Dmv

Residential addresses in the records of the Department of Motor Vehicles (DMV) are generally confidential. (Veh.Code, § 1808.21, subd. (a); all unidentified section references are to this code.) There is an exception for attorneys who need such information to represent clients in an action which directly involves the use of a motor vehicle that is pending, is to be filed, or is being investigated. (§ 1808.22, subd. (c)) (section 1808.22(c).) The issue in this case is whether an attorney for a corporation that enforces private property parking rights falls within this exception when he proposes to use the confidential residence address information to send collection letters to those who fail to pay their parking charges and to investigate whether to file small claims actions against those who fail to pay after receiving notice.

Given the strong policy considerations favoring the protection of privacy, we find a proposal to obtain numerous confidential residence addresses to collect parking fees does not meet the requirement of section 1808.22(c) that the information is necessary to represent a client in an actual or potential civil or criminal action. Further, the…