime and gives the affected person a civil claim.
- Where
- Delaware
- Citation
- 21 Del. C. § 305
- Status
- In force
- Enforced by
- Criminal prosecution by the State; civil actions by the individual (305(n)-(o))
- People can sue
- Yes
- Penalties
- Knowing violations and false statements to obtain restricted records are class A misdemeanors (305(n)); a person who knowingly obtains, discloses, or uses record data for an impermissible purpose is liable for actual damages of at least $2,500, punitive damages for wilful or reckless disregard, and attorney fees (305(o)).
- Applies to
- The Division of Motor Vehicles and its contractors, and any other person or business that obtains, uses, resells, or rediscloses personal information from Delaware motor vehicle records (305(a), (h), (k), (m))
Practices it requires
- Obtain, use, and redisclose personal information from Delaware motor vehicle records only for a permissible use listed in the statute.21 Del. C. § 305(b), (k)(1), (m)(1)
- Electronic recipients of DMV records must sign contracts acknowledging responsibility to protect the personal information.21 Del. C. § 305(h)
Other duties
- Authorized recipients who resell or redisclose motor vehicle record information must keep records of what was obtained and the permitted use for at least 5 years and make them available to the Department.21 Del. C. § 305(k)(3)
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Enactment and latest amendment dates (latest cited session law 84 Del. Laws c. 42) were not confirmed from session laws.
Research reference, not legal advice.