Full Text of SB2235 102nd General Assembly
SB2235ham001 102ND GENERAL ASSEMBLY | Rep. William Davis Filed: 5/12/2021
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| 1 | | AMENDMENT TO SENATE BILL 2235
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2235 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 |
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| 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 | | (d) By no later than December 31, 2011, the Authority | 22 | | shall establish a privacy policy regarding the collection and | 23 | | use of personally identifiable information. Upon its adoption, | 24 | | the policy shall be posted on the Authority's website and a | 25 | | copy shall be included with each transponder transmitted to a | 26 | | user. The policy shall include but need not be limited to the |
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| 1 | | following: | 2 | | (1) A description of the types of personally | 3 | | identifiable information collected by the Authority. | 4 | | (2) The categories of third-party persons or entities | 5 | | with whom the Authority may share personally identifiable | 6 | | information and for what purposes that information is | 7 | | shared. | 8 | | (3) The process by which the Authority notifies | 9 | | electronic toll collection system users of material | 10 | | changes to its privacy policy. | 11 | | (4) The process by which an electronic toll collection | 12 | | system user may review and request changes to any of his or | 13 | | her personally identifiable information. | 14 | | (5) The effective date of the privacy policy. | 15 | | (e) This Section does not prohibit the Authority from: | 16 | | (1) providing aggregated traveler information derived | 17 | | from collective data relating to a group or category of | 18 | | electronic toll collection system users from which | 19 | | personally identifiable information has been removed; | 20 | | (2) sharing data with another transportation agency or | 21 | | third-party vendor to comply with interoperability | 22 | | specifications and standards regarding electronic toll | 23 | | collection devices and technologies, provided that the | 24 | | other transportation agency or third-party vendor may not | 25 | | use personally identifiable information obtained under | 26 | | this Section for a purpose other than described in this |
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| 1 | | Section; | 2 | | (3) performing financial, legal and accounting | 3 | | functions such as billing, account settlement, toll | 4 | | violation enforcement, or other activities required to | 5 | | operate and manage its toll collection system; | 6 | | (4) communicating about products and services offered | 7 | | by itself, a business partner, or another public agency; | 8 | | (5) using personally identifiable information in | 9 | | research projects, provided that appropriate | 10 | | confidentiality restrictions are employed to protect | 11 | | against the unauthorized release of such information; | 12 | | (6) releasing personally identifiable information in | 13 | | response to a search warrant, grand jury, subpoena , or | 14 | | lawful order from a court of competent jurisdiction; | 15 | | (6.5) releasing personally identifiable information in | 16 | | response to a subpoena in a pending civil action or lawful | 17 | | order from a civil court of competent jurisdiction in | 18 | | accordance with the following: (i) the Authority must, as | 19 | | soon as practicable but no later than 7 days from its | 20 | | receipt of the subpoena or order, notify the electronic | 21 | | toll collection system user that it has received a | 22 | | subpoena or order that seeks the user's personally | 23 | | identifiable information, and that the user has the right | 24 | | to move to quash the subpoena or set aside the order in the | 25 | | issuing court; (ii) the Authority may use email to notify | 26 | | the user of this subpoena; and (iii) the Authority may |
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| 1 | | adopt rules to carry out this responsibility; | 2 | | (7) releasing personally identifiable information to | 3 | | law enforcement agencies if exigent circumstances make in | 4 | | the case of an emergency when obtaining a warrant or | 5 | | subpoena would be impractical; and | 6 | | (8) releasing personally identifiable information to | 7 | | the Authority's Inspector General , the Executive Inspector | 8 | | General, or, at the Authority Inspector General's | 9 | | direction, to law enforcement agencies under paragraphs | 10 | | (5) and (6) of subsection (f) of Section 8.5 of this Act. | 11 | | (f) In any agreement allowing another public entity to use | 12 | | the Authority's toll collection system in a transportation | 13 | | facility, the Authority shall require the other public entity | 14 | | to comply with the requirements of this Section. | 15 | | (g) Personally identifiable information generated through | 16 | | the
Authority's toll collection process that reveals the date, | 17 | | time, location or
direction of travel by an electronic toll | 18 | | collection system user shall be
exempt from release under the | 19 | | Illinois Freedom of Information Act. The
exemption in this | 20 | | subsection shall not apply to information that concerns (i)
| 21 | | the public duties of public employees and officials; (ii) | 22 | | whether an electronic toll
collection system user has paid | 23 | | tolls; (iii) whether the Authority is
enforcing toll violation | 24 | | penalties against electronic toll collection users
who do not | 25 | | pay tolls; (iv) accidents or other incidents that occur on | 26 | | highways under the jurisdiction of the
Authority; or (v) the |
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| 1 | | obligation, receipt, and use of the funds of the Authority. | 2 | | The exemption in this subsection (g) shall not be a limitation | 3 | | or restriction on other Freedom of Information Act exemptions | 4 | | applicable to personally identifiable information or private | 5 | | information.
| 6 | | (h) The Authority shall make personally identifiable | 7 | | information of a person available to any State or local | 8 | | agency, inspector general, or law enforcement agency in | 9 | | response to a grand jury subpoena or pursuant to an | 10 | | investigation. | 11 | | (i) The Authority shall discard personally identifiable | 12 | | information not required for account maintenance or | 13 | | enforcement within 5 years. The Authority shall make every | 14 | | effort, within practical business and cost constraints, to | 15 | | purge the personal account information of an account that is | 16 | | closed or terminated. In no case shall the Authority maintain | 17 | | personal information more than 5 years after the date an | 18 | | account is closed or terminated unless required by another | 19 | | statute. | 20 | | (j) Nothing in this Section precludes compliance with a | 21 | | court order that has been issued or settlement agreement that | 22 | | has been approved on or before January 1, 2022. | 23 | | (Source: P.A. 97-342, eff. 8-12-11.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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