Full Text of HB0112 102nd General Assembly
HB0112ham002 102ND GENERAL ASSEMBLY | Rep. Joe Sosnowski Filed: 4/19/2021
| | 10200HB0112ham002 | | LRB102 04132 LNS 25428 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 112
| 2 | | AMENDMENT NO. ______. Amend House Bill 112 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Toll Highway Act is amended by changing | 5 | | Section 19.1 as follows: | 6 | | (605 ILCS 10/19.1) | 7 | | Sec. 19.1. Confidentiality of personally identifiable | 8 | | information obtained through electronic toll collection | 9 | | system. | 10 | | (a) For purposes of this Section: | 11 | | "Electronic toll collection system" is a system where a | 12 | | transponder, camera-based vehicle identification system, or | 13 | | other electronic medium is used to deduct payment of a toll | 14 | | from a subscriber's account or to establish an obligation to | 15 | | pay a toll. | 16 | | "Electronic toll collection system user" means any natural |
| | | 10200HB0112ham002 | - 2 - | LRB102 04132 LNS 25428 a |
|
| 1 | | person who subscribes to an electronic toll collection system | 2 | | or any natural person who uses a tolled transportation | 3 | | facility that employs the Authority's electronic toll | 4 | | collection system. | 5 | | "Personally identifiable information" means any | 6 | | information that identifies or describes an electronic toll | 7 | | collection system user, including but not limited to travel | 8 | | pattern data, address, telephone number, e-mail address, | 9 | | license plate number, photograph, bank account information, or | 10 | | credit card number. | 11 | | (b) Except as otherwise provided in this Section, the | 12 | | Authority may not sell or otherwise provide to any person or | 13 | | entity personally identifiable information of any electronic | 14 | | toll collection system user that the Authority obtains through | 15 | | the operation of its electronic toll collection system. | 16 | | (c) The Authority may, within practical business and cost | 17 | | constraints, store personally identifiable information of an | 18 | | electronic toll collection system user only if the information | 19 | | is required to perform account functions such as billing, | 20 | | account settlement, or toll violation enforcement activities. | 21 | | Records identifying a specific instance of travel by a
| 22 | | specific person or vehicle shall be used only as required to
| 23 | | ensure the payment and enforcement of tolls and for law
| 24 | | enforcement purposes. | 25 | | (d) By no later than December 31, 2011, the Authority | 26 | | shall establish a privacy policy regarding the collection and |
| | | 10200HB0112ham002 | - 3 - | LRB102 04132 LNS 25428 a |
|
| 1 | | use of personally identifiable information. Upon its adoption, | 2 | | the policy shall be posted on the Authority's website and a | 3 | | copy shall be included with each transponder transmitted to a | 4 | | user. The policy shall include but need not be limited to the | 5 | | following: | 6 | | (1) A description of the types of personally | 7 | | identifiable information collected by the Authority. | 8 | | (2) The categories of third-party persons or entities | 9 | | with whom the Authority may share personally identifiable | 10 | | information and for what purposes that information is | 11 | | shared. | 12 | | (3) The process by which the Authority notifies | 13 | | electronic toll collection system users of material | 14 | | changes to its privacy policy. | 15 | | (4) The process by which an electronic toll collection | 16 | | system user may review and request changes to any of his or | 17 | | her personally identifiable information. | 18 | | (5) The effective date of the privacy policy. | 19 | | (e) This Section does not prohibit the Authority from: | 20 | | (1) providing aggregated traveler information derived | 21 | | from collective data relating to a group or category of | 22 | | electronic toll collection system users from which | 23 | | personally identifiable information has been removed; | 24 | | (2) sharing data with another transportation agency or | 25 | | third-party vendor to comply with interoperability | 26 | | specifications and standards regarding electronic toll |
| | | 10200HB0112ham002 | - 4 - | LRB102 04132 LNS 25428 a |
|
| 1 | | collection devices and technologies, provided that the | 2 | | other transportation agency or third-party vendor may not | 3 | | use personally identifiable information obtained under | 4 | | this Section for a purpose other than described in this | 5 | | Section; | 6 | | (3) performing financial, legal and accounting | 7 | | functions such as billing, account settlement, toll | 8 | | violation enforcement, or other activities required to | 9 | | operate and manage its toll collection system; | 10 | | (4) communicating about products and services offered | 11 | | by itself, a business partner, or another public agency; | 12 | | (5) using personally identifiable information in | 13 | | research projects, provided that appropriate | 14 | | confidentiality restrictions are employed to protect | 15 | | against the unauthorized release of such information; | 16 | | (6) releasing personally identifiable information in | 17 | | response to a search warrant or grand jury , subpoena ; | 18 | | (6.5) releasing personally identifiable information in | 19 | | response to a subpoena or lawful order from a court of | 20 | | competent jurisdiction in accordance with the following: | 21 | | (A) No party to any proceeding, nor his or her | 22 | | attorney, shall serve a subpoena seeking to obtain | 23 | | access to records or communications under this Act | 24 | | unless the subpoena is accompanied by a written order | 25 | | issued by a judge, or by the written consent of the | 26 | | person whose records are being sought, authorizing the |
| | | 10200HB0112ham002 | - 5 - | LRB102 04132 LNS 25428 a |
|
| 1 | | disclosure of the records or the issuance of the | 2 | | subpoena. | 3 | | (B) No such written order shall be issued without | 4 | | written notice of the motion to the person whose
| 5 | | personally identifiable information is being sought. | 6 | | (C) Prior to the issuance of the order, each party
| 7 | | or other person entitled to notice shall be permitted | 8 | | an opportunity to be heard. | 9 | | (D) In the absence of the written consent under | 10 | | this Act of the person whose records are being sought, | 11 | | the Authority shall not comply with a subpoena for | 12 | | records or communications under this Act unless the | 13 | | subpoena is accompanied by a written order authorizing
| 14 | | the issuance of the subpoena or the disclosure of the | 15 | | records. Each subpoena issued by a court or | 16 | | administrative agency shall include the following | 17 | | language: "The Authority shall not comply with a | 18 | | subpoena for personally identifiable information | 19 | | unless the subpoena is accompanied by a written order | 20 | | that authorizes the issuance of the subpoena and the | 21 | | disclosure of records or communications or by the | 22 | | written consent under of the person whose records are | 23 | | being sought." ; | 24 | | (7) releasing personally identifiable information to | 25 | | law enforcement agencies if exigent circumstances make in | 26 | | the case of an emergency when obtaining a warrant or |
| | | 10200HB0112ham002 | - 6 - | LRB102 04132 LNS 25428 a |
|
| 1 | | subpoena would be impractical; and | 2 | | (8) releasing personally identifiable information to | 3 | | the Authority's Inspector General or, at the Inspector | 4 | | General's direction, to law enforcement agencies under | 5 | | paragraphs (5) and (6) of subsection (f) of Section 8.5 of | 6 | | this Act. | 7 | | (f) In any agreement allowing another public entity to use | 8 | | the Authority's toll collection system in a transportation | 9 | | facility, the Authority shall require the other public entity | 10 | | to comply with the requirements of this Section. | 11 | | (g) Personally identifiable information generated through | 12 | | the
Authority's toll collection process that reveals the date, | 13 | | time, location or
direction of travel by an electronic toll | 14 | | collection system user shall be
exempt from release under the | 15 | | Illinois Freedom of Information Act and the information shall | 16 | | be used for enforcement purposes with respect to toll | 17 | | collections as specified in this Act and any action brought by
| 18 | | a prosecutor acting in such a capacity . The
exemption in this | 19 | | subsection shall not apply to information that concerns (i)
| 20 | | the public duties of public employees and officials; (ii) | 21 | | whether an electronic toll
collection system user has paid | 22 | | tolls; (iii) whether the Authority is
enforcing toll violation | 23 | | penalties against electronic toll collection users
who do not | 24 | | pay tolls; (iv) accidents or other incidents that occur on | 25 | | highways under the jurisdiction of the
Authority; or (v) the | 26 | | obligation, receipt, and use of the funds of the Authority. |
| | | 10200HB0112ham002 | - 7 - | LRB102 04132 LNS 25428 a |
|
| 1 | | The exemption in this subsection (g) shall not be a limitation | 2 | | or restriction on other Freedom of Information Act exemptions | 3 | | applicable to personally identifiable information or private | 4 | | information. | 5 | | (h) The Authority shall make personally identifiable | 6 | | information of a person available to any State or local | 7 | | agency, inspector general, or law enforcement agency in | 8 | | response to a grand jury subpoena or pursuant to an | 9 | | investigation. | 10 | | (i) The Authority shall discard personally identifiable | 11 | | information within 5 years. The Authority shall make every | 12 | | effort, within practical business and cost constraints, to | 13 | | purge the personal account information of an account that is | 14 | | closed or terminated. In no case shall the Authority maintain | 15 | | personal information more than 5 years after the date an | 16 | | account is closed or terminated. | 17 | | (j) Nothing in this Section precludes compliance with a | 18 | | court order that has been issued or settlement agreement that | 19 | | has been approved on or before January 1, 2022.
| 20 | | (Source: P.A. 97-342, eff. 8-12-11.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
|
|