Ga. Comp. R. & Regs. r. 560-10-2-.05 — Data Agreement for Ongoing Access to Motor Vehicle Records

(1) If the Department approves an application for ongoing access to motor vehicle records, the Department shall prepare a data agreement setting forth the terms for such access. (2) If an applicant for ongoing access to motor vehicle records does not respond to the Department within 60 days of delivery of the data agreement via electronic mail, the Department may deem the application withdrawn. The applicant may submit a new application if their initial application is deemed withdrawn. (3) If a person or entity initiates a relationship with a third-party vendor to handle, process, or develop motor vehicle records after the person or entity has obtained ongoing access to such records, the person or entity shall disclose the existence and identity of such third-party vendor. Further, if requested by the Department, the person or entity shall provide the Department with copies of contracts and other documents pertaining to the person or entity's relationship with such vendor. (4) Nongovernmental persons or entities with ongoing access to motor vehicle records shall: (a) Indemnify and hold harmless the State Revenue Commissioner, the Department, the State of Georgia, its departments and agencies, and their respective employees and directors, from any losses, claims, demands, liabilities, or expenses incurred in connection with the use of motor vehicle records; and (b) Maintain appropriate insurance policies, including commercial general liability insurance and cyber insurance policies, in sufficient forms and amounts satisfactory to the Department during the term of the data agreement. (5) Government entities with ongoing access to motor vehicle records who engage a third-party vendor to handle, process, or develop motor vehicle records shall require such vendor to: (a) Indemnify and hold harmless the State Revenue Commissioner, the Department, the State of Georgia, its departments and agencies, and their respective employees and directors, from any losses, claims, demands, liabilities, or expenses incurred in connection with the use of motor vehicle records; and (b) Maintain appropriate insurance policies, including commercial general liability insurance and cyber insurance policies, in sufficient forms and amounts satisfactory to the Department during the term of the data agreement. (6) All persons or entities with ongoing access to motor vehicle records shall deliver certificates of insurance for all insurance policies required under this Section to the Department upon request. Cite as Ga. Comp. R. & Regs. R. 560-10-2-.05 v2 Authority: O.C.G.A. §§ 40-2-11 , 40-2-130 , 40-3-3 , 40-3-23 , 48-2-12 . History. Original Rule entitled "Application by One Other Than the Vehicle Owner" adopted. F. and eff. June 30, 1965. Repealed: New Rule entitled "Issuance of License Plates" adopted. F. Dec. 9, 1966; eff. Jan. 1, 1967, as specified by the Agency. Repealed: New Rule entitled "Issuance of License Plates and Renewal Decals" adopted. F. July 24, 1970; eff. August 13, 1970. Amended: F. Nov. 20, 1974; eff. Dec. 10, 1974. Amended: F. Feb. 27, 1978; eff. Mar. 19, 1978. Repealed: F. Mar. 6, 2002; eff. Mar. 26, 2002. Adopted: New Rule entitled "Data Agreement for Ongoing Access to Motor Vehicle Records." F. Feb. 25, 2025; eff. Mar. 17, 2025.