State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ House Amendment 001 ][ House Amendment 003 ]

91_HB0069

 
                                               LRB9100531DHpk

 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 must 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 will not use the database for commercial
15    solicitation  purposes or for criminal purposes. A person who
16    violates this Section may not purchase any State database for
17    5 years and is liable for a civil  fine  of  $10,000,  to  be
18    deposited  into  the  General  Revenue Fund.  As used in this
19    Act, "commercial solicitation purposes" means the  use  of  a
20    State database to contact individuals to advertise, offer for
21    sale,  market,  or  sell  products or services or to identify
22    potential employees.

23        Section 10.   Public institutions  of  higher  education;
24    exception.    This   Act  does  not  apply  to  the  sale  of
25    information by a public institution of higher education.   As
26    used  in  this  Act, "public institution of higher education"
27    has the meaning ascribed to that term in the Board of  Higher
28    Education Act.

29        Section  900.  The  Illinois  Vehicle  Code is amended by
 
                            -2-                LRB9100531DHpk
 1    changing Section 2-123 as follows:

 2        (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
 3        Sec. 2-123.  Sale and Distribution of Information.
 4        (a)  Except as otherwise provided in  this  Section,  the
 5    Secretary  may  make  the driver's license, vehicle and title
 6    registration lists, in part or in whole, and any  statistical
 7    information  derived  from  these  lists  available  to local
 8    governments,  elected  state  officials,  state   educational
 9    institutions,  public  libraries  and  all other governmental
10    units of the State and Federal Government requesting them for
11    governmental purposes. The Secretary shall require  any  such
12    applicant  for  services  to  pay for the costs of furnishing
13    such services and the use of the equipment involved,  and  in
14    addition is empowered to establish prices and charges for the
15    services  so  furnished  and  for  the  use of the electronic
16    equipment utilized.
17        (b)  The Secretary is further empowered to and he may, in
18    his discretion, furnish to any applicant, other  than  listed
19    in  subsection (a) of this Section, vehicle or driver data on
20    a computer tape, disk, or printout at a fixed fee of $200  in
21    advance  and require in addition a further sufficient deposit
22    based upon the Secretary of State's  estimate  of  the  total
23    cost  of  the  information  requested and a charge of $20 per
24    1,000 units or part thereof identified or  the  actual  cost,
25    whichever  is  greater. The Secretary is authorized to refund
26    any difference between the additional deposit and the  actual
27    cost of the request.  This service shall not be in lieu of an
28    abstract  of a driver's record nor of a title or registration
29    search.  The information sold  pursuant  to  this  subsection
30    shall  be  the  entire  vehicle  or driver data list, or part
31    thereof.
32        (c)  Secretary of State  may  issue  registration  lists.
33    The  Secretary  of  State shall compile and publish, at least
 
                            -3-                LRB9100531DHpk
 1    annually, a list of all registered vehicles.   Each  list  of
 2    registered  vehicles  shall be arranged serially according to
 3    the registration numbers assigned to registered vehicles  and
 4    shall   contain  in  addition  the  names  and  addresses  of
 5    registered owners and a brief  description  of  each  vehicle
 6    including  the  serial  or  other identifying number thereof.
 7    Such compilation may be in such form as in the discretion  of
 8    the  Secretary  of  State  may  seem  best  for  the purposes
 9    intended.
10        (d)  The Secretary of State shall furnish no more than  2
11    current available lists of such registrations to the sheriffs
12    of all counties and to the chiefs of police of all cities and
13    villages and towns of 2,000 population and over in this State
14    at no cost.  Additional copies may be purchased at the fee of
15    $400  each or at the cost of producing the list as determined
16    by the Secretary of State.
17        (e)  The Secretary of State shall  upon  written  request
18    and  the  payment  of  the  fee  of  $400 furnish the current
19    available list of such motor  vehicle  registrations  to  any
20    person  so long as the supply of available registration lists
21    shall last.
22        (e-1)  Commercial purchasers of driver, and vehicle,  and
23    title  record  databases shall enter into a written agreement
24    with the Secretary of State that includes disclosure  of  the
25    commercial  use  of  the  intended purchase. These purchasers
26    must  agree  that  they  will  not  use  the  databases   for
27    commercial solicitation purposes or for criminal purposes.  A
28    person  who violates this subsection (e-1) may not purchase a
29    driver, vehicle, or title record database from the  Secretary
30    of  State    for  5  years  and is liable for a civil fine of
31    $10,000, to be deposited into the General Revenue Fund.   The
32    term  "commercial  solicitation  purposes"  means  the use of
33    driver, vehicle, or title databases to contact individuals to
34    advertise, offer  for  sale,  market,  or  sell  products  or
 
                            -4-                LRB9100531DHpk
 1    services or to identify potential employees Affected drivers,
 2    vehicle   owners,  or  registrants  may  request  that  their
 3    personally  identifiable  information   not   be   used   for
 4    commercial solicitation purposes.
 5        (e-2)  The  Secretary of State may not knowingly disclose
 6    or otherwise make available to any person or entity  personal
 7    information about any individual obtained by the Secretary of
 8    State's  office  in  connection  with a motor vehicle record,
 9    except as permitted by subdivision (b)(1) through (11), (13),
10    or (14) of Section 2721 of the  Driver's  Privacy  Protection
11    Act of 1994 (18 U.S.C. 2721).
12        (f)  Title   or  registration  search  and  certification
13    thereof - Fee. The Secretary of State shall make a  title  or
14    registration  search  of  the  records  of  his  office and a
15    written report on the  same  for  any  person,  upon  written
16    application  of  such  person, accompanied by a fee of $4 for
17    each registration or title search.  No fee shall  be  charged
18    for  a title or registration search, or for the certification
19    thereof requested by a government agency.
20        The  Secretary  of  State  shall  certify  a   title   or
21    registration   record  upon  written  request.  The  fee  for
22    certification shall be $4 in addition to the fee required for
23    a title or registration search. Certification shall  be  made
24    under  the  signature of the Secretary of State  and shall be
25    authenticated by Seal of the Secretary of State.
26        The Secretary of State may notify the  vehicle  owner  or
27    registrant  of  the  request  for  purchase  of  his title or
28    registration information as the Secretary deems appropriate.
29        The vehicle owner or  registrant  residence  address  and
30    other personally identifiable information on the record shall
31    not  be  disclosed.   This  nondisclosure  shall not apply to
32    requests  made  by  law  enforcement  officials,   government
33    agencies,   financial   institutions,   attorneys,  insurers,
34    employers, automobile associated businesses,  other  business
 
                            -5-                LRB9100531DHpk
 1    entities  for  purposes  consistent with the Illinois Vehicle
 2    Code, the vehicle owner or registrant, or other  entities  as
 3    the  Secretary  may  exempt  by  rule  and  regulation.  This
 4    information may be withheld from the entities  listed  above,
 5    except   law   enforcement   and   government  agencies  upon
 6    presentation of a valid court order  of  protection  for  the
 7    duration of the order.
 8        No  information  shall be released to the requestor until
 9    expiration of a 10 day period.  This 10 day period shall  not
10    apply  to  requests  for  information made by law enforcement
11    officials,  government  agencies,   financial   institutions,
12    attorneys,   insurers,   employers,   automobile   associated
13    businesses,  persons licensed as a private detective or firms
14    licensed as a private  detective  agency  under  the  Private
15    Detective,  Private  Alarm, and Private Security Act of 1983,
16    who  are  employed  by  or  are  acting  on  behalf  of   law
17    enforcement   officials,   government   agencies,   financial
18    institutions,   attorneys,  insurers,  employers,  automobile
19    associated  businesses,  and  other  business  entities   for
20    purposes  consistent  with  the  Illinois  Vehicle  Code, the
21    vehicle  owner  or  registrant  or  other  entities  as   the
22    Secretary may exempt by rule and regulation.
23        Any  misrepresentation  made  by  a requestor of title or
24    vehicle information shall be punishable as a  petty  offense,
25    except in the case of persons licensed as a private detective
26    or  firms  licensed as a private detective agency which shall
27    be subject to disciplinary sanctions under Section 22  or  25
28    of the Private Detective, Private Alarm, and Private Security
29    Act of 1983.
30        (g) 1.  The  Secretary  of  State  may, upon receipt of a
31        written request and a fee of $5, furnish to the person or
32        agency so requesting a driver's  record.   Such  document
33        may   include  a  record  of:  current  driver's  license
34        issuance information,  except  that  the  information  on
 
                            -6-                LRB9100531DHpk
 1        judicial  driving  permits  shall  be  available  only as
 2        otherwise provided  by  this  Code;  convictions;  orders
 3        entered  revoking,  suspending  or  cancelling a driver's
 4        license  or  privilege;   and   notations   of   accident
 5        involvement.   All  other  information,  unless otherwise
 6        permitted by this Code, shall remain confidential.
 7             2.  The Secretary of State may certify  an  abstract
 8        of  a  driver's  record  upon  written  request therefor.
 9        Such certification shall be made under the  signature  of
10        the  Secretary of State and shall be authenticated by the
11        Seal of his office.
12             3.  All  requests  for  driving  record  information
13        shall be made in a manner prescribed by the Secretary.
14             The Secretary  of  State  may  notify  the  affected
15        driver of the request for purchase of his driver's record
16        as the Secretary deems appropriate.
17             The  affected  driver  residence  address  and other
18        personally identifiable information on the  record  shall
19        not  be disclosed.  This nondisclosure shall not apply to
20        requests made by law  enforcement  officials,  government
21        agencies,  financial  institutions,  attorneys, insurers,
22        employers,  automobile   associated   businesses,   other
23        business   entities  for  purposes  consistent  with  the
24        Illinois Vehicle Code,  the  affected  driver,  or  other
25        entities   as  the  Secretary  may  exempt  by  rule  and
26        regulation.  This information may be  withheld  from  the
27        entities   listed   above,  except  law  enforcement  and
28        government agencies, upon presentation of a  valid  court
29        order of protection for the duration of the order.
30             No  information  shall  be released to the requester
31        until expiration of a 10 day period.  This 10 day  period
32        shall  not  apply to requests for information made by law
33        enforcement  officials,  government  agencies,  financial
34        institutions, attorneys, insurers, employers,  automobile
 
                            -7-                LRB9100531DHpk
 1        associated  businesses,  persons  licensed  as  a private
 2        detective or firms licensed as a private detective agency
 3        under the Private Detective, Private Alarm,  and  Private
 4        Security  Act  of 1983, who are employed by or are acting
 5        on  behalf  of  law  enforcement  officials,   government
 6        agencies,  financial  institutions,  attorneys, insurers,
 7        employers, automobile associated  businesses,  and  other
 8        business   entities  for  purposes  consistent  with  the
 9        Illinois Vehicle  Code,  the  affected  driver  or  other
10        entities   as  the  Secretary  may  exempt  by  rule  and
11        regulation.
12             Any misrepresentation made by a requestor of  driver
13        information  shall  be  punishable  as  a  petty offense,
14        except in the case  of  persons  licensed  as  a  private
15        detective or firms licensed as a private detective agency
16        which  shall  be  subject to disciplinary sanctions under
17        Section 22 or 25 of the Private Detective, Private Alarm,
18        and Private Security Act of 1983.
19             4.  The Secretary of State may furnish without  fee,
20        upon the written request of a law enforcement agency, any
21        information  from  a  driver's  record  on  file with the
22        Secretary of State when such information is  required  in
23        the enforcement of this Code or any other law relating to
24        the  operation  of  motor  vehicles, including records of
25        dispositions; documented information involving the use of
26        a  motor  vehicle;  whether  such  individual   has,   or
27        previously  had,  a driver's license; and the address and
28        personal  description  as  reflected  on  said   driver's
29        record.
30             5.  Except  as  otherwise  provided in this Section,
31        the  Secretary  of  State  may  furnish,   without   fee,
32        information  from  an individual driver's record on file,
33        if a written request therefor is submitted by any  public
34        transit   system   or  authority,  public  defender,  law
 
                            -8-                LRB9100531DHpk
 1        enforcement agency, a state  or  federal  agency,  or  an
 2        Illinois  local  intergovernmental  association,  if  the
 3        request  is  for  the  purpose  of  a background check of
 4        applicants for employment with the requesting agency,  or
 5        for the purpose of an official investigation conducted by
 6        the  agency,  or  to  determine a current address for the
 7        driver so public funds can be recovered or  paid  to  the
 8        driver, or for any other lawful purpose.
 9             The  Secretary may also furnish the courts a copy of
10        an abstract of a driver's record, without fee, subsequent
11        to an arrest for a  violation  of  Section  11-501  or  a
12        similar  provision  of  a local ordinance.  Such abstract
13        may   include   records   of   dispositions;   documented
14        information involving the  use  of  a  motor  vehicle  as
15        contained  in  the  current file; whether such individual
16        has, or previously  had,  a  driver's  license;  and  the
17        address  and  personal  description  as reflected on said
18        driver's record.
19             6.  Any certified abstract issued by  the  Secretary
20        of  State  or transmitted electronically by the Secretary
21        of State pursuant to this  Section,  to  a  court  or  on
22        request  of a law enforcement agency, for the record of a
23        named person as to the status of  the  person's  driver's
24        license  shall  be  prima  facie  evidence  of  the facts
25        therein stated and if the name appearing in such abstract
26        is the same as that of a person named in  an  information
27        or  warrant,  such abstract shall be prima facie evidence
28        that the person named in such information or  warrant  is
29        the  same person as the person named in such abstract and
30        shall be admissible for any prosecution under  this  Code
31        and be admitted as proof of any prior conviction or proof
32        of  records,  notices,  or  orders recorded on individual
33        driving records maintained by the Secretary of State.
34             7.  Subject to any  restrictions  contained  in  the
 
                            -9-                LRB9100531DHpk
 1        Juvenile  Court Act of 1987, and upon receipt of a proper
 2        request and a fee of $5, the  Secretary  of  State  shall
 3        provide  a driver's record to the affected driver, or the
 4        affected  driver's  attorney,  upon  verification.   Such
 5        record shall contain all the information referred  to  in
 6        paragraph  1  of  this  subsection (g) plus: any recorded
 7        accident involvement as a  driver;  information  recorded
 8        pursuant to subsection (e) of Section 6-117 and paragraph
 9        4  of  subsection (a) of Section 6-204 of this Code.  All
10        other information, unless  otherwise  permitted  by  this
11        Code, shall remain confidential.
12        (h)  The  Secretary  shall  not  disclose social security
13    numbers except pursuant to a written request by, or with  the
14    prior  written  consent  of,  the  individual  except to: (1)
15    officers and employees of the Secretary who have  a  need  to
16    know  the  social  security  numbers  in performance of their
17    official duties, (2) law enforcement officials for a  lawful,
18    civil  or  criminal law enforcement investigation, and if the
19    head of the law enforcement agency has made a written request
20    to the Secretary specifying the law enforcement investigation
21    for which the social security numbers are being  sought,  (3)
22    the  United States Department of Transportation, or any other
23    State, pursuant to the administration and enforcement of  the
24    Commercial Motor Vehicle Safety Act of 1986, (4)  pursuant to
25    the  order  of  a court of competent jurisdiction, or (5) the
26    Department of Public Aid for utilization in the child support
27    enforcement  duties  assigned  to   that   Department   under
28    provisions  of  the  Public Aid Code after the individual has
29    received   advanced   meaningful   notification    of    what
30    redisclosure  is  sought  by the Secretary in accordance with
31    the federal Privacy Act; provided, the redisclosure shall not
32    be authorized by the Secretary prior to September 30, 1992.
33        (i)  The Secretary of State is  empowered  to  promulgate
34    rules and regulations to effectuate this Section.
 
                            -10-               LRB9100531DHpk
 1        (j)  Medical  statements  or  medical reports received in
 2    the Secretary of State's Office shall  be  confidential.   No
 3    confidential  information may be open to public inspection or
 4    the  contents  disclosed  to  anyone,  except  officers   and
 5    employees  of  the  Secretary  who  have  a  need to know the
 6    information contained in the medical reports and  the  Driver
 7    License  Medical  Advisory  Board,  unless  so directed by an
 8    order of a court of competent jurisdiction.
 9        (k)  All fees collected under this Section shall be  paid
10    into  the  Road Fund of the State Treasury, except that $3 of
11    the $5 fee for a driver's  record  shall  be  paid  into  the
12    Secretary of State Special Services Fund.
13        (l)  The    Secretary   of   State   shall   report   his
14    recommendations to the General Assembly by January  1,  1993,
15    regarding  the  sale  and  dissemination  of  the information
16    maintained by the Secretary, including the sale of  lists  of
17    driver and vehicle records.
18        (m)  Notations   of  accident  involvement  that  may  be
19    disclosed under this  Section  shall  not  include  notations
20    relating  to  damage  to  a  vehicle  or other property being
21    transported by a tow truck.  This  information  shall  remain
22    confidential,  provided  that  nothing in this subsection (m)
23    shall  limit  disclosure  of  any  notification  of  accident
24    involvement to any law enforcement agency or official.
25        (n)  Requests  made  by  the  news  media  for   driver's
26    license,  vehicle,  or  title registration information may be
27    furnished  without  charge  or  at  a  reduced   charge,   as
28    determined  by  the  Secretary, when the specific purpose for
29    requesting the documents  is  deemed  to  be  in  the  public
30    interest.   Waiver  or  reduction of the fee is in the public
31    interest if the principal purpose of the request is to access
32    and disseminate information regarding the health, safety, and
33    welfare or the legal rights of the general public and is  not
34    for the principal purpose of gaining a personal or commercial
 
                            -11-               LRB9100531DHpk
 1    benefit.
 2    (Source: P.A.  89-503,  eff.  7-1-96;  90-144,  eff. 7-23-97;
 3    90-330, eff.  8-8-97;  90-400,  eff.  8-15-97;  90-655,  eff.
 4    7-30-98.)

 5        Section 999.  Effective date.  This Act takes effect upon
 6    becoming law.

[ Top ]