Attorney General Jennifer Davenport has joined two multistate lawsuits seeking to prevent the Trump administration from obtaining a database containing sensitive personal information about 17 million commercial drivers.
The lawsuits allege that federal officials threatened to withhold more than $10 million from the American Association of Motor Vehicle Administrators if the nonprofit organization refused to turn over five years of driver records.
Davenport joined a coalition of 21 attorneys general and Pennsylvania in filing one lawsuit against the U.S. Department of Transportation, the Federal Motor Carrier Safety Administration and AAMVA. A related complaint was filed against the Department of Homeland Security.
The states are seeking an emergency court order preventing AAMVA from releasing the information.
“New Jersey has one of the strongest data privacy laws in the country, and we will not allow the Trump administration to illegally misuse the private information of our residents,” Davenport stated. “We will not allow New Jerseyans’ safety or the employment of our CDL drivers to be jeopardized by yet another unlawful request for private data.”
At issue is the Commercial Driver’s License Information System, known as CDLIS, which Congress established in 1986 to allow states to determine whether commercial driver’s license applicants are licensed elsewhere and to review their driving histories.
Since 1988, the federal Department of Transportation has contracted with AAMVA to operate the system on behalf of the states.
The database contains drivers’ names, dates of birth, Social Security numbers, driver’s license numbers, and the states that supplied their records. States use the system to verify applicants’ identities, medical fitness, immigration status, and driving histories before issuing commercial licenses.
The lawsuits maintain that the records belong to the states and that federal agencies lack authority to create a separate database from the information.
According to the complaints, the Federal Motor Carrier Safety Administration directed AAMVA to surrender records for every driver listed in CDLIS during the previous five years. When AAMVA raised concerns, the agency allegedly threatened to terminate all its federal grants and contracts, potentially jeopardizing continued operation of the licensing system.
The Department of Homeland Security subsequently issued an administrative subpoena seeking the same records.
Davenport and the other states contend that the demands violate federal privacy laws and the Administrative Procedure Act. They argue that the administration has not explained its need for the database, established restrictions on how the information may be used or shared, notified the public, or consulted the states before changing the system.
Davenport has previously joined lawsuits challenging Trump administration demands for information about recipients of Medicaid, Supplemental Nutrition Assistance Program benefits, and Temporary Assistance for Needy Families. Those challenges similarly raised concerns that personal information could be used for undisclosed purposes, including immigration enforcement.
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May 3, 2018 -
