DMV Access

SB 262 (Highlights)

Individual Reference Services Group ( I.R.S.G.)
 
DMV Access
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Effective November 1, 1998 the Department of Motor Vehicles will no longer release address information to private investigators or process servers. This move was an internal DMV decision and the issue was not opened for public debate. The California Association of Licensed Investigators is working to have this ruling changed to allow investigators to continue to obtain address information when the proper access purpose is established.

Clearly, the trend of our government is to limit access to public information.

Capital City Investigations continues to work hard to maintain legal information sources that allow us to locate people and information for our clients. It is our job...it's just the government is making it more difficult.
 
SB 262 (Highlights)
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This bill provides that a person is liable, as specified, for a physical invasion of privacy when the defendant knowingly committed an act of trespass in order to physically invade the privacy of the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity, as specified and the physical invasion occurs in a manner that is offensive to a reasonable person. The bill would also provide that a person is liable, as specified, for a constructive invasion of privacy when the defendant attempted to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy, through the use of a visual or auditory device if the image, recording, or other physical impression could not have been captured without an act of trespass unless a visual or auditory enhancing device was used.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

Section 1. Section 1708.8 is added to the Civil code, to read:

1708.8 (a) A person is liable for physical invasion of privacy when the defendant knowingly enters onto the land of another without permission or otherwise committed a trespass, in order to physically invade the privacy of the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity and the physical invasion occurs in a manner that is offensive to a reasonable person.

(b) A person is liable for constructive invasion of privacy when the defendant attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used.

(c) A person who commits physical invasion of privacy or constructive invasion of privacy, or both, is liable for up to three times the amount of any general and special damages that are proximately caused by the violation of this section. This person may also be liable for punitive damages, subject to proof according to Section 3294. If the plaintiff proves that the invasion of privacy was committed for a commercial purpose, the defendant shall also be subject to disgorgement to the plaintiff of any proceeds or other consideration obtained as a result of the violation of this section.

(d) A person who directs, solicits, actually induces, or actually causes another person, regardless of whether there is an employer-employee relationship, to violate subdivision (a) or (b) or both is liable for any general, special and consequential damages resulting from each said violation. In addition, the person that directs, solicits, instigates, induces, or otherwise causes another person, regardless of whether there is an employer-employee relationship, to violate this section shall be liable for punitive damages to the extent that an employer would be subject to punitive damages pursuant to subdivision (b) of Section 3294
 
Individual Reference Services Group ( I.R.S.G.)
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In 1997, 13 leading information companies formed the Individual Reference Services Group ("IRSG"). Working closely together with the Federal Trade Commission, the IRSG adopted self-regulatory principles (the "IRSG Principles") which govern the dissemination and use of data that help identify, verify and locate individuals. Effective December 31, 1998, the IRSG Principles will impose significant restrictions on the access and distribution of non-public information. In particular, IRSG members have agreed to restrictions on the dissemination of social security numbers, dates of birth and minor information obtained from non-public sources. Each IRSG member will be subject to yearly compliance reviews by an independent third party to insure compliance with the IRSG Principles. Any company that obtains information from these suppliers and that fails to comply with the IRSG Principles risks losing access to such data.