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Privacy Issues and Opting-Out

Have you ever wondered what happens to the personal information held by insurance companies, credit organizations and government agencies, and how or if it can be distributed? Out of curiosity, and the desire to opt-out of having our personal information sold when possible, we did a little bit of research.

California Department of Motor Vehicles: The DMV collects various bits of personal information about us, such as name, age, sex, mailing address, residential address and social security numbers prior to issuing identification cards and driver's licenses. The bits of information are catergorized as either basic or confidential (residential addresses & social security numbers).

The disclosure of your social security number is limited under California Vehicle Code (CVC) 1653.5 (f) except to various government agencies for the purpose of collecting unpaid fines, tax administration, child support purposes, etc. The CVC statutes allow the DMV to release your residential address (as well as the other basic information) to government agencies or authorized private companies (insurance companies, financial institutions, attorneys, lienholders, etc) after they have filled out the required applications stating the reason the requested information is required. The DMV will either approve or deny the application after it has been reviewed.

CVC Section 1810 allows the public to obtain your DMV information by filling out the proper requests and submitting a $5 fee for each request. CVC 1810(b) requires the DMV to notify of any request and provides you the opportunity to object to the release of your information.

Although you may not be notified if certain governmental agencies request your personal information, CVC section 1808.22(c) requires the DMV to notify you when your residential address is released to an attorney relating to a motor vehicle incident.

CVC 1808.23(d) prohibits the release of personal information for the purpose of sales or marketing.

Credit Bureaus: Credit-reporting companies provide credit reports to those businesses that have a legitimate permissible purpose (extension of credit, employment, etc.) for that credit report under current statutes. They also release (or sell?) personal information for marketing purposes (offers for credit cards, loans, etc.).

To opt-out of these offers, either call (888) 567-8688 or write to each of the national credit bureaus at the following addresses:

A sample Opt-Out letter can be found at: http://www.fair-credit-reporting.com/Opt-Out-Information/sample-out-out-letter.html (if this link seems to take you to a blank page, press the refresh button on your browser & the sample letter should appear.

Medical Records (under California law): Except for the purpose of treatment, payment or healthcare operations, your doctor, insurance company and other healthcare providers must request your permission in writting prior to releasing your personal health information. This release or authorization must specifically state what information will be released, to whom and for what purpose. It must also be dated. Furthermore, you can change your mind at any time and withdraw your permission (take back your written authorization).

"Accounting of disclosures" refers to your right to be provided with the data regarding who has received your personal health information. It must include the date of the disclosure, the name of the recipient, the information that was disclosed, and the purpose of the disclosure. You are entitle to receive it within 60 days of your request.

Your doctor must receive your permission in writing to release (or sell) your information for marketing purposes.

You have a right to see the information contained in your medical records. Your doctor or health plan must respond within 5 working days of receiving your written request.

Telemarketing Lists (and how to escape): California residents can now pre-register for the National Do Not Call Program. Visit http://nocall.doj.state.ca.us/ to pre-register. This list is designed to stop unwanted telemarketing calls to your residential or mobile phone numbers. Business telephone numbers are not eligible. While this list will prohibit most telemarketing calls, there are exceptions: calls from companies that have an established business relationship with the consumer, calls from charititable organizations, calls made in connection to collecting a debt etc.,