Could South Carolina’s DMV enter an FBI data-sharing agreement for Operation Driven?

Plain-English summary

The Attorney General reviewed a proposed memorandum of understanding and personal-information release agreement for Operation Driven and concluded that they presented no conflict with South Carolina law. It agreed that the Department of Motor Vehicles could enter those documents.

The DMV had described a program providing driver or owner data to the FBI to match against other agencies' crime data and report possible matches. The DMV said it had drafted the documents with privacy laws in mind. The Attorney General's brief letter did not reproduce the agreements or give a detailed analysis of their privacy terms.

Currency note

This opinion was issued in 2010. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the Attorney General approve the proposed DMV agreements under state law? A: Yes. After reviewing them, the office said it found no conflict with South Carolina law and agreed the agency could enter them.

Q: What was Operation Driven supposed to do?
A: As the DMV described it, the program would let the FBI compare driver or owner information with other crime-fighting data and alert agencies to possible matches identifying or locating suspects.

Q: Does the letter reveal the full text of the privacy safeguards? A: No. It mentions the agreements and the DMV's privacy-law review but does not reproduce the documents or their specific terms.

Background and statutory framework

The DMV director requested review of agreements for sharing selected driver and owner data with the FBI. The office's response was a concise state-law conclusion about the reviewed documents.

Citations and references

The original text below names the Driver Privacy Protection Act but does not cite a particular section of that law.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-13-2010/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/adams-m-s-os-9063-5-13-10-operation-driven.pdf

Original opinion text

HENRY McMASTER
ATIORNEY GENERAL

May 13, 2010

Marcia S. Adams, Director
Department of Motor Vehicles
Post Office Box 1498
Blythewood, South Carolina 29016
Dear Ms. Adams:

In a letter to this office you referenced a proposed Memorandum of Understanding and Personal Information Release Agreement to implement Operation Driven. You stated that this is a program whereby the SCDMV will provide certain driver or owner data to the FBI to allow the FBI to match the data with that of other state and federal crime fighting agencies and advise those agencies when there are "hits" or matches in the data that might identify or locate crime suspects. You indicated that some of the data is personal information, but the contracts have been drafted to ensure compliance with applicable privacy laws, such as the Driver Privacy Protection Act. You further stated that the SCDMV has reviewed the Memorandum of Understanding and Personal Information Release Agreement and believes them to be consistent with applicable law. You have asked this office to also review such. Please be advise that we have reviewed the referenced documents and are of the opinion that there are no conflicts with South Carolina law. Therefore, this office is in agreement that such can be entered into by your agency.

If there are any questions, please advise.
Very truly yours,
Henry McMaster

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By:

Charles H. Richardson
Senior Assistant Attorney General

RE~ APPROVED BY:

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Robert D. Cook
Deputy Attorney General
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POST OFFICE Box 11549

• COLUMBIA, SC 29211-1549 • TEL.EPHONE 803-734-3970 • FACSIMILE 803-253-6283