093_HB0242

 
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 1        AN ACT concerning privacy.

 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.   No   constitutional
 7    officer  and  no  State  agency  under  the jurisdiction of a
 8    constitutional  officer   may   sell   personal   information
 9    regarding  Illinois citizens, including information contained
10    in public records, to any entity for commercial  solicitation
11    purposes  without  the  written consent of each citizen whose
12    personal information will be sold.
13        A commercial purchaser of personal information  regarding
14    Illinois  citizens  must  enter  into  an  agreement with the
15    constitutional officer or  State  agency  that  requires  the
16    purchaser  to  disclose  the  commercial  use of the intended
17    purchase.    The purchaser must agree that he or she will not
18    use the information for commercial solicitation  purposes  or
19    for  criminal  purposes.  The constitutional officer or State
20    agency must charge the purchaser a fee  that  represents  the
21    commercial  value  of  the  information,  even  if  that  fee
22    significantly  exceeds  the  reasonable  costs of copying and
23    providing  the   information.    The   fee   charged   by   a
24    constitutional  officer or State agency under this Section is
25    in addition to any charges under the Freedom  of  Information
26    Act or any other statutory fees.
27        As  used  in this Act, "commercial solicitation purposes"
28    means the  use  of  information  to  contact  individuals  to
29    advertise,  offer  for  sale,  market,  or  sell  products or
30    services or to identify potential employees.
 
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 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, and all other governmental units of  the  State
11    and  Federal  Government  requesting  them  for  governmental
12    purposes.  The Secretary shall require any such applicant for
13    services to pay for the costs of furnishing such services and
14    the use  of  the  equipment  involved,  and  in  addition  is
15    empowered to establish prices and charges for the services so
16    furnished  and  for  the  use  of  the  electronic  equipment
17    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, other electronic format or computer
22    processable medium, or printout at a fixed  fee  of  $250  in
23    advance  and require in addition a further sufficient deposit
24    based upon the Secretary of State's  estimate  of  the  total
25    cost  of  the  information  requested and a charge of $25 per
26    1,000 units or part thereof identified or  the  actual  cost,
27    whichever  is  greater. The Secretary is authorized to refund
28    any difference between the additional deposit and the  actual
29    cost of the request.  This service shall not be in lieu of an
30    abstract  of a driver's record nor of a title or registration
31    search.  This service may be limited to entities purchasing a
32    minimum number of records as required by administrative rule.
33    The information sold pursuant to this subsection shall be the
 
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 1    entire vehicle or driver data list,  or  part  thereof.   The
 2    information  sold  pursuant  to  this  subsection  shall  not
 3    contain   personally   identifying   information  unless  the
 4    information is to be used for one of the purposes  identified
 5    in  subsection (f-5) of this Section.  The Secretary of State
 6    may not  sell  database  information  under  this  subsection
 7    without  the written consent of each person whose information
 8    will be sold.  Commercial purchasers of driver, and  vehicle,
 9    and  title  record  databases  shall  enter  into  a  written
10    agreement   with   the   Secretary  of  State  that  includes
11    disclosure of the commercial use of  the  information  to  be
12    purchased.    These  purchasers must agree that they will not
13    use the  database  information  for  commercial  solicitation
14    purposes  or for criminal purposes.  In addition to any other
15    fee charged under this Section, the Secretary of  State  must
16    charge  the  purchaser  a  fee that represents the commercial
17    value of the information,  even  if  that  fee  significantly
18    exceeds  the  reasonable  cost  of  copying and providing the
19    information.  The  term  "commercial  solicitation  purposes"
20    means  the  use  of  driver, vehicle, or title information to
21    contact individuals to advertise, offer for sale, market,  or
22    sell products or services or to identify potential employees.
23        (c)  Secretary  of  State  may  issue registration lists.
24    The Secretary of State shall compile and  publish,  at  least
25    annually,  a  list  of all registered vehicles.  Each list of
26    registered vehicles shall be arranged serially  according  to
27    the  registration numbers assigned to registered vehicles and
28    shall  contain  in  addition  the  names  and  addresses   of
29    registered  owners  and  a  brief description of each vehicle
30    including the serial or  other  identifying  number  thereof.
31    Such  compilation may be in such form as in the discretion of
32    the Secretary  of  State  may  seem  best  for  the  purposes
33    intended.
34        (d)  The  Secretary of State shall furnish no more than 2
 
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 1    current available lists of such registrations to the sheriffs
 2    of all counties and to the chiefs of police of all cities and
 3    villages and towns of 2,000 population and over in this State
 4    at no cost.   Additional  copies  may  be  purchased  by  the
 5    sheriffs  or  chiefs  of police at the fee of $500 each or at
 6    the cost of producing the list as determined by the Secretary
 7    of State.   Such  lists  are  to  be  used  for  governmental
 8    purposes only.
 9        (e)  (Blank).
10        (e-1)  (Blank).
11        (e-2)  The  Secretary of State may not knowingly disclose
12    or otherwise make available to any person or entity  personal
13    information about any individual obtained by the Secretary of
14    State's  office  in  connection  with a motor vehicle record,
15    except with the written  consent  of  the  individual  or  as
16    permitted  by subdivision (b)(1) through  (11), (13), or (14)
17    of Section 2721 of the Driver's  Privacy  Protection  Act  of
18    1994 (18 U.S.C. 2721).
19        (f)  The  Secretary  of  State  shall  make  a  title  or
20    registration  search  of  the  records  of  his  office and a
21    written report on the  same  for  any  person,  upon  written
22    application  of  such  person, accompanied by a fee of $5 for
23    each registration or title search.  The  written  application
24    shall   set   forth   the   intended  use  of  the  requested
25    information.   No  fee  shall  be  charged  for  a  title  or
26    registration  search,  or  for  the   certification   thereof
27    requested by a government agency.  The report of the title or
28    registration  search shall not contain personally identifying
29    information unless the request for a search was made for  one
30    of  the  purposes  identified  in  subsection  (f-5)  of this
31    Section.
32        The  Secretary  of  State  shall  certify  a   title   or
33    registration   record  upon  written  request.  The  fee  for
34    certification shall be $5 in addition to the fee required for
 
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 1    a title or registration search. Certification shall  be  made
 2    under  the  signature of the Secretary of State  and shall be
 3    authenticated by Seal of the Secretary of State.
 4        The Secretary of State may notify the  vehicle  owner  or
 5    registrant  of  the  request  for  purchase  of  his title or
 6    registration information as the Secretary deems appropriate.
 7        No information shall be released to the  requestor  until
 8    expiration  of a 10 day period.  This 10 day period shall not
 9    apply to requests for information  made  by  law  enforcement
10    officials,   government   agencies,  financial  institutions,
11    attorneys,   insurers,   employers,   automobile   associated
12    businesses, persons licensed as a private detective or  firms
13    licensed  as  a  private  detective  agency under the Private
14    Detective, Private Alarm, and Private Security Act  of  1983,
15    who   are  employed  by  or  are  acting  on  behalf  of  law
16    enforcement   officials,   government   agencies,   financial
17    institutions,  attorneys,  insurers,  employers,   automobile
18    associated   businesses,  and  other  business  entities  for
19    purposes consistent  with  the  Illinois  Vehicle  Code,  the
20    vehicle   owner  or  registrant  or  other  entities  as  the
21    Secretary may exempt by rule and regulation.
22        Any misrepresentation made by a  requestor  of  title  or
23    vehicle  information  shall be punishable as a petty offense,
24    except in the case of persons licensed as a private detective
25    or firms licensed as a private detective agency  which  shall
26    be  subject  to disciplinary sanctions under Section 22 or 25
27    of the Private Detective, Private Alarm, and Private Security
28    Act of 1983.
29        (f-5)  The Secretary  of  State  shall  not  disclose  or
30    otherwise   make  available  to  any  person  or  entity  any
31    personally identifying information obtained by the  Secretary
32    of  State  in connection with a driver's license, vehicle, or
33    title registration record unless the information is disclosed
34    for one of the following purposes:
 
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 1             (1)  For use by any government agency, including any
 2        court or law enforcement  agency,  in  carrying  out  its
 3        functions,  or  any  private  person  or entity acting on
 4        behalf of a federal, State, or local agency  in  carrying
 5        out its functions.
 6             (2)  For  use  in  connection  with matters of motor
 7        vehicle  or  driver  safety  and  theft;  motor   vehicle
 8        emissions; motor vehicle product alterations, recalls, or
 9        advisories;  performance  monitoring  of  motor vehicles,
10        motor  vehicle  parts,  and  dealers;  and   removal   of
11        non-owner  records  from  the  original  owner records of
12        motor vehicle manufacturers.
13             (3)  For use in the normal course of business  by  a
14        legitimate   business   or   its  agents,  employees,  or
15        contractors, but only:
16                  (A)  to  verify  the   accuracy   of   personal
17             information   submitted  by  an  individual  to  the
18             business or its agents, employees,  or  contractors;
19             and
20                  (B)  if such information as so submitted is not
21             correct  or  is  no  longer  correct,  to obtain the
22             correct information, but only for  the  purposes  of
23             preventing   fraud   by,   pursuing  legal  remedies
24             against,  or  recovering  on  a  debt  or   security
25             interest against, the individual.
26             (4)  For  use  in research activities and for use in
27        producing  statistical   reports,   if   the   personally
28        identifying information is not published, redisclosed, or
29        used to contact individuals.
30             (5)  For use in connection with any civil, criminal,
31        administrative,  or  arbitral  proceeding in any federal,
32        State,  or  local  court  or   agency   or   before   any
33        self-regulatory  body,  including the service of process,
34        investigation in  anticipation  of  litigation,  and  the
 
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 1        execution  or  enforcement  of  judgments  and orders, or
 2        pursuant to an order of a federal, State, or local court.
 3             (6)  For use by any  insurer  or  insurance  support
 4        organization  or  by a self-insured entity or its agents,
 5        employees,  or  contractors  in  connection  with  claims
 6        investigation activities, antifraud  activities,  rating,
 7        or underwriting.
 8             (7)  For  use  in  providing notice to the owners of
 9        towed or impounded vehicles.
10             (8)  For use by any private investigative agency  or
11        security  service  licensed  in  Illinois for any purpose
12        permitted under this subsection.
13             (9)  For use by an employer or its agent or  insurer
14        to obtain or verify information relating to a holder of a
15        commercial   driver's  license  that  is  required  under
16        chapter 313 of title 49 of the United States Code.
17             (10)  For use in connection with  the  operation  of
18        private toll transportation facilities.
19             (11)  For  use  by  any  requester, if the requester
20        demonstrates it has obtained the written consent  of  the
21        individual to whom the information pertains.
22             (12)  For  use  by  members  of  the  news media, as
23        defined  in  Section  1-148.5,   for   the   purpose   of
24        newsgathering  when  the request relates to the operation
25        of a motor vehicle or public safety.
26             (13)  For any other use specifically  authorized  by
27        law,  if  that use is related to the operation of a motor
28        vehicle or public safety.
29        (g) 1.  The Secretary of State may,  upon  receipt  of  a
30        written request and a fee of $6, furnish to the person or
31        agency  so  requesting  a driver's record.  Such document
32        may  include  a  record  of:  current  driver's   license
33        issuance  information,  except  that  the  information on
34        judicial driving  permits  shall  be  available  only  as
 
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 1        otherwise  provided  by  this  Code;  convictions; orders
 2        entered revoking, suspending  or  cancelling  a  driver's
 3        license   or   privilege;   and   notations  of  accident
 4        involvement.  All  other  information,  unless  otherwise
 5        permitted   by  this  Code,  shall  remain  confidential.
 6        Information released pursuant to a request for a driver's
 7        record   shall   not   contain   personally   identifying
 8        information, unless the request for the  driver's  record
 9        was  made for one of the purposes set forth in subsection
10        (f-5) of this Section.
11             2.  The Secretary of State may certify  an  abstract
12        of  a  driver's  record  upon  written  request therefor.
13        Such certification shall be made under the  signature  of
14        the  Secretary of State and shall be authenticated by the
15        Seal of his office.
16             3.  All  requests  for  driving  record  information
17        shall be made in a manner prescribed by the Secretary and
18        shall  set  forth  the  intended  use  of  the  requested
19        information.
20             The Secretary  of  State  may  notify  the  affected
21        driver of the request for purchase of his driver's record
22        as the Secretary deems appropriate.
23             No  information  shall  be released to the requester
24        until expiration of a 10 day period.  This 10 day  period
25        shall  not  apply to requests for information made by law
26        enforcement  officials,  government  agencies,  financial
27        institutions, attorneys, insurers, employers,  automobile
28        associated  businesses,  persons  licensed  as  a private
29        detective or firms licensed as a private detective agency
30        under the Private Detective, Private Alarm,  and  Private
31        Security  Act  of 1983, who are employed by or are acting
32        on  behalf  of  law  enforcement  officials,   government
33        agencies,  financial  institutions,  attorneys, insurers,
34        employers, automobile associated  businesses,  and  other
 
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 1        business   entities  for  purposes  consistent  with  the
 2        Illinois Vehicle  Code,  the  affected  driver  or  other
 3        entities   as  the  Secretary  may  exempt  by  rule  and
 4        regulation.
 5             Any misrepresentation made by a requestor of  driver
 6        information  shall  be  punishable  as  a  petty offense,
 7        except in the case  of  persons  licensed  as  a  private
 8        detective or firms licensed as a private detective agency
 9        which  shall  be  subject to disciplinary sanctions under
10        Section 22 or 25 of the Private Detective, Private Alarm,
11        and Private Security Act of 1983.
12             4.  The Secretary of State may furnish without  fee,
13        upon the written request of a law enforcement agency, any
14        information  from  a  driver's  record  on  file with the
15        Secretary of State when such information is  required  in
16        the enforcement of this Code or any other law relating to
17        the  operation  of  motor  vehicles, including records of
18        dispositions; documented information involving the use of
19        a  motor  vehicle;  whether  such  individual   has,   or
20        previously  had,  a driver's license; and the address and
21        personal  description  as  reflected  on  said   driver's
22        record.
23             5.  Except  as  otherwise  provided in this Section,
24        the  Secretary  of  State  may  furnish,   without   fee,
25        information  from  an individual driver's record on file,
26        if a written request therefor is submitted by any  public
27        transit   system   or  authority,  public  defender,  law
28        enforcement agency, a state  or  federal  agency,  or  an
29        Illinois  local  intergovernmental  association,  if  the
30        request  is  for  the  purpose  of  a background check of
31        applicants for employment with the requesting agency,  or
32        for the purpose of an official investigation conducted by
33        the  agency,  or  to  determine a current address for the
34        driver so public funds can be recovered or  paid  to  the
 
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 1        driver,  or for any other purpose set forth in subsection
 2        (f-5) of this Section.
 3             The Secretary may also furnish the courts a copy  of
 4        an abstract of a driver's record, without fee, subsequent
 5        to  an  arrest  for  a  violation  of Section 11-501 or a
 6        similar provision of a local  ordinance.   Such  abstract
 7        may   include   records   of   dispositions;   documented
 8        information  involving  the  use  of  a  motor vehicle as
 9        contained in the current file;  whether  such  individual
10        has,  or  previously  had,  a  driver's  license; and the
11        address and personal description  as  reflected  on  said
12        driver's record.
13             6.  Any  certified  abstract issued by the Secretary
14        of State or transmitted electronically by  the  Secretary
15        of  State  pursuant  to  this  Section,  to a court or on
16        request of a law enforcement agency, for the record of  a
17        named  person  as  to the status of the person's driver's
18        license shall  be  prima  facie  evidence  of  the  facts
19        therein stated and if the name appearing in such abstract
20        is  the  same as that of a person named in an information
21        or warrant, such abstract shall be prima  facie  evidence
22        that  the  person named in such information or warrant is
23        the same person as the person named in such abstract  and
24        shall  be  admissible for any prosecution under this Code
25        and be admitted as proof of any prior conviction or proof
26        of records, notices, or  orders  recorded  on  individual
27        driving records maintained by the Secretary of State.
28             7.  Subject  to  any  restrictions  contained in the
29        Juvenile Court Act of 1987, and upon receipt of a  proper
30        request  and  a  fee  of $6, the Secretary of State shall
31        provide a driver's record to the affected driver, or  the
32        affected  driver's  attorney,  upon  verification.   Such
33        record  shall  contain all the information referred to in
34        paragraph 1 of this subsection  (g)  plus:  any  recorded
 
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 1        accident  involvement  as  a driver; information recorded
 2        pursuant to subsection (e) of Section 6-117 and paragraph
 3        (4) of subsection (a) of Section 6-204 of this Code.  All
 4        other information, unless  otherwise  permitted  by  this
 5        Code, shall remain confidential.
 6        (h)  The  Secretary  shall  not  disclose social security
 7    numbers except pursuant to a written request by, or with  the
 8    prior  written  consent  of,  the  individual  except: (1) to
 9    officers and employees of the Secretary who have  a  need  to
10    know  the  social  security  numbers  in performance of their
11    official duties, (2)  to  law  enforcement  officials  for  a
12    lawful,  civil or criminal law enforcement investigation, and
13    if the head of the law enforcement agency has made a  written
14    request  to  the  Secretary  specifying  the  law enforcement
15    investigation for which the social security numbers are being
16    sought,   (3)   to   the   United   States   Department    of
17    Transportation,   or   any   other  State,  pursuant  to  the
18    administration  and  enforcement  of  the  Commercial   Motor
19    Vehicle  Safety  Act of 1986, (4)  pursuant to the order of a
20    court of competent jurisdiction, or (5) to the Department  of
21    Public  Aid  for utilization in the child support enforcement
22    duties assigned to that Department under  provisions  of  the
23    Public  Aid  Code  after the individual has received advanced
24    meaningful notification of what redisclosure is sought by the
25    Secretary in accordance with the federal Privacy Act.
26        (i)  (Blank).
27        (j)  Medical statements or medical  reports  received  in
28    the  Secretary  of  State's Office shall be confidential.  No
29    confidential information may be open to public inspection  or
30    the   contents  disclosed  to  anyone,  except  officers  and
31    employees of the Secretary  who  have  a  need  to  know  the
32    information  contained  in the medical reports and the Driver
33    License Medical Advisory Board,  unless  so  directed  by  an
34    order of a court of competent jurisdiction.
 
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 1        (k)  All  fees collected under this Section shall be paid
 2    into the Road Fund of the State Treasury, except that  $3  of
 3    the  $6  fee  for  a  driver's  record shall be paid into the
 4    Secretary of State Special Services Fund.
 5        (l)  (Blank).
 6        (m)  Notations  of  accident  involvement  that  may   be
 7    disclosed  under  this  Section  shall  not include notations
 8    relating to damage to  a  vehicle  or  other  property  being
 9    transported  by  a  tow truck.  This information shall remain
10    confidential, provided that nothing in  this  subsection  (m)
11    shall  limit  disclosure  of  any  notification  of  accident
12    involvement to any law enforcement agency or official.
13        (n)  Requests   made  by  the  news  media  for  driver's
14    license, vehicle, or title registration  information  may  be
15    furnished   without   charge  or  at  a  reduced  charge,  as
16    determined by the Secretary, when the  specific  purpose  for
17    requesting  the  documents  is  deemed  to  be  in the public
18    interest.  Waiver or reduction of the fee is  in  the  public
19    interest if the principal purpose of the request is to access
20    and disseminate information regarding the health, safety, and
21    welfare  or the legal rights of the general public and is not
22    for the principal purpose of gaining a personal or commercial
23    benefit. The information provided pursuant to this subsection
24    shall not contain personally identifying  information  unless
25    the  information  is  to  be  used  for  one  of the purposes
26    identified in subsection (f-5) of this Section.
27        (o)  The   redisclosure   of    personally    identifying
28    information  obtained pursuant to this Section is prohibited,
29    except to the extent necessary to effectuate the purpose  for
30    which   the   original  disclosure  of  the  information  was
31    permitted.
32        (p)  The Secretary of State is empowered to  adopt  rules
33    to effectuate this Section.
34    (Source: P.A.  91-37,  eff.  7-1-99;  91-357,  eff.  7-29-99;
 
                            -13-     LRB093 02630 MKM 02640 b
 1    91-716,  eff.  10-1-00;  92-32,  eff.  7-1-01;  92-651,  eff.
 2    7-11-02.)