State auditor's review: MO Department of Revenue violated law by scanning licenses

A review issued today by Missouri State Auditor Thomas Schweich says the State Department of Revenue broke the law when it scanned driver's licenses and other documents.

Our review determined the DOR did not consider certain risks to data collected during the DL application process, and violated state law by failing to promulgate a rule before requiring contract license offices to begin scanning certain DL and ID application documents (including Concealed Carry Certificates of Qualification). However, had the DOR promulgated a rule allowing scanning, the rule would have violated Section 302.183, RSMo. Either way a violation of state law occurred. In addition, the legislature should consider amending the law so that DOR can take actions to make DLs and IDs more secure while also protecting the personal information of private citizens. Finally, Missouri State Highway Patrol (MSHP) actions to share concealed carry endorsement license data complied with state law; however, the DOR and the OA-ITSD lacked a written agreement authorizing the OA-ITSD to provide this information to other entities.

The review also explained why the Highway Patrol did not violate the law when it shared conceal-carry information with the federal government:

MSHP actions to share the concealed carry endorsement list with the SSA investigator appear to be authorized under state law. Section 43.659, RSMo, allows the MSHP to enter into a memorandum of understanding with other governmental agencies including the federal government. While Section 571.101.9, RSMo, makes concealed carry holder information a closed record, Section 610.120, RSMo, states that closed records may be accessible to federal agencies for investigative purposes, and Missouri Attorney General's Opinion No.106, 1996 to McManaman, referred to case law which held that closed records are available to law enforcement and federal agencies for investigative purposes regardless of a statutory provision closing these records. According to Title 5, Section 6 of the Inspector General Act, the Office of the Inspector General is authorized as a law enforcement agency. Based on this information, the MSHP provided the information to a law enforcement agency as legally permitted.