What happened to the DMV form?
Senator Richard Shelby (R-AL) inserted a provision in
the transportation spending bill which went into effect July 2000, that tightened rules limiting the
disclosure by states of drivers license information. Under the new law,
states accepting federal transportation funds must obtain the express
consent of a driver ("opt-in") before disclosing (1) the person's
photograph, social security number, and medical or disability information
for any purpose (with a few narrow exceptions); or (2) any of the foregoing
information as well as name or address in response to a request for a
specific record ("individualized look-up") or for marketing, surveys, and
solicitations.
What does it mean to opt-out? How does it work?
"Opt-out" means that you tell a company that you don't want them to use
your information for certain purposes or sell it to others. Typically,
when you opt-out, your are not actually taken off of a list but added to a
list of people that do not want their personal information shared with
other companies or who do not want to receive telemarketing calls or direct
mail. Sometimes businesses allow you to opt-out of having them use your
information to send you solicitations.
Frequently, you will receive some kind of confirmation (for example, online
you may get a Web page or email confirmation), but sometimes you may not.
A company's privacy policy may give you more information about their
opt-outs.
How long does it last?
Some opt-outs are permanent, but sometimes your opt-out is valid for a
limited amount of time (for example, when you add your name to the Direct
Marketing Associations' op-out lists for telemarketing and direct mail it
lasts for five years).
What is the impact of opting out?
It depends. Placing yourself on the DMA's opt-out lists for telemarketing
and direct mail should reduce the number of calls and mailings you recieve.
Placing yourself on the opt-out lists with the credit bureaus (Equifax,
Experian, Trans Union) will limit the number of credit card applications
you receive in the mail. Opting-out at various businesses will prevent
your information from being shared with other businesses.
When you opt-out of lists you will reduce the number of catalogs and
informational mailings you receive from companies. Many people like
receiving catalogues in the mail. Many find them irritating or invasive.
If you are in the latter category this site is for you.
What happens if I have opted-out, but it seems like I'm still on the list?
It may take a bit of time for your name to be added to the list and for all
those who need to "clean" their list of your name to do so. There are also
limits to opting-out -- not all companies offer opt-outs, not all
businesses use the DMA's opt-out lists to clean their lists. And opt-outs
are generally used by commercial entities -- you may recieve unsolicited
telephone calls and mailings from non-profit organizations, religious or
political organizations, or other non-commercial entities.
Should I give the company I am trying to opt-out from my social security number (SSN)?
It's not the greatest of opt-outs when they ask for an SSN, but in most
cases these sources use the SSN as the only record locator, so they'd have
no way of tracking your records down if you don't provide it to them.
There are laws that forbid the use of the SSN as an ID
within the federal government and no company can deny you a service because
you refuse to share your SSN unless they need the SSN to provide the
service. However private companies, can and do use the SSN as an ID.
So it is really a difficult situation, since if you don't share your SSN
you will probably not be able to get credit in many places and, as in this
case, you will not be able to opt-out. You need to weigh
the advantages and disadvantages of giving an SSN in each case. Each
person usually has their own take and since the Operation Opt-Out site is meant to be a
single place for users to access opt-out tools, we leave it for you to
decide. Be aware that credit companies, many DMVs and some others already
have this information.
Why do I have to opt-out? Why don't companies just ask me before using my
name?
This is a good question. In fact recently, members of Congress from both
parties, led by Senator Shelby (R-AL) and Representative Markey (D-MA),
spearheaded a campaign to introduce a law that would require banks and
financial institutions to ask your permission before they could use your
information for any other purpose than what it was originally collected for
("opt-in"). Unfortunately, this effort failed, but other attempts will
probably soon follow. If this concerns you, call your member of Congress
and let them know that you care about privacy. Today the general practice in the
business community is to use your information unless you object.
What else can I do?
You can further take control of your personal information by:
- writing or calling the magazines that you subscribe to and ask them not to release your mailing information when they make their subscription lists available.
- getting an unlisted, unpublished, home telephone number. Once your telephone number and address are published in the telephone book, it is considered public information and anyone can use it. You may need to pay your telephone company for this privilege, plus friends and family will not be able to look up your phone number if they need it.
- writing to all companies that you do business with regularly, such as your bank, telephone company, other utilities, video rental store, grocery store, etc..., and ask that they do not distribute your personal information. If it is at all possible, threaten to take your business elsewhere. If you do take your business elsewhere, let the company know why you've left them.
- adding a link to your web site that will refer your site's visitors to Operation Opt-Out. Detailed instructions including HTML code and an animated graphic are available.
Where can I learn more?
CDT's Privacy Page - http://www.cdt.org/privacy/
The Privacy Rights Clearinghouse - http://www.privacyrights.org/
The Direct Marketing Association - http://www.the-dma.org
Privacy Seal Organizations - all of these require their members to offer consumers the ability to opt-out.
