Attorneys General sue USDOT over demand to access sensitive data for millions of CDL drivers

The U.S. Department of Transportation (USDOT) faces a major lawsuit over the agency’s attempt to access a database containing sensitive personal information from millions of commercial driver’s license (CDL) holders nationwide.

States Sue Feds Over CDL Data Access

On August 13, a coalition of 21 Attorneys General and the state of Pennsylvania sued USDOT, the Federal Motor Carrier Safety Administration (FMCSA), and the Department of Homeland Security (DHS) over privacy concerns created by the demand for state-owned CDL driver data amid a federal uptick in immigration enforcement and freight fraud scrutiny within the trucking industry.

The suit alleges that USDOT is threatening to withhold federal funding unless states provide access to the Commercial Driver’s License Information System (CDLIS).

The CDLIS contains information including a driver’s name, date of birth, Social Security number, driver’s license number, and the name of state that provided the record. The CDLIS is used by State Driver’s Licensing Agencies to ensure that each CDL driver only has one license. The CDLIS is owned by the states and is maintained by a private non-profit group called the American Association of Motor Vehicle Administrators (AAMVA).

FMCSA Demanded Access To State CDL Data, AGs Say

The suit alleges that FMCSA made the “unprecedented demand” that AAMVA turn over all CDLIS data from the past five years by August 17. DHS also issued a subpoena for CDLIS access on August 11.

Approximately 17 million CDL driver records are impacted by the USDOT and DHS data access demands.

When AAMVA raised concerns, FMCSA threatened to withhold all grant funding and contracts from the group, which could result in the shutdown of AAMVA and CDLIS altogether, states say.

AAMVA later said that it would comply with the federal agencies, leading the Attorneys General to seek an emergency order.

Federal Data Access Could Threaten Privacy, State CDL Programs, Lawsuit Alleges

The Attorneys General argue that without access to a functioning CDLIS, states could lose the ability to administer CDL programs in compliance with federal law.

The lawsuit also points to privacy concerns over how the data would be shared with other federal agencies after it is no longer under custody of the states.

The Attorneys General are asking the courts to intervene to prevent USDOT, FMCSA, and DHS from accessing CDLIS and to prevent AAMVA from turning over access to the records.

The suit was filed by Attorneys General from the following states:

• Arizona
• California
• Connecticut
• Colorado
• Delaware
• District of Columbia
• Hawaii
• Illinois
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Nevada
• New Jersey
• New Mexico
• New York
• Oregon
• Vermont
• Virginia
• Washington
• Wisconsin
• The state of Pennsylvania

“States maintain driver records for important public safety purposes, and we take our obligation to safeguard that data seriously. We’re not going to let the Trump Administration bully database administrators into handing over sensitive records so that they can be misused for whatever the President’s daily whims demand,” said Connecticut Attorney General William Tong.