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Utah Dep't of Public Safety v. Robot Aided Manufacturing Center5/5/2005
For Official Publication
Appellant Robot Aided Manufacturing Center, Inc., doing business as Explore Information Services (Explore), appeals from the district court's decision to vacate a State Records Committee order granting Explore continuing access to driving record information, on literally tens of thousands of Utah drivers, in the same manner that Explore had previously received it. We affirm the district court.
BACKGROUND
Explore is a Minnesota corporation, registered to do business in the State of Utah. As part of its business, Explore obtains driving record information contained within the motor vehicle records of various states and provides it to insurance companies for underwriting, rating, and claims investigating purposes. Pursuant to an agreement between Explore and the Utah Department of Public Safety's Driver License Division (the Division), which agreement has expired, Explore had received information concerning Utah drivers from the Division, on a monthly basis, since December 1996. The information Explore received was a list of all licensed Utah drivers who had received moving vehicle citations that were reported to the Division during the prior month. The information Explore received included a person's name, driver license number, date of birth, type of driving violation, and the date when the violation was recorded in the Division's database. Explore would then match the names of those individuals reported for violations with names of individuals insured by the various insurance companies to whom Explore provides its services. The district court noted in its findings of fact that, through these reports, Explore obtained the identities of, and information about, 21,726 individuals in June of 2000, and 22,932 in July of 2000. The court also noted that Explore only successfully matches, on average, about 2% of those individuals reported with persons actually insured with the various insurance companies for which Explore works. In other words, 2% of what Explore learns as a kind of busy-body for hire is properly its business, while 98% is not.
On June 28, 2000, the Division informed Explore that it would not continue to provide records as requested by Explore because Explore failed to comply with the requirements of Utah Code section 53-3-104, see Utah Code Ann. § 53-3-104(9) (2002), and, additionally, because the records were private and Explore was not authorized to receive private records. The Division interpreted section 53-3-104 to require that reports could only be prepared on a person-by-person basis and that a requestor must identify the individual about whom the driving record information is sought when the request is made.
Explore appealed the Division's determination to the Department of Public Safety. The Department of Public Safety affirmed the Division's decision, and Explore then appealed the denial to the State Records Committee (the Committee). The Committee conducted a hearing and issued a decision in favor of Explore, granting Explore continued access to the driving record information it was accustomed to receiving. The Division petitioned the district court for judicial review of the Committee's decision. The district court determined that denial of access to the requested information was proper and lawful and that the Division "need not provide such information as requested."
ISSUES AND STANDARD OF REVIEW
Explore challenges the district court's conclusions that section 53-3-104 governs and limits the disclosure of the Division's records and that the only manner in which Explore is entitled to receive driving record information from the Division is by requesting motor
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