Attorney General Ford Sues Trump Administration for Unlawfully Demanding Personal Information of CDL Drivers

Administration Threatens to Withhold $10 Million in Federal Funding Under Unless Sensitive Information of Millions of Drivers is Turned Over

Carson City, NV - Today, Attorney General Aaron D. Ford joined a coalition of 21 attorneys general and the state of Pennsylvania today in filing two lawsuits against the Trump administration for demanding production of a database of state-owned records containing the sensitive personal information of 17 million drivers and threatening to terminate more than $10 million in federal funding to the American Association of Motor Vehicle Administrators (AAMVA) if it refuses.

AG Ford and the coalition filed a lawsuit against the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA), which is an administration of the DOT and AAMVA, as well as an additional related lawsuit against the Department of Homeland Security (DHS). The lawsuits claim the DOT, FMSCA and DHS are violating multiple federal privacy laws by secretly setting up their own database with records extorted from AAMVA, with no guardrails on the use or sharing of drivers' Social Security numbers and other personal information, and no notice to the public. The lawsuits also allege that the demand violates the Administrative Procedure Act because the federal government has no legitimate need to take over this database of state records, and it failed to consult the states before making this drastic change.

"People have a right to privacy and to know their sensitive personal information is not being used as a bargaining chip over federal funding," said Attorney General Ford. "The Trump administration cannot strong-arm states into turning over millions of drivers' private information without justification or adequate safeguards. My office is taking action to protect Nevadans' privacy and stop this unlawful federal overreach."

In 1986, Congress established the Commercial Driver's License Information System (CDLIS) to provide states an efficient means of sharing information about commercial driver's license (CDL) applicants and determining if the applicant is licensed in another state. Since 1988, the DOT has contracted with AAMVA, a private nonprofit organization, to operate CDLIS for the benefit of the states.

AG Ford and the coalition explain in the lawsuits that to approve a CDL application it is the states which validate the driver's identity, medical fitness, immigration status and each applicant's licensing and driving history in any state where the driver could have been licensed. This important public safety work is the responsibility of the states, not the federal government. Once a license is issued, states maintain a record in CDLIS of each driver that includes personally identifiable information such as the driver's name, date of birth, Social Security number, driver's license number and the name of state that provided the record.

Despite the states owning the personal data stored in CDLIS, FMSCA sent a letter to AAMVA, making the unprecedented demand that AAMVA turn over data for every driver in CDLIS going back five years. When AAMVA voiced its concerns about the new directive, FMSCA made an explicit threat to terminate all of AAMVA's federal grants and contracts. Faced with that threat, which could shut down CDLIS altogether, AAMVA told the states it would comply with the federal government's demand, requiring AG Ford and the coalition to seek an emergency order to prevent the data from being turned over.

Joining Attorney General Ford in filing these lawsuits are attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Vermont, Virginia, Washington and Wisconsin, as well as the state of Pennsylvania.

Complaint for Declaratory and Injunctive Relief

States motion to Quash DSH Subpoena

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