§ 104. Public records

(a) Any information contained in Department records is subject to and shall be released pursuant to the Driver's Privacy Protection Act, 18 U.S.C. chapter 123 as amended.

(b) Notwithstanding any other provision of law to the contrary, except for requests from government agencies or persons acting on behalf of government agencies, the Commissioner shall not furnish to any person copies of photographs or imaged likenesses of persons to whom licenses, permits, or nondriver identification cards have been issued without the written consent of the person depicted in the photograph or imaged likeness.

(c) If there is a request by any governmental agency for the entire database or the substantial database of any class of documents containing a photograph or imaged likeness of a person or any class of documents containing any other personal information, the Department of Motor Vehicles shall notify the Speaker of the House, the President Pro Tempore of the Senate, and the Attorney General.

(d) Any photographs or imaged likenesses furnished to an authorized recipient shall not be made available or redisclosed to any succeeding person or entity, except for use by a law enforcement agency, a court or tribunal, a State's Attorney, the Office of the Attorney General, or the office of the United States' Attorney in carrying out its official business or in response to any court order. The Commissioner of Motor Vehicles shall so condition any release of the information and require that the recipient subject itself to the jurisdiction of the Washington Superior Court in the event that the condition is violated.

(e) A person who violates subsection (b), (c), or (d) of this section shall be subject to a civil penalty of up to $10,000.00 per occurrence. A civil action to assess a civil penalty may, in the discretion of the Attorney General, be commenced by the Attorney General in Washington Superior Court. (Amended 1969, No. 259 (Adj. Sess.), § 3; 1977, No. 174 (Adj. Sess.), § 2, eff. March 31, 1978; 1979, No. 187 (Adj. Sess.), § 1; 1983, No. 212 (Adj. Sess.), § 9; 1983, No. 252 (Adj. Sess.), § 4; 1985, No. 85, § 2; 1987, No. 112, § 4; 1989, 1987, No. 127 (Adj. Sess.), § 3, eff. March 15, 1990; 1991, No. 165 (Adj. Sess.), § 2; 2001, No. 75 (Adj. Sess.), § 1; 2003, No. 154 (Adj. Sess.), § 1; 2019, No. 60, § 1.)