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Miscellaneous

: PI buzz

Wisconsin motor vehicle records can be public records

By PI Magazine (Tamara Thompson and Rosemarie Mesis)

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Law enforcement agencies may release motor vehicle reports that they obtained in the course of an investigation in response to a public records request, according to an opinion issued by the Wisconsin Attorney General.

Van Hollen reasoned that the DPPA identifies certain permissible uses for which a state motor vehicle department (a “DMV”) may disclose specified personal information from motor vehicle records. It is a permissible use for a DMV to disclose personal information “[f]or use by any government agency, including any court or law enforcement agency in carrying out its functions . . ..”

Van Hollen further reasoned that the Wisconsin Public Records Law imposes a statutory duty on law enforcement agencies to respond to public records requests. In the course of carrying out its functions, including responding to public records requests, a law enforcement agency therefore may disclose personal information obtained from a DMV that is included in law enforcement agency records responsive to such requests.

Some personal information may be redacted, as specified in other laws.

Full post as published by PI buzz on May 26, 2008 (boomark / email).