(a) Offenses defined.--It is unlawful for:
(1) Any police officer, or any officer, employee or agent of any Commonwealth agency or local authority which makes or receives records or reports required to be filed under this title to sell, publish or disclose or offer to sell, publish or disclose records or reports which relate to the driving record of any person.
(2) Any person to purchase, secure or procure or offer to purchase, secure or procure records or reports described in paragraph (1).
(b) Exceptions.--This section does not apply to records or reports:
(1) Required or authorized under this title to be sold, published or disclosed.
(2) Authorized in writing by the person who is the subject of the record or report to be sold, published or disclosed. A police officer, or officer, employee or agent of a Commonwealth agency or local authority may rely on a certification from a person requesting a record or report under this paragraph that its sale, publication or disclosure has been authorized by the person who is the subject of the record or report. In the event such sale, publication or disclosure shall not have been authorized, the person who made the false certification, rather than the police officer or officer, employee or agent of the Commonwealth agency or local authority, shall be guilty of the offense defined by this section.
(3) Required to be released by order of court.
(4) Authorized by departmental regulation to be sold, published or disclosed to any Federal, State or local governmental agency for the sole purpose of exercising a legitimate governmental function or duty. Such records or reports shall not be resold, published or disclosed by the receiving agency for any commercial purpose nor without prior departmental approval.
(4.1) Of a constituent released to a member of Congress or of the General Assembly or to an employee of a member of Congress or of the General Assembly. Under this paragraph, records or reports may not be sold, published or disclosed by the member or the employee for any commercial purpose without prior approval by the department.
(5) Purchased by a person who, in compliance with the Fair Credit Reporting Act (84 Stat. 1127-1136, 15 U.S.C. ยง 1601 et seq.), has filed with the department an affidavit, in form acceptable to the department, certifying the intended use of said record or reports.
(6) Obtained in any form, including computer access, by a messenger service which has filed an affidavit of intended use with the department and which maintains on file at its office of record an authorization in writing by the person who is the subject of the obtained record or report. The authorizations are subject to inspection by the department and shall be retained for a period of two years. The records or reports may not be accessed, sold, published or disclosed by the messenger service for any commercial purpose except the filed intended use without prior approval by the department.
(c) Penalty.--Any offense under this section is a summary offense punishable by a fine of not less than $500 nor more than $1,000.
(d) Additional requirement.--Notwithstanding any other provision of this section, in the case of a driver under 18 years of age, the department shall notify the parent or guardian of the minor licensee, at the address of record of the minor, of any convictions recorded against the minor's record or any action to suspend or revoke the minor's operating privilege. Failure of the person to receive the notice shall not prevent the action taken by the department.
(Apr. 29, 1993, P.L.3, No.3, eff. imd.; June 25, 1999, P.L.164, No.23, eff. 180 days; Oct. 4, 2002, P.L.845, No.123, eff. 60 days)
2002 Amendment. Act 123 amended subsec. (c).
1999 Amendment. Act 23 added subsec. (d).
1993 Amendment. Act 3 added subsec. (b)(4.1) and (6).
Cross References. Section 6114 is referred to in section 1955 of this title; section 8619 of Title 20 (Decedents, Estates and Fiduciaries).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 61 - Powers of Department and Local Authorities
Section 6101 - Applicability and uniformity of title
Section 6102 - Powers and duties of department and local authorities
Section 6103 - Promulgation of rules and regulations by department
Section 6104 - Administrative duties of department
Section 6105 - Department to prescribe traffic and engineering investigations
Section 6105.1 - Designation of highway safety corridors
Section 6105.2 - Designation of litter enforcement corridors
Section 6106 - Designation of emergency vehicles by Pennsylvania State Police
Section 6107 - Designation of authorized vehicles by department
Section 6108 - Power of Governor during emergency
Section 6109 - Specific powers of department and local authorities
Section 6110 - Regulation of traffic on Pennsylvania Turnpike
Section 6111 - Regulation of traffic on bridges under authority of interstate commissions
Section 6112 - Removal of traffic hazards by property owner
Section 6113 - Control of public travel on private property by owner
Section 6114 - Limitation on sale, publication and disclosure of records
Section 6115 - Emergency telephones along Pennsylvania Turnpike
Section 6116 - Payment by credit or debit card
Section 6117 - Authority of qualified employees of department and Department of Revenue
Section 6118 - Municipal police officer education and training
Section 6119 - Removal of dead deer
Section 6121 - Uniform system of traffic-control devices
Section 6122 - Authority to erect traffic-control devices
Section 6123 - Erection of traffic-control devices while working
Section 6123.1 - Mandatory traffic-control devices in highway work zones
Section 6124 - Erection of traffic-control devices at intersections
Section 6125 - Display of unauthorized signs, signals or markings
Section 6126 - Interference with devices, signs or signals
Section 6127 - Dealing in nonconforming traffic-control devices
Section 6128 - Dealing in official traffic-control devices or bridge parts
Section 6129 - Maintenance of pedestrian crosswalks in school zones
Section 6141 - Declaration of policy
Section 6142 - Reciprocity agreements, arrangements and declarations authorized
Section 6143 - Benefits, privileges and exemptions from taxes and fees
Section 6144 - Vehicle registration and licensing
Section 6145 - Proportional registration of fleet vehicles
Section 6146 - Enforcement agreements
Section 6146.1 - Multijurisdictional permit agreement
Section 6147 - Declaration of reciprocity in absence of agreement
Section 6148 - Applicability to leased vehicles
Section 6149 - Automatic reciprocity
Section 6150 - Proportional registration not exclusive
Section 6151 - Suspension of reciprocity benefits
Section 6152 - Form, publication and distribution of documents