Opinion AGO 2008-2.

• Court: Georgia

Georgia Attorney General Opinions 2008. Opinion AGO 2008-2. Tuesday, April 22, 2008OFFICIAL OPINION 2008-2To: Commissioner, Department of Revenue Re: The Department of Revenue is authorized to provide access to the information contained in the Georgia Registration and Title Information System only for the purposes mandated by the Driver's Privacy Protection Act of 1994, or to those state agencies designated in O.C.G.A. § 40-2-130(c), O.C.G.A. § 40-3-23(d), and O.C.G.A. § 33-34-9.You have asked if the Department of Revenue (hereinafter the "Department") may provide State agencies with access to information contained in the Georgia Registration and Title Information System (hereinafter "GRATIS"). You have advised that GRATIS is a system that enables participating Georgia counties to provide the State with automated up-to-date motor vehicle registration and title processing information for its central database. The Department has received several inquiries regarding the propriety of providing access to GRATIS information to state agencies for the following reasons: 1.

State agency seeking the information for its internal use only in performance of its duties; or

2.

State agency seeking to assist a non-governmental third party who is developing a computer system for use by the general public that interacts with the agency and assists it with its duties; or

3.

State agency seeking to assist a non-governmental third party who is developing a computer system for use by the general public that does not interact with the agency per se, but furthers a related agency issue; or

4.

State agency interacting with a non-governmental third party to develop and operate a computer system on behalf of the agency in the furtherance of its duties.

Pursuant to Georgia law, motor vehicle registration records and certificates of title are exempt from disclosure under Georgia's Open Records Act(fn1) unless disclosure is required under the Driver's Privacy Protection Act of 1994, 18 U.S.C. §§ 2721-2725 (hereinafter the "DPPA")(fn2), or by certain statutorily designated users. O.C.G.A. § 40-2-130(c); O.C.G.A. § 40-3-23(d); O.C.G.A. § 33-34-9. The DPPA provides that

[a] State department of motor vehicles, and any officer, employee, or contractor thereof, shall not knowingly disclose or otherwise make available to any person or entity:

(1)

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