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Dealer Service Records and Privacy Laws ?

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Old 09-19-2018, 12:15 PM
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8Lug
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Default Dealer Service Records and Privacy Laws ?

Curious if anyone has any legal insight on a dealer's ability to provide service records to a third party. In my year long search for a certain 997, I've contacted about a dozen Porsche dealers in order to get service records on cars that I was interested in and that they have serviced. In most cases the dealers were very helpful and provided me with the requested records (after redacting any personal customer info) but some dealers refused to do it, citing privacy laws. I would always push back stating that privacy laws protect individuals, and not cars, so as long as they were not releasing any customer info they should be able to share with me any service performed on a specific vehicle. Does anyone know if there are any actual laws which would prohibit a dealer from sharing service records (with no customer info)? I understand that his could vary by state.
Old 09-19-2018, 12:19 PM
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ThomasCarreraGTS
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Originally Posted by 8Lug
Curious if anyone has any legal insight on a dealer's ability to provide service records to a third party. In my year long search for a certain 997, I've contacted about a dozen Porsche dealers in order to get service records on cars that I was interested in and that they have serviced. In most cases the dealers were very helpful and provided me with the requested records (after redacting any personal customer info) but some dealers refused to do it, citing privacy laws. I would always push back stating that privacy laws protect individuals, and not cars, so as long as they were not releasing any customer info they should be able to share with me any service performed on a specific vehicle. Does anyone know if there are any actual laws which would prohibit a dealer from sharing service records (with no customer info)? I understand that his could vary by state.

In my experience, Porsche dealer service managers have always provided me with copies of all the previous invoices, but with the previous owners name, address and number blocked out. I did have a Lexus dealer back in 2006 refuse, citing the same thing you were told. I suspect it really comes down to the individual dealership and personnel.
Old 09-19-2018, 12:40 PM
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vanwinkl
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Same experience for me at Porsche dealer in Plano - printed out all service records they had on the car with previous owner's info redacted.

Seth
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Old 09-19-2018, 03:11 PM
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BillNye
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I'm not an expert about privacy law, but more likely than not it's just a cop out. There is nothing that says they must help you, so it's easier to politely decline and blame "laws".
That said, it doesn't mean the dealer is being unhelpful, or trying to hide something, or doesn't like you. The service manager may not want to risk getting chewed out for doing something wrong for a reason they didn't know about.

Because it's an issue between two parties based on whether or not one caused loss or harm to the other(s), there is multiple ways that somebody could bring legal action against a dealer for this sort of disclosure. I can think of several situations off the top of my head where somebody could file suit against the dealer.

For example, due to a record keeping mistake the dealer provided information that was inaccurate, resulting in loss of the sale. Maybe the seller claimed the dealer changed his oil every 3000mi, but the dealer didn't record it and said the car had never been there. Or maybe the dealer typed the wrong VIN after they replaced the engine on another customers car. Dealer gives somebody the service records, and that person "does everybody a favor" by posting in the seller's Rennlist thread that the seller is dishonest and trying to conceal the car's history.
Or, a customer could have a contract with the dealer to not disclose records associated with their car so that their spouse wouldn't find out they were cheating becuase they told their spouse they were in one state, but took their car to be serviced at a dealer in a different state.
Or, maybe the seller of the vehicle had seats/carpet replaced after a particularly bad case of stomach distress. Seller doesn't disclose that the seats had been replaced because he is ashamed of his stomach issue (and it's immaterial to the condition of the vehicle). He is the only owner of the vehicle so any service records would ostensibly identify him. Because the dealer revealed the undisclosed seat replacement the buyer cancels the sale.
Maybe the vehicle in question isn't even for sale. You wouldn't want some dealer handing over the receipts for work you had done to anybody who asked, would you?

Kind of ridiculous examples, but I've seen weirder things.
Old 09-19-2018, 03:30 PM
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8Lug
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All valid points, BillNye. I get why some dealers wouldn't want to do it, but what I'm really asking is if there are any actual state laws prohibiting it.
Old 09-19-2018, 05:46 PM
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PJorgen
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As noted, it probably varies from state to state. However, I know in California there are no laws preventing the release of vehicle maintenance records. I served as the Privacy Officer for a company that was subject to the HIPAA laws and got to be quite familiar with privacy laws.
Old 09-19-2018, 06:44 PM
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doclouie
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I have debated contacting the dealer where my car was originally purchased as I know it lived it’s life in the general area until I purchased it 7 months ago. Who would I speak to at the dealer and what is the best way to ask for these records?
Old 09-19-2018, 07:24 PM
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tomc_mets
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Originally Posted by doclouie
I have debated contacting the dealer where my car was originally purchased as I know it lived it’s life in the general area until I purchased it 7 months ago. Who would I speak to at the dealer and what is the best way to ask for these records?
I would start with the service manager. That's who I got the service records from for our Cali and 911. As others said, they were redacted...T
Old 09-19-2018, 08:44 PM
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groovzilla
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This whole Dealer not releasing service records issue started after 9/11 and all the issues pertaining to identity theft/etc.
Most dealers will not release the records unless the person who owned the vehicle at the time calls in a gives permission along with their id/etc. - Dealer faces liability issues by releasing them.
Sucks because a lot of cars I've owned were missing records and nothing I could do to obtain them.
Miss the days when the info was easily available with no BS
Old 09-20-2018, 01:17 PM
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linderpat
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This is not a privacy issue so long as all personal information about the owner is removed and the other information remaining cannot lead to identification of the individual. The vehicle itself, being a "thing" has no expectation of privacy. All domestic and EU privacy/data security laws apply to the protection of personal information of an individual (a human).

That said, there may be compelling business/competitive reasons why the dealer does not want to release the info. For instance, the records may contain things like hourly rates, time spent on a job, price charged for parts, and so on. The dealer may simply tout "privacy" as the reason to not release and divulge this information to a non-customer.
Old 09-20-2018, 05:46 PM
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Iceter
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I think you will find that if seeing the vehicle's service history is made a condition of sale, most dealers will forget about any "privacy" issues and give you what you want to see.

I have had dealers refuse to give me a history, and I have walked. I'm not about to plunk down five figures on a machine that the seller can't tell me anything about. I sure as heck won't do it for a machine where the seller has the information and won't show me.
Old 09-21-2018, 08:20 AM
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Tj40
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As dealers often release service information to CarFax without any problem I don't see how this can be a privacy law issue.....



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