41-12a-805. Disclosure of insurance information -- Penalty.
(1) Information in the database established under Sectionprovided by a person to the designated agent is considered to be the property of the person providing the information. 41-12a-803
(2) The information may not be disclosed from the database under Title 63G, Chapter 2, Government Records Access and Management Act, or otherwise, except as follows: for the purpose of investigating, litigating, or enforcing the owner's or operator's security requirement under Section, the designated agent shall verify insurance information through the state computer network for a state or local government agency or court; 41-12a-301 for the purpose of investigating, litigating, or enforcing the owner's or operator's security requirement under Section, the designated agent shall, upon request, issue to any state or local government agency or court a certificate documenting the insurance information, according to the database, of a specific individual or motor vehicle or motorboat for the time period designated by the government agency; 41-12a-301 upon request, the department or its designated agent shall disclose whether or not a person is an insured individual and the insurance company name to: that individual or, if that individual is deceased, any interested person of that individual, as defined in Section; 75-1-201 the parent or legal guardian of that individual if the individual is an unemancipated minor; the legal guardian of that individual if the individual is legally incapacitated; a person who has power of attorney from the insured individual; a person who submits a notarized release from the insured individual dated no more than 90 days before the date the request is made; or a person suffering loss or injury in a motor vehicle or motorboat accident in which the insured individual is involved, but only as part of an accident report as authorized in Section; 41-12a-202 for the purpose of investigating, enforcing, or prosecuting laws or issuing citations by state or local law enforcement agencies related to the: registration and renewal of registration of a motor vehicle under Title 41, Chapter 1a, Motor Vehicle Act; registration and renewal of registration of a motorboat under Title 73, Chapter 18, State Boating Act; purchase of a motor vehicle or motorboat under Title 59, Chapter 12, Sales and Use Tax Act; and owner's or operator's security requirements under Sectionor; 41-12a-301 73-18c-304 upon request of a peace officer acting in an official capacity under the provisions of Subsection (2)(d), the department or the designated agent shall, upon request, disclose relevant information for investigation, enforcement, or prosecution; for the purpose of the state auditor, the legislative auditor general, or other auditor of the state conducting audits of the program; upon request of a financial institution as defined under Sectionfor the purpose of protecting the financial institution's bona fide security interest in a motor vehicle or motorboat; 7-1-103 upon the request of a state or local law enforcement agency for the purpose of investigating and prosecuting identity theft and other crimes; and the designated agent shall provide information from the database regarding a towed vehicle to the vehicle owner's insurance company of record at the time the vehicle was towed, including, if available, the name, address, and contact information of the tow yard where the vehicle is stored.
(3) The department may allow the designated agent to prepare and deliver upon request, a report on the insurance information of a person or motor vehicle or motorboat in accordance with this section. The report may be in the form of: a certified copy that is considered admissible in any court proceeding in the same manner as the original; or information accessible through the Internet or through other electronic medium if the department determines that sufficient security is provided to ensure compliance with this section. The department may allow the designated agent to charge a fee established by the department under Sectionfor each: 63J-1-504 document authenticated, including each certified copy; record accessed by the Internet or by other electronic medium; and record provided to a financial institution under Subsection (2)(g).
(4) A person who knowingly releases or discloses information from the database for a purpose other than those authorized in this section or to a person who is not entitled to it is guilty of a third degree felony.
(5) An insurer is not liable to any person for complying with Sectionsandby providing information to the designated agent. 31A-22-315 31A-22-315.5
(6) Neither the state nor the department's designated agent is liable to any person for gathering, managing, or using the information in the database as provided in Sectionsandand this part. 31A-22-315 31A-22-315.5