NOVEMBER 5, 2019 – With the DOT Clearinghouse now open for registration, the online system is already starting to collect personal information about drivers, employers and others tasked with creating an account. From addresses, to birth dates to CDL numbers, drivers must input a variety of private details into their accounts. Within the next few months, sensitive information related to drug and alcohol testing violations will also begin to appear.
The question many are asking is this: how will this information stay protected?
The DOT answered these privacy issues in a Notice that was published late last month in the Federal Register. The public now has until November 21 to review and submit comments on the Notice if there are questions or concerns about the plan for keeping users’ information safe.
Here are a few of the big takeaways from the publication.
Driver details, including name, date of birth, contact information, CLP/CDL number and their eligibility status will all be available in the Clearinghouse. Specifically, this will include:
Records in the Clearinghouse will be available for five years if the violation is resolved and the driver has completed the return-to-duty process. After this point, records will be archived for additional six years in a separate location before being destroyed.
For unresolved violations, the data will remain in the Clearinghouse for 70 years.
Authorized users of the Clearinghouse will be able to look up a driver’s record by entering the CDL holder’s name, date of birth, license number and the state of issuance.
Related Article: How the DOT Clearinghouse Will Impact Your Compliance Programs
Safety-sensitive drivers, employers, Substance Abuse Professionals, Medical Review Officers and state licensing agencies will have access to the Clearinghouse. In addition, the FMCSA is recommending that partner agencies of the Motor Carrier Safety Assistance Program also have access to “support enforcement of drug and alcohol use and testing regulations.”
You can read the full Federal Register notice here.
Because of the confidential information included in the Clearinghouse, users must adhere to both the requirements of the Privacy Act and the Fair Credit Reporting Act (FCRA) when accessing a driver’s information – and this starts with the required consents. To learn more about this process, as well as how Foley can help keep you compliant with your new Clearinghouse requirements, please give us a call at (860) 815-0762 or visit us online.