Full Text of SB2235 102nd General Assembly
SB2235eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | person who subscribes to an electronic toll collection system | 18 | | or any natural person who uses a tolled transportation | 19 | | facility that employs the Authority's electronic toll | 20 | | collection system. | 21 | | "Personally identifiable information" means any | 22 | | information that identifies or describes an electronic toll | 23 | | collection system user, including but not limited to travel |
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| 1 | | pattern data, address, telephone number, e-mail address, | 2 | | license plate number, photograph, bank account information, or | 3 | | credit card number. | 4 | | (b) Except as otherwise provided in this Section, the | 5 | | Authority may not sell or otherwise provide to any person or | 6 | | entity personally identifiable information of any electronic | 7 | | toll collection system user that the Authority obtains through | 8 | | the operation of its electronic toll collection system. | 9 | | (c) The Authority may, within practical business and cost | 10 | | constraints, store personally identifiable information of an | 11 | | electronic toll collection system user only if the information | 12 | | is required to perform account functions such as billing, | 13 | | account settlement, or toll violation enforcement activities. | 14 | | Records identifying a specific instance of travel by a | 15 | | specific person or vehicle shall be used only as required to | 16 | | ensure the payment and enforcement of tolls and for law | 17 | | enforcement purposes. | 18 | | (d) By no later than December 31, 2011, the Authority | 19 | | shall establish a privacy policy regarding the collection and | 20 | | use of personally identifiable information. Upon its adoption, | 21 | | the policy shall be posted on the Authority's website and a | 22 | | copy shall be included with each transponder transmitted to a | 23 | | user. The policy shall include but need not be limited to the | 24 | | following: | 25 | | (1) A description of the types of personally | 26 | | identifiable information collected by the Authority. |
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| 1 | | (2) The categories of third-party persons or entities | 2 | | with whom the Authority may share personally identifiable | 3 | | information and for what purposes that information is | 4 | | shared. | 5 | | (3) The process by which the Authority notifies | 6 | | electronic toll collection system users of material | 7 | | changes to its privacy policy. | 8 | | (4) The process by which an electronic toll collection | 9 | | system user may review and request changes to any of his or | 10 | | her personally identifiable information. | 11 | | (5) The effective date of the privacy policy. | 12 | | (e) This Section does not prohibit the Authority from: | 13 | | (1) providing aggregated traveler information derived | 14 | | from collective data relating to a group or category of | 15 | | electronic toll collection system users from which | 16 | | personally identifiable information has been removed; | 17 | | (2) sharing data with another transportation agency or | 18 | | third-party vendor to comply with interoperability | 19 | | specifications and standards regarding electronic toll | 20 | | collection devices and technologies, provided that the | 21 | | other transportation agency or third-party vendor may not | 22 | | use personally identifiable information obtained under | 23 | | this Section for a purpose other than described in this | 24 | | Section; | 25 | | (3) performing financial, legal and accounting | 26 | | functions such as billing, account settlement, toll |
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| 1 | | violation enforcement, or other activities required to | 2 | | operate and manage its toll collection system; | 3 | | (4) communicating about products and services offered | 4 | | by itself, a business partner, or another public agency; | 5 | | (5) using personally identifiable information in | 6 | | research projects, provided that appropriate | 7 | | confidentiality restrictions are employed to protect | 8 | | against the unauthorized release of such information; | 9 | | (6) releasing personally identifiable information in | 10 | | response to a warrant, grand jury, subpoena , or lawful | 11 | | order from a court of competent jurisdiction; | 12 | | (7) releasing personally identifiable information to | 13 | | law enforcement agencies if exigent circumstances make in | 14 | | the case of an emergency when obtaining a warrant or | 15 | | subpoena would be impractical; and | 16 | | (8) releasing personally identifiable information to | 17 | | the Authority's Inspector General or, at the Inspector | 18 | | General's direction, to law enforcement agencies under | 19 | | paragraphs (5) and (6) of subsection (f) of Section 8.5 of | 20 | | this Act. | 21 | | (f) In any agreement allowing another public entity to use | 22 | | the Authority's toll collection system in a transportation | 23 | | facility, the Authority shall require the other public entity | 24 | | to comply with the requirements of this Section. | 25 | | (g) Personally identifiable information generated through | 26 | | the
Authority's toll collection process that reveals the date, |
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| 1 | | time, location or
direction of travel by an electronic toll | 2 | | collection system user shall be
exempt from release under the | 3 | | Illinois Freedom of Information Act and the information shall | 4 | | be used for enforcement purposes with respect to toll | 5 | | collections as specified in this Act and any action brought by | 6 | | a prosecutor acting in such a capacity . The
exemption in this | 7 | | subsection shall not apply to information that concerns (i)
| 8 | | the public duties of public employees and officials; (ii) | 9 | | whether an electronic toll
collection system user has paid | 10 | | tolls; (iii) whether the Authority is
enforcing toll violation | 11 | | penalties against electronic toll collection users
who do not | 12 | | pay tolls; (iv) accidents or other incidents that occur on | 13 | | highways under the jurisdiction of the
Authority; or (v) the | 14 | | obligation, receipt, and use of the funds of the Authority. | 15 | | The exemption in this subsection (g) shall not be a limitation | 16 | | or restriction on other Freedom of Information Act exemptions | 17 | | applicable to personally identifiable information or private | 18 | | information.
| 19 | | (h) The Authority shall make personally identifiable | 20 | | information of a person available in response to a grand jury | 21 | | subpoena and to a law enforcement agency pursuant to an | 22 | | investigation. | 23 | | (i) The Authority shall discard personally identifiable | 24 | | information within 5 years. The Authority shall make every | 25 | | effort, within practical business and cost constraints, to | 26 | | purge the personal account information of an account that is |
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| 1 | | closed or terminated. In no case shall the Authority maintain | 2 | | personal information more than 5 years after the date an | 3 | | account is closed or terminated. | 4 | | (j) Nothing in this Section precludes compliance with a | 5 | | court order or settlement agreement that has been approved on | 6 | | or before January 1, 2022. | 7 | | (Source: P.A. 97-342, eff. 8-12-11.)
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