Attorney General James Sues Trump Administration to Block Illegal Seizure of Millions of Drivers’ Personal Data
NEW YORK – New York Attorney General Letitia James today joined a multistate coalition of 21 other attorneys general and the state of Pennsylvania in suing to stop the U.S. Department of Transportation (DOT) and the U.S. Department of Homeland Security (DHS) from seizing the names, dates of birth, and Social Security numbers of 17 million commercial drivers nationwide, including nearly 500,000 New Yorkers. The administration is demanding access to a nationwide database containing the sensitive personal information of commercial driver's license (CDL) holders and has threatened to eliminate all federal funding for the system unless the records are turned over by August 17. Attorney General James and the coalition argue that the federal government has no legal authority to seize states' confidential driver records and is forcing states to choose between protecting drivers' privacy and preserving the system they rely on to issue CDLs. The coalition is asking the court to immediately block the administration's unlawful data demands and preserve the funding needed to keep the system operating.
"The Trump administration is attempting to seize confidential state records without any lawful justification," said Attorney General James. "New Yorkers provide their personal information to the state with the expectation that it will be protected, not handed over to anyone who demands it."
For nearly 40 years, states have relied on the Commercial Driver's License Information System (CDLIS) to ensure commercial drivers are properly licensed and qualified to operate commercial vehicles. States use CDLIS to determine whether applicants already hold a CDL in another state or have been disqualified for unsafe driving, helping keep dangerous drivers off the road. The database is owned by the states and operated by the American Association of Motor Vehicle Administrators (AAMVA).
On July 23, the Federal Motor Carrier Safety Administration (FMCSA), an administration of DOT, demanded that AAMVA turn over the entire CDLIS database – 17 million records, including Social Security numbers, dating back five years – despite never having sought access to the database before. When AAMVA raised concerns about its legal obligations, FMCSA threatened to terminate all of AAMVA's federal grants and contracts unless it complied. AAMVA has indicated that without legal intervention, it intends to turn over the records on August 17 to avoid losing the funding necessary to keep CDLIS operating. On August 11, AAMVA received a subpoena from DHS also demanding access to the CDLIS database.
In New York, the consequences of cutting off funding to operate CDLIS would be severe. The New York State Department of Motor Vehicles (DMV) uses CDLIS to check applicants’ identity, medical fitness, and driving history in other states before issuing or renewing every license. New York queries the system approximately 30,000 times each day and has relied on it since 1989. Without a functioning CDLIS, New York’s ability to administer its CDL program in compliance with federal law would be disrupted, affecting nearly 20,000 commercial learner's permit holders and approximately 500,000 CDL holders, undermining traffic safety, and worsening existing commercial driver shortages.
If the records are transferred to the federal government, New Yorkers' privacy would also be at serious risk. Once New York's records leave state control, the state would lose the ability to oversee how the information is used or protected. The administration has asserted that it could share the data with other federal agencies, and New York has received no assurances that the information would remain confidential. The transfer would conflict with New York's longstanding obligations to protect drivers' personal information and strictly limit when and how it may be disclosed.
Attorney General James and the coalition allege that the administration's unprecedented demands would transform CDLIS from a secure state-to-state information-sharing system into a federal database containing sensitive personal information that Congress never authorized the federal government to collect. They argue that the demands violate the Driver's Privacy Protection Act, the Privacy Act, the Administrative Procedure Act, and the Spending Clause of the U.S. Constitution.
The coalition is asking the court to declare the data demands unlawful, block the federal government from obtaining the states' records, and prevent AAMVA from turning over the information while litigation proceeds.
Joining Attorney General James in these lawsuits are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, Oregon, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia, as well as the state of Pennsylvania. The attorney general of Minnesota joined the DHS case.
Legal Disclaimer:
EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.
