Regulation 256 is California's rule for how the DMV handles your personal information

Regulation 256 (also called Vehicle Code Section 1808.21) sets out what the California DMV can and cannot do with your driver's license information, vehicle registration data, and other records you give them. It controls who gets access to your information, under what circumstances, and what you can do if you think your data has been misused. Most drivers never need to know about Reg 256 directly, but it becomes important if you're concerned about privacy, if you want to restrict who can see your records, or if you believe the DMV has shared your information without permission.

The regulation exists because DMV records contain sensitive details — your address, Social Security number, medical information, and driving history. Without Reg 256, any business or individual could potentially request and receive that data. The rule creates a system of permitted uses and restrictions that the DMV must follow.

Key Takeaways

  • Regulation 256 limits who can request and receive your DMV records, and the DMV must verify that requesters have a legitimate reason before sharing your information.
  • You can file a complaint with the California Attorney General if you believe the DMV has shared your personal information in violation of Reg 256.
  • Certain organizations — insurance companies, law enforcement, courts, and employers with legitimate business reasons — are permitted to access specific parts of your record under the regulation.
  • The DMV maintains a record of who has requested your information, and you can request to see that list through a Public Records Act request.

Who can request your DMV information under Regulation 256

Regulation 256 creates categories of people and organizations that are allowed to request your DMV records. Law enforcement agencies can request records for investigations. Insurance companies can request driving history for underwriting purposes. Courts can request records for legal proceedings. Employers can request records if you are explore for a job that involves driving. Government agencies can request records for licensing, registration, or law enforcement purposes.

Each category has specific rules about what information they can receive and what they can do with it. For example, an insurance company cannot receive your Social Security number or medical information — only your driving history and violation record. A prospective employer can receive information about your license status but not your address or medical conditions. The DMV is responsible for verifying that each request falls within an allowed category before releasing any information.

Private individuals and businesses without a legitimate legal reason cannot request your records. If someone tries to obtain your DMV information through false pretenses or without authorization, that is a violation of Reg 256 and can result in civil or criminal penalties.

What information is protected under Regulation 256

Regulation 256 protects several categories of sensitive information in your DMV file. Your Social Security number is protected — most requesters cannot see it. Your medical information and disability status are protected — only specific government agencies can access these details, and only for purposes related to licensing or public safety. Your address is protected from most commercial requests, though law enforcement and courts can access it. Your photograph is protected and cannot be released to most requesters without your written permission.

Information that is generally available to authorized requesters includes your name, license number, license status (valid, suspended, revoked), driving record and violations, and vehicle registration information. The specific details available depend on who is requesting and why they are requesting it.

How to restrict access to your DMV information

California law allows you to request that the DMV restrict access to your personal information in certain situations. If you are a victim of domestic violence, stalking, or human trafficking, you can file a request to have your address and phone number kept confidential. You will need to provide documentation of your situation — typically a court order, a police report, or a protective order. Once approved, your address will not be released to most requesters, and your record will be flagged in the DMV system.

You can also request that your information not be sold or shared for marketing purposes. This is a separate restriction from the domestic violence confidentiality program. To make this request, you can contact the DMV directly or submit a form through the DMV website. The restriction applies to commercial uses of your data but does not prevent law enforcement or courts from accessing your information for legitimate purposes.

If you believe your information has been shared in violation of your restrictions, you can file a complaint with the California Attorney General's office. Include documentation of your restriction request and evidence that your information was shared inappropriately.

What to do if you think your information was shared illegally

If you have reason to believe the DMV has shared your personal information in violation of Regulation 256, your first step is to request a record of all inquiries made about your driving record. You can do this through a Public Records Act request to the DMV. This request will show you who has accessed your information and when. If you see requests that do not appear legitimate, that is evidence of a potential violation.

Once you have the inquiry record, you can file a complaint with the California Attorney General's Consumer Protection Section. Include your DMV inquiry record, a description of why you believe the access was unauthorized, and any other documentation you have. The Attorney General's office can investigate whether the DMV violated Reg 256 and can take action against the DMV or the person who requested your information illegally.

You may also have a civil claim against the person or organization that obtained your information illegally. California law allows you to sue for damages if someone violates Reg 256 and causes you harm. An attorney who specializes in privacy law can advise you on whether you have a case and what damages might be available.

How Regulation 256 affects data breaches and identity theft

Regulation 256 does not prevent data breaches, but it does create accountability if the DMV fails to protect your information or if someone steals your data from the DMV system. If the DMV experiences a breach and your information is exposed, the DMV is required to notify you and may be liable for damages. If someone uses your DMV information to commit identity theft or fraud, you can report it to law enforcement and to the California Attorney General.

If you discover that someone has obtained your DMV information illegally and used it to open accounts, get a loan, or commit other fraud in your name, report it to the Federal Trade Commission at IdentityTheft.gov. You can also place a fraud alert on your credit report and monitor your credit for unauthorized activity. Keep documentation of all fraudulent accounts and communications with creditors and law enforcement.

Frequently Asked Questions

Can I see who has looked up my DMV record?

Yes. You can request a record of all inquiries made about your driving record through a Public Records Act request to the California DMV. This will show you the name or organization of each person or entity that requested your information and the date of the request. You can submit this request online through the DMV website or by mail.

Does Regulation 256 explore to information I share on social media or other websites?

No. Regulation 256 applies only to information held by the California DMV. It does not control what you post on social media or what private companies do with information you give them directly. However, if someone uses your DMV information obtained illegally to harm you, that may be a separate violation.

Can my employer request my full driving record without my permission?

Your employer can request your driving record if you are explore for a job that involves driving, but they must have a legitimate business reason and must follow Reg 256. They cannot request information beyond what is necessary for the job. If you believe your employer requested your information illegally, you can file a complaint with the Attorney General.

What happens if someone violates Regulation 256?

Violations of Reg 256 can result in civil penalties, criminal charges, or both. The California Attorney General can pursue enforcement action against the DMV or against a person who illegally obtained or misused DMV information. You may also have a private right to sue for damages if you are harmed by a violation.

How do I request that my address be kept confidential?

If you are a victim of domestic violence, stalking, or human trafficking, you can request address confidentiality through the DMV's Address Confidentiality Program. You will need to provide documentation such as a protective order, police report, or court order. Contact the DMV directly or visit the DMV website for the process form and current requirements.