Driver’s licenses, ID cards protected by Vehicle Code


Advancement Project v. Pennsylvania Dept. of Transportation
Commonwealth Court of Pennsylvania
No. 2321 C.D. 2011

January 14, 2013

The Commonwealth Court determined that the information contained in state-issued driver’s licenses and photo identification cards is protected from public inspection under Pennsylvania’s Vehicle Code and therefore exempt from disclosure under the Right to Know Law (“RTKL”).

Background

Marian Schneider, a researcher for the Advancement Project, submitted a RTKL request to the Pennsylvania Department of Transportation (“PennDOT”). She requested records of all adults to whom PennDOT had issued a driver’s license or non-driver photo ID within the last four years, seeking each individual’s full name, address, date of birth, and Social Security number, as well as the dates the licenses and IDs were issued and will expire.

The Project requested this information to conduct research concerning the number of voters who would be affected by Pennsylvania’s new Voter ID Law.

PennDOT denied the request, contending, among other things, that the records were exempt under Section 6114 of the Vehicle Code, which bars disclosure of “driving records.”

The Project appealed to the Office of Open Records (“OOR”), which affirmed PennDOT’s denial.

The Project then appealed to the Commonwealth Court.

Commonwealth Court Decision

On appeal the Project maintained that a driver’s license is not a “driving record” under the Vehicle Code. It argued that “driving records” include documents such as police reports, accident reports, and citations.

The court disagreed, reasoning that the Vehicle Code requires PennDOT to record the name, date of birth, and addresses of all driver licensees, and concluding that a driver’s license is a “driving record.”

As a result, the requested information, which is contained on a driver’s license, is confidential under Section 6114 of the Vehicle. Because the RTKL provides that records which are exempt under other state laws cannot be accessed through the RTKL, the Project’s request was properly denied.

Second, the Project argued that a non-driver photo ID cannot be considered a driving record because it is not a driver’s license.

Again, the court disagreed. A non-driver photo ID is issued whenever a person’s right to drive has been suspended for any reason.

The court explained, “The only material difference between a driver’s license and the non-driver photo ID is that the latter indicates that the holder lacks authority to drive. Stated otherwise, it is a negative driving record.”

Therefore, non-driver photo IDs are also exempt.

January 12, 2013 – Commonwealth Court Opinion – No. 1539 C.D. 2011