The U.S. Department of Transportation (USDOT) is facing a major lawsuit over the agency’s attempt to access a database containing sensitive personal information on millions of commercial driver’s license (CDL) holders nationwide.
States Sue Federal Government Over Access to CDL Data
On August 13, a coalition of 21 state attorneys general and the state of Pennsylvania sued the USDOT, the Federal Motor Carrier Safety Administration (FMCSA), and the Department of Homeland Security (DHS) over privacy concerns raised by the federal government’s demand for state-held CDL holder data, amid intensified federal immigration enforcement measures and investigations into freight fraud within the trucking industry.
The lawsuit alleges that the USDOT is threatening to withhold funding from the states unless they grant access to the Commercial Driver’s License Information System (CDLIS). Approximately 17 million records of CDL-licensed drivers are affected by the USDOT’s data access requirements.
The CDLIS contains information including the driver’s name, date of birth, Social Security number, driver’s license number, and the name of the state that issued the license.
State driver licensing agencies use the CDLIS to ensure that each CDL holder has only one license.
The CDLIS is owned by the states and managed by a private, nonprofit organization called the American Association of Motor Vehicle Administrators (AAMVA).
The FMCSA demanded access to state data on commercial driver’s licenses (CDLs), according to the attorneys general
The lawsuit alleges that the FMCSA issued an “unprecedented demand” for the AAMVA to hand over all CDLIS data from the past five years by August 17. DHS also issued a subpoena to access the CDLIS on August 11.
When the AAMVA raised its concerns, the FMCSA threatened to withhold all grants and contracts, which could lead to the complete shutdown of the AAMVA and the CDLIS, according to the states.
Subsequently, the AAMVA stated that it would comply with the federal agencies’ demands, prompting the attorneys general to seek an emergency order.
Federal access to the data could threaten privacy and state commercial driver’s license (CDL) programs, the lawsuit alleges.
The attorneys general argue that, without access to a functioning CDLIS, states could lose the ability to administer CDL programs in accordance with federal law.
The lawsuit also raises privacy concerns about how data would be shared with other federal agencies once it is no longer in the custody of the states.
The attorneys general are asking the courts to intervene to prevent the U.S. Department of Transportation (USDOT), the Federal Motor Carrier Safety Administration (FMCSA), and the Department of Homeland Security (DHS) from accessing the CDLIS, as well as to prevent the AAMVA from granting access to the records.
The lawsuit was filed by the attorneys general of the following states:
Arizona, California, Connecticut, Colorado, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Virginia, Washington, and Wisconsin, as well as the State of Pennsylvania.
“The states maintain driver records for important public safety purposes, and we take our obligation to protect that data very seriously. We will not allow the Trump administration to intimidate database administrators into handing over confidential records that could be misused to satisfy the president’s daily whims,” said Connecticut Attorney General William Tong.
