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90_HB3610eng
New Act
625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123
Creates the Privacy Protection Act. Provides that no
Constitutional officer, nor any of the State agencies under
the jurisdiction of a Constitutional officer, may sell
information regarding Illinois citizens to any entity for
commercial solicitation purposes. Provides that a commercial
purchaser of a State database shall enter into an agreement
with the State agency that includes disclosure of the
commercial use of the intended purchase. Creates penalties.
Provides that the Act does not apply to the sale of
information by a public institution of higher education.
Amends the Illinois Vehicle Code. Provides that commercial
purchasers of title record databases shall enter into a
written agreement with the Secretary of State that includes
disclosure of the commercial use of the intended purchase.
Provides that commercial purchasers must agree that they
shall not use driver, vehicle, and title record databases for
commercial solicitation purposes or for criminal purposes and
provides for a penalty. Removes the provision that allows
persons to request that their personally identifiable
information not be used for commercial solicitation purposes.
Provides that the Secretary shall not knowingly disclose or
otherwise make available to any person or entity personal
information about any individual in connection with a motor
vehicle record, except as permitted under certain provisions
of the federal Driver's Privacy Protection Act of 1994.
Effective immediately.
LRB9008699SMdvB
HB3610 Engrossed LRB9008699SMdvB
1 AN ACT in relation to the sale of certain information.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Privacy Protection Act.
6 Section 5. Sale of information. Except as provided in
7 Section 10, no Constitutional officer, nor any of the State
8 agencies under the jurisdiction of a Constitutional officer,
9 may sell information regarding Illinois citizens to any
10 entity for commercial solicitation purposes. A commercial
11 purchaser of a State database shall enter into an agreement
12 with the State agency that includes disclosure of the
13 commercial use of the intended purchase. The purchaser must
14 agree that he or she shall not use the database for
15 commercial solicitation purposes or for criminal purposes. A
16 violation of this Section by a purchaser shall result in the
17 State's denial of sale of any databases to the purchaser for
18 a term of 5 years and a civil fine of $10,000, to be
19 deposited into the General Revenue Fund. As used in this
20 Act, "commercial solicitation purposes" means the use of a
21 State database to contact individuals for advertising,
22 offering for sale, marketing, or sale of products or
23 services, or identifying potential employees.
24 Section 10. Public institutions of higher education;
25 exception. This Act does not apply to the sale of
26 information by a public institution of higher education. As
27 used in this Act, "public institution of higher education"
28 has the meaning ascribed to that term in the Board of Higher
29 Education Act.
HB3610 Engrossed -2- LRB9008699SMdvB
1 Section 900. The Illinois Vehicle Code is amended by
2 changing Section 2-123 as follows:
3 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
4 Sec. 2-123. Sale and Distribution of Information.
5 (a) Except as otherwise provided in this Section, the
6 Secretary may make the driver's license, vehicle and title
7 registration lists, in part or in whole, and any statistical
8 information derived from these lists available to local
9 governments, elected state officials, state educational
10 institutions, public libraries and all other governmental
11 units of the State and Federal Government requesting them for
12 governmental purposes. The Secretary shall require any such
13 applicant for services to pay for the costs of furnishing
14 such services and the use of the equipment involved, and in
15 addition is empowered to establish prices and charges for the
16 services so furnished and for the use of the electronic
17 equipment utilized.
18 (b) The Secretary is further empowered to and he may, in
19 his discretion, furnish to any applicant, other than listed
20 in subsection (a) of this Section, vehicle or driver data on
21 a computer tape, disk, or printout at a fixed fee of $200 in
22 advance and require in addition a further sufficient deposit
23 based upon the Secretary of State's estimate of the total
24 cost of the information requested and a charge of $20 per
25 1,000 units or part thereof identified or the actual cost,
26 whichever is greater. The Secretary is authorized to refund
27 any difference between the additional deposit and the actual
28 cost of the request. This service shall not be in lieu of an
29 abstract of a driver's record nor of a title or registration
30 search. The information sold pursuant to this subsection
31 shall be the entire vehicle or driver data list, or part
32 thereof.
33 (c) Secretary of State may issue registration lists.
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1 The Secretary of State shall compile and publish, at least
2 annually, a list of all registered vehicles. Each list of
3 registered vehicles shall be arranged serially according to
4 the registration numbers assigned to registered vehicles and
5 shall contain in addition the names and addresses of
6 registered owners and a brief description of each vehicle
7 including the serial or other identifying number thereof.
8 Such compilation may be in such form as in the discretion of
9 the Secretary of State may seem best for the purposes
10 intended.
11 (d) The Secretary of State shall furnish no more than 2
12 current available lists of such registrations to the sheriffs
13 of all counties and to the chiefs of police of all cities and
14 villages and towns of 2,000 population and over in this State
15 at no cost. Additional copies may be purchased at the fee of
16 $400 each or at the cost of producing the list as determined
17 by the Secretary of State.
18 (e) The Secretary of State shall upon written request
19 and the payment of the fee of $400 furnish the current
20 available list of such motor vehicle registrations to any
21 person so long as the supply of available registration lists
22 shall last.
23 (e-1) Commercial purchasers of driver, and vehicle, and
24 title record databases shall enter into a written agreement
25 with the Secretary of State that includes disclosure of the
26 commercial use of the intended purchase. These purchasers
27 must agree that they shall not use the databases for
28 commercial solicitation purposes or for criminal purposes. A
29 violation of this subsection (e-1) shall result in the
30 Secretary of State's denial of sale of the databases to the
31 purchaser for a term of 5 years and a civil fine of $10,000,
32 to be deposited into the General Revenue Fund. The term
33 "commercial solicitation purposes" means the use of driver,
34 vehicle, or title databases to contact individuals for
HB3610 Engrossed -4- LRB9008699SMdvB
1 advertising, offering for sale, marketing, or sale of
2 products or services, or identifying potential employees
3 Affected drivers, vehicle owners, or registrants may request
4 that their personally identifiable information not be used
5 for commercial solicitation purposes.
6 (e-2) The Secretary of State shall not knowingly
7 disclose or otherwise make available to any person or entity
8 personal information about any individual obtained by the
9 Secretary of State's office in connection with a motor
10 vehicle record, except as permitted by subdivision (b)(1)
11 through (11), (13), or (14) of Section 2721 of the Driver's
12 Privacy Protection Act of 1994 (18 U.S.C. 2721).
13 (f) Title or registration search and certification
14 thereof - Fee. The Secretary of State shall make a title or
15 registration search of the records of his office and a
16 written report on the same for any person, upon written
17 application of such person, accompanied by a fee of $4 for
18 each registration or title search. No fee shall be charged
19 for a title or registration search, or for the certification
20 thereof requested by a government agency.
21 The Secretary of State shall certify a title or
22 registration record upon written request. The fee for
23 certification shall be $4 in addition to the fee required for
24 a title or registration search. Certification shall be made
25 under the signature of the Secretary of State and shall be
26 authenticated by Seal of the Secretary of State.
27 The Secretary of State may notify the vehicle owner or
28 registrant of the request for purchase of his title or
29 registration information as the Secretary deems appropriate.
30 The vehicle owner or registrant residence address and
31 other personally identifiable information on the record shall
32 not be disclosed. This nondisclosure shall not apply to
33 requests made by law enforcement officials, government
34 agencies, financial institutions, attorneys, insurers,
HB3610 Engrossed -5- LRB9008699SMdvB
1 employers, automobile associated businesses, other business
2 entities for purposes consistent with the Illinois Vehicle
3 Code, the vehicle owner or registrant, or other entities as
4 the Secretary may exempt by rule and regulation. This
5 information may be withheld from the entities listed above,
6 except law enforcement and government agencies upon
7 presentation of a valid court order of protection for the
8 duration of the order.
9 No information shall be released to the requestor until
10 expiration of a 10 day period. This 10 day period shall not
11 apply to requests for information made by law enforcement
12 officials, government agencies, financial institutions,
13 attorneys, insurers, employers, automobile associated
14 businesses, persons licensed as a private detective or firms
15 licensed as a private detective agency under the Private
16 Detective, Private Alarm, and Private Security Act of 1983,
17 who are employed by or are acting on behalf of law
18 enforcement officials, government agencies, financial
19 institutions, attorneys, insurers, employers, automobile
20 associated businesses, and other business entities for
21 purposes consistent with the Illinois Vehicle Code, the
22 vehicle owner or registrant or other entities as the
23 Secretary may exempt by rule and regulation.
24 Any misrepresentation made by a requestor of title or
25 vehicle information shall be punishable as a petty offense,
26 except in the case of persons licensed as a private detective
27 or firms licensed as a private detective agency which shall
28 be subject to disciplinary sanctions under Section 22 or 25
29 of the Private Detective, Private Alarm, and Private Security
30 Act of 1983.
31 (g) 1. The Secretary of State may, upon receipt of a
32 written request and a fee of $5, furnish to the person or
33 agency so requesting a driver's record. Such document
34 may include a record of: current driver's license
HB3610 Engrossed -6- LRB9008699SMdvB
1 issuance information, except that the information on
2 judicial driving permits shall be available only as
3 otherwise provided by this Code; convictions; orders
4 entered revoking, suspending or cancelling a driver's
5 license or privilege; and notations of accident
6 involvement. All other information, unless otherwise
7 permitted by this Code, shall remain confidential.
8 2. The Secretary of State may certify an abstract
9 of a driver's record upon written request therefor.
10 Such certification shall be made under the signature of
11 the Secretary of State and shall be authenticated by the
12 Seal of his office.
13 3. All requests for driving record information
14 shall be made in a manner prescribed by the Secretary.
15 The Secretary of State may notify the affected
16 driver of the request for purchase of his driver's record
17 as the Secretary deems appropriate.
18 The affected driver residence address and other
19 personally identifiable information on the record shall
20 not be disclosed. This nondisclosure shall not apply to
21 requests made by law enforcement officials, government
22 agencies, financial institutions, attorneys, insurers,
23 employers, automobile associated businesses, other
24 business entities for purposes consistent with the
25 Illinois Vehicle Code, the affected driver, or other
26 entities as the Secretary may exempt by rule and
27 regulation. This information may be withheld from the
28 entities listed above, except law enforcement and
29 government agencies, upon presentation of a valid court
30 order of protection for the duration of the order.
31 No information shall be released to the requester
32 until expiration of a 10 day period. This 10 day period
33 shall not apply to requests for information made by law
34 enforcement officials, government agencies, financial
HB3610 Engrossed -7- LRB9008699SMdvB
1 institutions, attorneys, insurers, employers, automobile
2 associated businesses, persons licensed as a private
3 detective or firms licensed as a private detective agency
4 under the Private Detective, Private Alarm, and Private
5 Security Act of 1983, who are employed by or are acting
6 on behalf of law enforcement officials, government
7 agencies, financial institutions, attorneys, insurers,
8 employers, automobile associated businesses, and other
9 business entities for purposes consistent with the
10 Illinois Vehicle Code, the affected driver or other
11 entities as the Secretary may exempt by rule and
12 regulation.
13 Any misrepresentation made by a requestor of driver
14 information shall be punishable as a petty offense,
15 except in the case of persons licensed as a private
16 detective or firms licensed as a private detective agency
17 which shall be subject to disciplinary sanctions under
18 Section 22 or 25 of the Private Detective, Private Alarm,
19 and Private Security Act of 1983.
20 4. The Secretary of State may furnish without fee,
21 upon the written request of a law enforcement agency, any
22 information from a driver's record on file with the
23 Secretary of State when such information is required in
24 the enforcement of this Code or any other law relating to
25 the operation of motor vehicles, including records of
26 dispositions; documented information involving the use of
27 a motor vehicle; whether such individual has, or
28 previously had, a driver's license; and the address and
29 personal description as reflected on said driver's
30 record.
31 5. Except as otherwise provided in this Section,
32 the Secretary of State may furnish, without fee,
33 information from an individual driver's record on file,
34 if a written request therefor is submitted by any public
HB3610 Engrossed -8- LRB9008699SMdvB
1 transit system or authority, public defender, law
2 enforcement agency, a state or federal agency, or an
3 Illinois local intergovernmental association, if the
4 request is for the purpose of a background check of
5 applicants for employment with the requesting agency, or
6 for the purpose of an official investigation conducted by
7 the agency, or to determine a current address for the
8 driver so public funds can be recovered or paid to the
9 driver, or for any other lawful purpose.
10 The Secretary may also furnish the courts a copy of
11 an abstract of a driver's record, without fee, subsequent
12 to an arrest for a violation of Section 11-501 or a
13 similar provision of a local ordinance. Such abstract
14 may include records of dispositions; documented
15 information involving the use of a motor vehicle as
16 contained in the current file; whether such individual
17 has, or previously had, a driver's license; and the
18 address and personal description as reflected on said
19 driver's record.
20 6. Any certified abstract issued by the Secretary
21 of State or transmitted electronically by the Secretary
22 of State pursuant to this Section, to a court or on
23 request of a law enforcement agency, for the record of a
24 named person as to the status of the person's driver's
25 license shall be prima facie evidence of the facts
26 therein stated and if the name appearing in such abstract
27 is the same as that of a person named in an information
28 or warrant, such abstract shall be prima facie evidence
29 that the person named in such information or warrant is
30 the same person as the person named in such abstract and
31 shall be admissible for any prosecution under this Code
32 and be admitted as proof of any prior conviction or proof
33 of records, notices, or orders recorded on individual
34 driving records maintained by the Secretary of State.
HB3610 Engrossed -9- LRB9008699SMdvB
1 7. Subject to any restrictions contained in the
2 Juvenile Court Act of 1987, and upon receipt of a proper
3 request and a fee of $5, the Secretary of State shall
4 provide a driver's record to the affected driver, or the
5 affected driver's attorney, upon verification. Such
6 record shall contain all the information referred to in
7 paragraph 1 of this subsection (g) plus: any recorded
8 accident involvement as a driver; information recorded
9 pursuant to subsection (e) of Section 6-117 and paragraph
10 4 of subsection (a) of Section 6-204 of this Code. All
11 other information, unless otherwise permitted by this
12 Code, shall remain confidential.
13 (h) The Secretary shall not disclose social security
14 numbers except pursuant to a written request by, or with the
15 prior written consent of, the individual except to: (1)
16 officers and employees of the Secretary who have a need to
17 know the social security numbers in performance of their
18 official duties, (2) law enforcement officials for a lawful,
19 civil or criminal law enforcement investigation, and if the
20 head of the law enforcement agency has made a written request
21 to the Secretary specifying the law enforcement investigation
22 for which the social security numbers are being sought, (3)
23 the United States Department of Transportation, or any other
24 State, pursuant to the administration and enforcement of the
25 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
26 the order of a court of competent jurisdiction, or (5) the
27 Department of Public Aid for utilization in the child support
28 enforcement duties assigned to that Department under
29 provisions of the Public Aid Code after the individual has
30 received advanced meaningful notification of what
31 redisclosure is sought by the Secretary in accordance with
32 the federal Privacy Act; provided, the redisclosure shall not
33 be authorized by the Secretary prior to September 30, 1992.
34 (i) The Secretary of State is empowered to promulgate
HB3610 Engrossed -10- LRB9008699SMdvB
1 rules and regulations to effectuate this Section.
2 (j) Medical statements or medical reports received in
3 the Secretary of State's Office shall be confidential. No
4 confidential information may be open to public inspection or
5 the contents disclosed to anyone, except officers and
6 employees of the Secretary who have a need to know the
7 information contained in the medical reports and the Driver
8 License Medical Advisory Board, unless so directed by an
9 order of a court of competent jurisdiction.
10 (k) All fees collected under this Section shall be paid
11 into the Road Fund of the State Treasury, except that $3 of
12 the $5 fee for a driver's record shall be paid into the
13 Secretary of State Special Services Fund.
14 (l) The Secretary of State shall report his
15 recommendations to the General Assembly by January 1, 1993,
16 regarding the sale and dissemination of the information
17 maintained by the Secretary, including the sale of lists of
18 driver and vehicle records.
19 (m) Notations of accident involvement that may be
20 disclosed under this Section shall not include notations
21 relating to damage to a vehicle or other property being
22 transported by a tow truck. This information shall remain
23 confidential, provided that nothing in this subsection (m)
24 shall limit disclosure of any notification of accident
25 involvement to any law enforcement agency or official.
26 (n) (m) Requests made by the news media for driver's
27 license, vehicle, or title registration information may be
28 furnished without charge or at a reduced charge, as
29 determined by the Secretary, when the specific purpose for
30 requesting the documents is deemed to be in the public
31 interest. Waiver or reduction of the fee is in the public
32 interest if the principal purpose of the request is to access
33 and disseminate information regarding the health, safety, and
34 welfare or the legal rights of the general public and is not
HB3610 Engrossed -11- LRB9008699SMdvB
1 for the principal purpose of gaining a personal or commercial
2 benefit.
3 (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97;
4 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; revised 10-27-97.)
5 Section 999. Effective date. This Act takes effect upon
6 becoming law.