Illinois General Assembly - Bill Status for SB2978

Amends the Illinois Vehicle Code. Creates the Driver and Motor Vehicle Records Data Privacy Law. Provides that the purpose is to comply with the federal Driver's Privacy Protection Act of 1994 in order to protect the interest of individuals in their personal privacy by prohibiting the disclosure and use of personal information contained in their motor vehicle record, except as authorized by the individual or by law. Adds provisions concerning: disclosure of social security number; confidentiality of captured photographs, signatures, and images; confidentiality of documents submitted with applications for driver's licenses and vehicle transactions; restrictions on use of information for immigration enforcement; disclosure with consent; permitted disclosures; fees; commercial requesters; access agreements; audits; redisclosures; prohibitions and violations; data system security breaches; procedural safeguards; and rules. Repeals provisions of the Illinois Vehicle Code regarding confidentiality of captured photographs and images; confidentiality of documents submitted with an application for a driver's license; restrictions on use of information; and sale and distribution of information.

Provides that an exception to a provision concerning the confidentiality of photographs, signatures, and images obtained in the process of issuing or applying for a driver's license, permit, identification card, or in connection to a Certificate of Title or vehicle registration is notwithstanding any other provision of law. Provides that those photographs, signatures, and images may be disclosed to the individual to whom the driver's license, permit, identification card, Certificate of Title, or vehicle registration was issued, upon written request (rather than to the individual upon written request). In a provision concerning disclosure of those photographs, signatures, and images to law enforcement officials for a civil or criminal law enforcement investigation, adds a cross-reference to provisions setting forth restrictions on the use of certain information for immigration enforcement. Corrects cross-references. Removes a provision concerning confidentiality of documents submitted with an application for a driver's license.

In a provision limiting civil liability for the Secretary of State or the Secretary's departments or employees for the improper use or release of motor vehicle records to certain persons, provides an exception for willful or wanton misconduct. Makes a grammatical change.

Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes. Defines "law enforcement agency" and "material breach". Allows the Secretary to disclose a social security number provided to the Secretary in connection with a motor vehicle record to the Treasurer for purposes of administering the Revised Uniform Unclaimed Property Act. Allows (i) photographs, signatures, and images obtained by the Secretary in the process of issuing a driver's license, permit, identification card, or in connection to a certificate of title or vehicle registration or (ii) documents required to be submitted with an application for a certificate of title, vehicle registration, or driver's license to be disclosed to law enforcement officials for a civil or criminal law enforcement investigation only if an officer of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the photographs, signatures, and images or documents are being sought. Removes language allowing the Secretary to limit the number of persons authorized to obtain direct electronic access and to restrict, or establish priority for, access to motor vehicle records as the Secretary deems necessary to avoid disruption to the Secretary's normal operations, or as the Secretary deems is in the best interests of the public. Removes language providing that every requester must execute an access agreement and agree to be responsible for (i) maintaining security procedures in the requester's network and procedures deemed appropriate in the sole discretion of the Secretary, (ii) providing to the Secretary the names, work addresses, and work phone numbers of all persons responsible for maintaining motor vehicle record files provided by the Secretary or otherwise executing the provisions of an access agreement on behalf of the requester, (iii) providing a written certification that the Secretary's motor vehicle records or any portion thereof shall not be transferred, nor accessed outside of the United States, electronically or otherwise, and (iv) certifying that no employee nor officer of the requester accessing motor vehicle records has been convicted of a felony, or that at least 5 years have passed since the completion of the sentence. Removes language allowing the Secretary to require an agreement that a requester seeking to obtain motor vehicle records shall hold harmless and indemnify the Secretary for any money damages, criminal fines, civil penalties, court costs, and attorney's fees awarded to any person or entity by any State or federal court resulting from any disclosure by the requester or by any person to whom the requester provided information from a motor vehicle record that is contrary to State or federal law. Makes other changes.

×