101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3168

 

Introduced 2/11/2020, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 10/19.1

    Amends the Toll Highway Act. Provides that records identifying a specific instance of travel by a specific person or vehicle shall be used only as required to ensure the payment and enforcement of tolls, except that such information may be used for specified reasons by State, county, or municipal law enforcement agencies for the comparison of captured license plate data with data held by the Secretary of State, the National Crime Information Center, and the Federal Bureau of Investigation Kidnappings and Missing Persons list. Provides that no data derived from any technology used for an electronic toll collection system under the Act shall be shared with or provided to any law enforcement entity or any law enforcement official without a valid warrant. Provides that certain personally identifiable information generated through the Illinois State Toll Highway Authority's toll collection process shall be used for enforcement purposes only with respect to toll collections. Provides that the Authority shall discard personally identifiable information within 5 years. Provides that the Authority shall make every effort, within practical business and cost constraints, to purge the personal account information of an account that is closed or terminated. Provides that in no case shall the Authority maintain personal information more than 5 years after the date an account is closed or terminated. Provides that the new provisions do not preclude compliance with a court order or settlement agreement that has been approved on or before January 1, 2021. Deletes language providing that the Authority may, within practical business and cost constraints, store personally identifiable information of an electronic toll collection system user only if the information is required to perform account functions such as billing, account settlement, or toll violation enforcement activities.


LRB101 17470 HEP 66880 b

 

 

A BILL FOR

 

SB3168LRB101 17470 HEP 66880 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Toll Highway Act is amended by changing
5Section 19.1 as follows:
 
6    (605 ILCS 10/19.1)
7    Sec. 19.1. Confidentiality of personally identifiable
8information obtained through electronic toll collection
9system.
10    (a) For purposes of this Section:
11    "Electronic toll collection system" is a system where a
12transponder, camera-based vehicle identification system, or
13other electronic medium is used to deduct payment of a toll
14from a subscriber's account or to establish an obligation to
15pay a toll.
16    "Electronic toll collection system user" means any natural
17person who subscribes to an electronic toll collection system
18or any natural person who uses a tolled transportation facility
19that employs the Authority's electronic toll collection
20system.
21    "Personally identifiable information" means any
22information that identifies or describes an electronic toll
23collection system user, including but not limited to travel

 

 

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1pattern data, address, telephone number, e-mail address,
2license plate number, photograph, bank account information, or
3credit card number.
4    (b) Except as otherwise provided in this Section, the
5Authority may not sell or otherwise provide to any person or
6entity personally identifiable information of any electronic
7toll collection system user that the Authority obtains through
8the operation of its electronic toll collection system.
9    (c) Records identifying a specific instance of travel by a
10specific person or vehicle shall be used only as required to
11ensure the payment and enforcement of tolls, except that such
12information may be used by State, county, or municipal law
13enforcement agencies for the comparison of captured license
14plate data with data held by the Secretary of State, the
15National Crime Information Center, and the Federal Bureau of
16Investigation Kidnappings and Missing Persons list, for the
17purpose of identifying any of the following:
18        (1) A stolen vehicle or stolen license plate.
19        (2) A vehicle registered to an individual for whom
20    there is an outstanding default or arrest warrant for
21    felony charges.
22        (3) A vehicle associated with a missing person.
23    (c) The Authority may, within practical business and cost
24constraints, store personally identifiable information of an
25electronic toll collection system user only if the information
26is required to perform account functions such as billing,

 

 

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1account settlement, or toll violation enforcement activities.
2    (d) By no later than December 31, 2011, the Authority shall
3establish a privacy policy regarding the collection and use of
4personally identifiable information. Upon its adoption, the
5policy shall be posted on the Authority's website and a copy
6shall be included with each transponder transmitted to a user.
7The policy shall include but need not be limited to the
8following:
9        (1) A description of the types of personally
10    identifiable information collected by the Authority.
11        (2) The categories of third-party persons or entities
12    with whom the Authority may share personally identifiable
13    information and for what purposes that information is
14    shared.
15        (3) The process by which the Authority notifies
16    electronic toll collection system users of material
17    changes to its privacy policy.
18        (4) The process by which an electronic toll collection
19    system user may review and request changes to any of his or
20    her personally identifiable information.
21        (5) The effective date of the privacy policy.
22    (d-5) No data derived from any technology used for an
23electronic toll collection system under this Act, including,
24but not limited to, location, date and time, speed of travel,
25photograph, license plate number, GPS coordinates, or other
26identifying information regarding any vehicle, shall be shared

 

 

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1with or provided to any law enforcement entity or any law
2enforcement official without a valid warrant.
3    (e) This Section does not prohibit the Authority from:
4        (1) providing aggregated traveler information derived
5    from collective data relating to a group or category of
6    electronic toll collection system users from which
7    personally identifiable information has been removed;
8        (2) sharing data with another transportation agency or
9    third-party vendor to comply with interoperability
10    specifications and standards regarding electronic toll
11    collection devices and technologies, provided that the
12    other transportation agency or third-party vendor may not
13    use personally identifiable information obtained under
14    this Section for a purpose other than described in this
15    Section;
16        (3) performing financial, legal and accounting
17    functions such as billing, account settlement, toll
18    violation enforcement, or other activities required to
19    operate and manage its toll collection system;
20        (4) communicating about products and services offered
21    by itself, a business partner, or another public agency;
22        (5) using personally identifiable information in
23    research projects, provided that appropriate
24    confidentiality restrictions are employed to protect
25    against the unauthorized release of such information;
26        (6) releasing personally identifiable information in

 

 

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1    response to a warrant, subpoena or lawful order from a
2    court of competent jurisdiction;
3        (7) releasing personally identifiable information to
4    law enforcement agencies in the case of an emergency when
5    obtaining a warrant or subpoena would be impractical; and
6        (8) releasing personally identifiable information to
7    the Authority's Inspector General or, at the Inspector
8    General's direction, to law enforcement agencies under
9    paragraphs (5) and (6) of subsection (f) of Section 8.5 of
10    this Act.
11    (f) In any agreement allowing another public entity to use
12the Authority's toll collection system in a transportation
13facility, the Authority shall require the other public entity
14to comply with the requirements of this Section.
15    (g) Personally identifiable information generated through
16the Authority's toll collection process that reveals the date,
17time, location or direction of travel by an electronic toll
18collection system user shall be exempt from release under the
19Illinois Freedom of Information Act and the information shall
20be used for enforcement purposes only with respect to toll
21collections as specified in this Act. The exemption in this
22subsection shall not apply to information that concerns (i) the
23public duties of public employees and officials; (ii) whether
24an electronic toll collection system user has paid tolls; (iii)
25whether the Authority is enforcing toll violation penalties
26against electronic toll collection users who do not pay tolls;

 

 

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1(iv) accidents or other incidents that occur on highways under
2the jurisdiction of the Authority; or (v) the obligation,
3receipt, and use of the funds of the Authority. The exemption
4in this subsection (g) shall not be a limitation or restriction
5on other Freedom of Information Act exemptions applicable to
6personally identifiable information or private information.
7    (h) The Authority shall discard personally identifiable
8information within 5 years. The Authority shall make every
9effort, within practical business and cost constraints, to
10purge the personal account information of an account that is
11closed or terminated. In no case shall the Authority maintain
12personal information more than 5 years after the date an
13account is closed or terminated.
14    (i) Nothing in this Section precludes compliance with a
15court order or settlement agreement that has been approved on
16or before January 1, 2021.
17(Source: P.A. 97-342, eff. 8-12-11.)