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Sen. Bill Nelson calls for federal investigation into Florida sale of DMV information

WASHINGTON — The Florida Department of Highway Safety and Motor Vehicles has the sold personal information of 15 million residents to private companies for more than $150 million over the last two years.

U.S. Sen. Bill Nelson has called the practice into question and has asked for a federal investigation into whether the practice violates the Driver’s Privacy Protection Act.

The act, passed by Congress in 1994, was intended to address concerns about states’ use of driver’s records.

The law allows states to sell the information in some cases, but not for marketing purposes unless the individual has given express consent, Nelson said in a news release.

Channel 9's Racquel Asa recently exposed the practice when she updated her vehicle title and started to receive multiple official-looking notices saying that her car warranty was about to expire.

The Florida Highway Safety and Motor Vehicle office told Eyewitness News that seven vendors had access to Asa’s updated title information.

A spokesperson told Eyewitness News that the vendors pay the state to access people’s information because they have agreements to use the information only for things like recalls, thefts or owner location.

But after Eyewitness News sent the mailings that Asa received, FLHSMV said it was contacting the vendors to find out if Asa’s information was sold to anyone else.

“I hate this stuff because it looks so official,” said Orange County tax collector Scott Randolph. “It’s disturbing. I think it’s very bad because people expect government to keep their information private.”

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According to Nelson, the state has sold drivers’ information to 75 companies in the last two years, causing concern that individuals’ personal information could be used in illicit ways.

“In this new era, when identity thieves are causing real damage to millions of hardworking families, the fact that the state is making a profit by selling Floridians’ personal information on the open market is simply unconscionable,” he said.

Nelson on Friday sent a letter to Attorney General Loretta Lynch asking the U.S. Department of Justice to investigate the practice.

The following is the full text of Nelson’s letter:

Dear Attorney General Lynch,

I am concerned that the State of Florida may be violating the Driver's Privacy Protection Act of 1994 (18 U.S. Code § 2721) by selling the personal information of more than 15 million licensed drivers in Florida without their express consent.

The Driver's Privacy Protection Act of 1994 was enacted to protect Americans’ personal information after the brutal murder of Rebecca Schaeffer, a 21-year old actress who was brutally shot and killed in 1989 by a fan who tracked her down using her California driver registration records. In an attempt to limit the disclosure of such information, the act now prevents a state from selling someone’s personal information to a private company for marketing purposes without their express consent.

In this new era, when identity thieves are causing real damage to millions of hardworking families, the fact that the state is making a profit by selling Floridians’ personal information on the open market is simply unconscionable. I ask that your agency investigate whether the State of Florida is fully adhering to the intent of the law, as any deviation could be severely harmful to the millions of people who trusted the state to keep their information safe.

I appreciate your immediate attention to this matter.

Sincerely, Bill Nelson

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