Can a Texas government agency release a vehicle's VIN under the open records law?

TX AG Opinion GA-0673: Can a government body disclose a VIN that carries no personal information?

Plain-English summary

A state representative asked whether, under Public Information Act section 552.130(a), a governmental body may publicly disclose a manufacturer's permanent vehicle identification number (VIN) when the VIN is not accompanied by or identified with any personal information about an individual.

The Public Information Act makes public information available, but section 552.130 excepts certain motor-vehicle-related information from required disclosure: information that "relates to" a driver's license or permit, a vehicle title or registration, or a personal identification document issued by a state or local agency. Information described by that section may be released only as authorized by Transportation Code chapter 730.

The opinion noted no court decision, AG opinion, or open records decision had answered the question, and that the office's informal letter rulings (which are not precedent) had gone both ways on VINs. Treating it as a novel question, the opinion focused on the phrase "relates to," which ordinarily means pertaining to, associated with, or connected with. Although that phrase can be read broadly, the question concerned a VIN already separated from any personal or identifying information in the listed documents. In that situation, the opinion reasoned, the relationship has been severed: a stand-alone VIN does not relate to a motor vehicle title or registration, so section 552.130 does not apply. Finding no other law requiring an isolated VIN to be withheld, the opinion concluded section 552.130 does not prohibit disclosure of a VIN that carries no personal information about any individual.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The Public Information Act and the motor-vehicle records statutes have been amended since 2008. Confirm the current text of section 552.130 and Transportation Code chapter 730 before relying on this analysis.

Who this opinion affected (as of 2008)

Governmental bodies handling records requests: The opinion concluded they were not required by section 552.130 to withhold a VIN that was fully severed from personal information.

Requestors and the public: The opinion treated a stand-alone VIN as outside the section 552.130 exception, so it was disclosable absent some other withholding law.

The Open Records Division: The opinion noted its informal letter rulings had reached differing results on VINs and were not precedent, so it resolved the question as a matter of law.

Common questions

Could a government body release a VIN under the open records law?
Yes, if the VIN was not accompanied by or identifying any personal information. The opinion concluded section 552.130 did not require withholding such a stand-alone VIN.

Why isn't a VIN covered by the motor-vehicle records exception?
Section 552.130 excepts information that "relates to" listed documents. The opinion reasoned that once a VIN is severed from personal or identifying information, that relationship is broken, so the VIN no longer relates to a title or registration.

Did past office rulings settle this?
No. The opinion explained that the Open Records Division's informal letter rulings, which had gone both ways, apply only to specific documents and are not treated as precedent.

Would a VIN attached to a name or address be different?
The opinion's conclusion was limited to a VIN not accompanied by and not identifying any personal information; it did not authorize releasing a VIN bundled with personal data.

Background and statutory framework

A VIN is a manufacturer-assigned series of letters and numbers identifying a motor vehicle, located inside the passenger compartment but readable from outside (49 C.F.R. §§ 565.1, 565.3, 565.4, 565.13 (2007)). The Public Information Act makes public information available (Tex. Gov't Code Ann. § 552.021 (Vernon 2004)), but section 552.130 excepts information relating to a driver's license or permit, a vehicle title or registration, or a personal identification document, releasable only as authorized by Transportation Code chapter 730 (id. § 552.130(a)-(b)). Section 552.130 was adopted by a 1997 act on the release and use of personal information from motor vehicle records. Neither section 552.130 nor chapter 730 (the Motor Vehicle Records Disclosure Act) expressly refers to VINs, though VINs appear on certificates of title and registration applications (Tex. Transp. Code Ann. §§ 730.001-.016 (Vernon 1999 & Supp. 2008); § 501.021(a)(4) (Vernon 2007); § 502.151(b)(6)). The phrase "related to" ordinarily means pertaining to, associated with, or connected with (Univ. of Tex. Law Sch. v. Tex. Legal Found., 958 S.W.2d 479, 483 (Tex. App.-Austin 1997, no pet.)). The opinion held that a VIN severed from personal information no longer relates to the listed instruments, so section 552.130 does not require its withholding.

Citations

Statutes and regulations:

• Tex. Gov't Code Ann. § 552.021; § 552.130(a)-(b) (Vernon 2004)
• Tex. Transp. Code Ann. §§ 730.001-.016 (Vernon 1999 & Supp. 2008)
• Tex. Transp. Code Ann. § 501.021(a)(4) (Vernon 2007); § 502.151(b)(6)
• 49 C.F.R. §§ 565.1, 565.3, 565.4, 565.13 (2007)

Cases:

• Univ. of Tex. Law Sch. v. Tex. Legal Found., 958 S.W.2d 479, 483 (Tex. App.-Austin 1997, no pet.)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0673
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2008/ga0673.pdf

Original opinion text

ATTORNEY GENERAL OF TEXAS

GREG ABBOTT

October 22, 2008

The Honorable Joe Driver
Chair, Committee on Law Enforcement
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910

Opinion No. GA-0673

Re: Whether Government Code chapter 552, the Public Information Act, prohibits the disclosure of a vehicle identification number if the number is not accompanied by or identified with any personal information about any individual (RQ-0704-GA)

Dear Representative Driver:

You ask:

Under section 552.130(a) of the PIA [Public Information Act], may a governmental body publicly disclose a manufacturer's permanent vehicle identification number ("VIN"), if the VIN is not accompanied by or identified with any personal information about any individual?

A VIN, a series of letters and numbers assigned by a manufacturer to a motor vehicle to identify it, is located inside the passenger compartment but readable from outside of the vehicle. See 49 C.F.R. §§ 565.3(o), 565.4(f), 565.13(f) (2007). Its purpose is to identify vehicles. Id. § 565.1.

The PIA, Government Code chapter 552, provides in section 552.021 that public information in the custody of a governmental body "is available to the public at a minimum during the normal business hours of the governmental body." TEX. GOV'T CODE ANN. § 552.021 (Vernon 2004). Certain categories of information are expressly excepted from required disclosure to the public, including the information described by Government Code section 552.130:

(a) Information is excepted from the requirements of Section 552.021 if the information relates to:

(1) a motor vehicle operator's or driver's license or permit issued by an agency of this state;

(2) a motor vehicle title or registration issued by an agency of this state; or

(3) a personal identification document issued by an agency of this state or a local agency authorized to issue an identification document.

(b) Information described by Subsection (a) may be released only if, and in the manner, authorized by Chapter 730, Transportation Code.

Id. § 552.130.

We find no judicial decision, attorney general opinion, or open records decision of this office addressing your question. Informal letter rulings issued by the Open Records Division of this office have determined in particular circumstances that VINs must be withheld under section 552.130(a)(2) as information that "relates to a motor vehicle title or registration issued by an agency of this state." See Tex. Att'y Gen. OR2007-00066, at 2, OR2004-0610, at 1; but see Tex. Att'y Gen. OR2008-06797, at 2 (VIN from Louisiana document may not be withheld pursuant to section 552.130). However, informal letter rulings apply only to the specific documents and circumstances surrounding them, and they are not considered precedent by this office. Accordingly, we treat your question as raising a novel question of law.

Section 552.130(a) excepts from public disclosure "information [that] relates to" the following instruments issued by an agency of the state: (1) a motor vehicle operator's license or permit; (2) a motor vehicle title or registration; or (3) a personal identification document. TEX. GOV'T CODE ANN. § 552.130(a) (Vernon 2004). Section 552.130 was adopted by a bill "relating to the release and use of certain personal information from motor vehicle records." See Act of May 29, 1997, 75th Leg., R.S., ch. 1187, §§ 1, 4, 1997 Tex. Gen. Laws 4575, 4580 (title). The legal question here is whether a VIN, severed from any information you describe as "personal," relates to the instruments listed in section 552.130(a) such that the VIN would be excepted from required public disclosure.

"Ordinarily, the words 'related to' mean 'pertaining to,' 'associated with,' or 'connected with.'" Univ. of Tex. Law Sch. v. Tex. Legal Found., 958 S.W.2d 479, 483 (Tex. App.-Austin 1997, no pet.) (quoting Webster's Third International Dictionary 1916 (3d ed. 1986)). The term "related to" has at times been construed broadly. See id. at 481, 483 (construing the term "information relating to litigation" in Government Code section 552.103). However, you are inquiring about VINs that have been separated from any personal information or identifying information in the documents listed in section 552.130(a). In that case, the "relationship" has been severed, and the VIN number does not relate to a motor vehicle title or registration and, as such, is not subject to section 552.130. Further, we find no other law requiring a governmental body to withhold a VIN that is completely severed and isolated from any other identifying information. We conclude that Government Code section 552.130 does not prohibit a governmental body from publicly disclosing a manufacturer's permanent VIN if the VIN is not accompanied by personal information about any individual and does not identify any individual.

SUMMARY

Government Code section 552.130(a) does not prohibit a governmental body from publicly disclosing a manufacturer's permanent vehicle identification number ("VIN"), if the VIN is not accompanied by or identified with any personal information about any individual.

Very truly yours,

KENT C. SULLIVAN
First Assistant Attorney General

ANDREW WEBER
Deputy Attorney General for Legal Counsel

NANCY S. FULLER
Chair, Opinion Committee

Susan L. Garrison
Assistant Attorney General, Opinion Committee

Footnotes:

1 Letter from Honorable Joe Driver, Chair, Committee on Law Enforcement, Texas House of Representatives, to Honorable Greg Abbott, Attorney General of Texas, at 2 (Apr. 24, 2008) (on file with the Opinion Committee, also available at www.texasattorneygeneral.gov) [hereinafter Request Letter].

2 See policy statement on informal letter rulings at http://www.oag.state.tx.us/open/index_orl.php (last visited Oct. 22, 2008).

3 Neither section 552.130 nor Transportation Code chapter 730, the Motor Vehicle Records Disclosure Act, expressly refers to VINs. See TEX. TRANSP. CODE ANN. §§ 730.001-.016 (Vernon 1999 & Supp. 2008). However, VINs must be included on motor vehicle certificates of title issued by the Department of Transportation under Transportation Code chapter 501, the Certificate of Title Act. See id. § 501.021(a)(4) (Vernon 2007). VINs must also be included on applications to register a new vehicle. See id. § 502.151(b)(6). The registration sticker placed on the vehicle's windshield displays the partial VIN.

4 You asked a second question, contingent on a conclusion that Government Code section 552.130 prohibits a governmental body from disclosing a VIN that is not accompanied by or identified with any personal information about any individual. See Request Letter, supra note 1, at 2. In view of our answer to your first question, we need not answer your second question.