Cool, let me know when I can start my own DMV and certify myself to drive without giving the government any information. Then it'll be like a business, and I won't care if they sell the data you willingly provide them.
Ironically, you'd have to hand your data over to the government to form the business, leaving you vulnerable to your data being sold anyways.
Plus, it's highly likely (based on existing private companies handling public works) that you'd have to provide your own name as a driver to the government for auditing and revocation purposes.
If you want legal rights from the government, you have to give them legal data. And for the purposes of transparency, you have to be able to get that data back out, which is likely how this particular loophole came about originally.