(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and distribution of information.
(a) Except as otherwise provided in this Section, the Secretary may make the
driver's license, vehicle and title registration lists, in part or in whole,
and any statistical information derived from these lists available to local
governments, elected state officials, state educational institutions, and all
other governmental units of the State and Federal
Government
requesting them for governmental purposes. The Secretary shall require any such
applicant for services to pay for the costs of furnishing such services and the
use of the equipment involved, and in addition is empowered to establish prices
and charges for the services so furnished and for the use of the electronic
equipment utilized.
(b) The Secretary is further empowered to and he may, in his discretion,
furnish to any applicant, other than listed in subsection (a) of this Section,
vehicle or driver data on a computer tape, disk, other electronic format or
computer processable medium, or printout at a fixed fee of $500, in advance, and require in addition a
further sufficient
deposit based upon the Secretary of State's estimate of the total cost of the
information requested and a charge of $50, per 1,000
units or part
thereof identified or the actual cost, whichever is greater. The Secretary is
authorized to refund any difference between the additional deposit and the
actual cost of the request. This service shall not be in lieu of an abstract
of a driver's record nor of a title or registration search. This service may
be limited to entities purchasing a minimum number of records as required by
administrative rule. The information
sold pursuant to this subsection shall be the entire vehicle or driver data
list, or part thereof. The information sold pursuant to this subsection
shall not contain personally identifying information unless the information is
to be used for one of the purposes identified in subsection (f-5) of this
Section. Commercial purchasers of driver and vehicle record databases shall
enter into a written agreement with the Secretary of State that includes
disclosure of the commercial use of the information to be purchased. (b-1) The Secretary is further empowered to and may, in his or her discretion, furnish vehicle or driver data on a computer tape, disk, or other electronic format or computer processible medium, at no fee, to any State or local governmental agency that uses the information provided by the Secretary to transmit data back to the Secretary that enables the Secretary to maintain accurate driving records, including dispositions of traffic cases. This information may be provided without fee not more often than once every 6 months.
(c) Secretary of State may issue registration lists. The Secretary
of State may compile a list of all registered
vehicles. Each list of registered vehicles shall be arranged serially
according to the registration numbers assigned to registered vehicles and
may contain in addition the names and addresses of registered owners and
a brief description of each vehicle including the serial or other
identifying number thereof. Such compilation may be in such form as in the
discretion of the Secretary of State may seem best for the purposes intended.
(d) The Secretary of State shall furnish no more than 2 current available
lists of such registrations to the sheriffs of all counties and to the chiefs
of police of all cities and villages and towns of 2,000 population and over
in this State at no cost. Additional copies may be purchased by the sheriffs
or chiefs of police at the fee
of $500 each or at the cost of producing the list as determined
by the Secretary of State. Such lists are to be used for governmental
purposes only.
(e) (Blank).
(e-1) (Blank).
(f) The Secretary of State shall make a title or registration search of the
records of his office and a written report on the same for any person, upon
written application of such person, accompanied by a fee of $5 for
each registration or title search. The written application shall set forth
the intended use of the requested information. No fee shall be charged for a
title or
registration search, or for the certification thereof requested by a government
agency. The report of the title or registration search shall not contain
personally identifying information unless the request for a search was made for
one of the purposes identified in subsection (f-5) of this Section. The report of the title or registration search shall not contain highly
restricted personal
information unless specifically authorized by this Code.
The Secretary of State shall certify a title or registration record upon
written request. The fee for certification shall be $5 in addition
to the fee required for a title or registration search. Certification shall
be made under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or registrant of
the request for purchase of his title or registration information as the
Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day
period. This 10-day period shall not apply to requests for
information made by law enforcement officials, government agencies,
financial institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are
acting on
behalf of law enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile associated businesses,
and other business entities for purposes consistent with the Illinois Vehicle
Code, the vehicle owner or registrant or other entities as the Secretary may
exempt by rule and regulation.
Any misrepresentation made by a requester of title or vehicle information
shall be punishable as a petty offense, except in the case of persons
licensed as a private detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under Section 40-10 of the
Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(f-5) The Secretary of State shall not disclose or otherwise make
available to
any person or entity any personally identifying information obtained by the
Secretary
of State in connection with a driver's license, vehicle, or title registration
record
unless the information is disclosed for one of the following purposes:
(1) For use by any government agency, including any court or law enforcement agency, in |
(f-6) The Secretary of State shall not disclose or otherwise make
available to any
person or entity any highly restricted personal information obtained by the
Secretary of
State in connection with a driver's license, vehicle, or
title registration
record unless
specifically authorized by this Code.
(g) 1. The Secretary of State may, upon receipt of a written request
and a fee as set forth in Section 6-118, furnish to the person or agency so requesting a
driver's record or data contained therein. Such document may include a record of: current driver's
license issuance information, except that the information on judicial driving
permits shall be available only as otherwise provided by this Code;
convictions; orders entered revoking, suspending or cancelling a
driver's
license or privilege; and notations of crash involvement. All other
information, unless otherwise permitted by
this Code, shall remain confidential. Information released pursuant to a
request for a driver's record shall not contain personally identifying
information, unless the request for the driver's record was made for one of the
purposes set forth in subsection (f-5) of this Section. The Secretary of State may, without fee, allow a parent or guardian of a person under the age of 18 years, who holds an instruction permit or graduated driver's license, to view that person's driving record online, through a computer connection.
The parent or guardian's online access to the driving record will terminate when the instruction permit or graduated driver's license holder reaches the age of 18.
2. The Secretary of State shall not disclose or otherwise make available
to any
person or
entity any highly restricted personal information obtained by the Secretary of
State in
connection with a driver's license, vehicle, or title
registration record
unless specifically
authorized by this Code. The Secretary of State may certify an abstract of a driver's record
upon written request therefor. Such certification
shall be made under the signature of the Secretary of State and shall be
authenticated by the Seal of his office.
3. All requests for driving record information shall be made in a manner
prescribed by the Secretary and shall set forth the intended use of the
requested information.
The Secretary of State may notify the affected driver of the request
for purchase of his driver's record as the Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day
period. This 10-day period shall not apply to requests for information
made by law enforcement officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated businesses, persons
licensed as a private detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act
of 2004,
who are employed by or are acting on behalf of law enforcement officials,
government agencies, financial institutions, attorneys, insurers, employers,
automobile associated businesses, and other business entities for purposes
consistent with the Illinois Vehicle Code, the affected driver or other
entities as the Secretary may exempt by rule and regulation.
Any misrepresentation made by a requester of driver information shall
be punishable as a petty offense, except in the case of persons licensed as
a private detective or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 40-10 of the Private
Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
4. The Secretary of State may furnish without fee, upon the written
request of a law enforcement agency, any information from a driver's
record on file with the Secretary of State when such information is required
in the enforcement of this Code or any other law relating to the operation
of motor vehicles, including records of dispositions; documented
information involving the use of a motor vehicle; whether such individual
has, or previously had, a driver's license; and the address and personal
description as reflected on said driver's record.
5. Except as otherwise provided in this Section, the Secretary of
State may furnish, without fee, information from an individual driver's
record on file, if a written request therefor is submitted
by any public transit system or authority, public defender, law enforcement
agency, a state or federal agency, or an Illinois local intergovernmental
association, if the request is for the purpose of a background check of
applicants for employment with the requesting agency, or for the purpose of
an official investigation conducted by the agency, or to determine a
current address for the driver so public funds can be recovered or paid to
the driver, or for any other purpose set forth in subsection (f-5)
of this Section.
The Secretary may also furnish the courts a copy of an abstract of a
driver's record, without fee, subsequent to an arrest for a violation of
Section 11-501 or a similar provision of a local ordinance. Such abstract
may include records of dispositions; documented information involving
the use of a motor vehicle as contained in the current file; whether such
individual has, or previously had, a driver's license; and the address and
personal description as reflected on said driver's record.
6. Any certified abstract issued by the Secretary of State or
transmitted electronically by the Secretary of State pursuant to this
Section,
to a court or on request of a law enforcement agency, for the record of a
named person as to the status of the person's driver's license shall be
prima facie evidence of the facts therein stated and if the name appearing
in such abstract is the same as that of a person named in an information or
warrant, such abstract shall be prima facie evidence that the person named
in such information or warrant is the same person as the person named in
such abstract and shall be admissible for any prosecution under this Code and
be admitted as proof of any prior conviction or proof of records, notices, or
orders recorded on individual driving records maintained by the Secretary of
State.
7. Subject to any restrictions contained in the Juvenile Court Act of
1987, and upon receipt of a proper request and a fee as set forth in Section 6-118, the
Secretary of
State shall provide a driver's record or data contained therein to the affected driver, or the affected
driver's attorney, upon verification. Such record shall contain all the
information referred to in paragraph 1 of this subsection (g) plus: any
recorded crash involvement as a driver; information recorded pursuant to
subsection (e) of Section 6-117 and paragraph (4) of subsection (a) of
Section 6-204 of this Code. All other information, unless otherwise permitted
by this Code, shall remain confidential.
(h) The Secretary shall not disclose social security numbers or any associated information obtained from the Social Security Administration except pursuant
to a written request by, or with the prior written consent of, the
individual except: (1) to officers and employees of the Secretary
who
have a need to know the social security numbers in performance of their
official duties, (2) to law enforcement officials for a civil or
criminal law enforcement investigation, and if an officer of the law enforcement
agency has made a written request to the Secretary specifying the law
enforcement investigation for which the social security numbers are being
sought, though the Secretary retains the right to require additional verification regarding the validity of the request, (3) to the United States Department of Transportation, or any other
State, pursuant to the administration and enforcement of the Commercial
Motor Vehicle Safety Act of 1986 or participation in State-to-State verification service, (4) pursuant to the order of a court
of competent jurisdiction, (5) to the Department of Healthcare and Family Services (formerly Department of Public Aid) for
utilization
in the child support enforcement duties assigned to that Department under
provisions of the Illinois Public Aid Code after the individual has received advanced
meaningful notification of what redisclosure is sought by the Secretary in
accordance with the federal Privacy Act, (5.5) to the Department of Healthcare and Family Services and the Department of Human Services solely for the purpose of verifying Illinois residency where such residency is an eligibility requirement for benefits under the Illinois Public Aid Code or any other health benefit program administered by the Department of Healthcare and Family Services or the Department of Human Services, (6) to the Illinois Department of Revenue solely for use by the Department in the collection of any tax or debt that the Department of Revenue is authorized or required by law to collect, provided that the Department shall not disclose the social security number to any person or entity outside of the Department, (7) to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status, or (8) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter registration list maintenance system. If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only.
(i) (Blank).
(j) Medical statements or medical reports received in the Secretary of
State's Office shall be confidential. Except as provided in this Section, no confidential information may be
open to public inspection or the contents disclosed to anyone, except
officers and employees of the Secretary who have a need to know the information
contained in the medical reports and the Driver License Medical Advisory
Board, unless so directed by an order of a court of competent jurisdiction. If the Secretary receives a medical report regarding a driver that does not address a medical condition contained in a previous medical report, the Secretary may disclose the unaddressed medical condition to the driver or his or her physician, or both, solely for the purpose of submission of a medical report that addresses the condition.
(k) Beginning July 1, 2023, disbursement of fees collected under this Section shall be as follows: (1) of the $20 fee for a driver's record, $11 shall be paid into the Secretary of State Special Services Fund, and $6 shall be paid into the General Revenue Fund; (2) 50% of the amounts collected under subsection (b) shall be paid into the General Revenue Fund; and (3) all remaining fees shall be disbursed under subsection (g) of Section 2-119 of this Code.
(l) (Blank).
(m) Notations of crash involvement that may be disclosed under this
Section shall not include notations relating to damage to a vehicle or other
property being transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m) shall limit
disclosure of any notification of crash involvement to any law enforcement
agency or official.
(n) Requests made by the news media for driver's license, vehicle, or
title registration information may be furnished without charge or at a reduced
charge, as determined by the Secretary, when the specific purpose for
requesting the documents is deemed to be in the public interest. Waiver or
reduction of the fee is in the public interest if the principal purpose of the
request is to access and disseminate information regarding the health, safety,
and welfare or the legal rights of the general public and is not for the
principal purpose of gaining a personal or commercial benefit.
The information provided pursuant to this subsection shall not contain
personally identifying information unless the information is to be used for one
of the
purposes identified in subsection (f-5) of this Section.
(o) The redisclosure of personally identifying information
obtained
pursuant
to this Section is prohibited, except to the extent necessary to effectuate the
purpose
for which the original disclosure of the information was permitted.
(p) The Secretary of State is empowered to adopt rules
to
effectuate this Section.
(Source: P.A. 102-982, eff. 7-1-23; 103-8, eff. 7-1-23.)
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