Rep. William Davis

Filed: 5/12/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 2235 by replacing
3everything after the enacting clause with the following:
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
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



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1person who subscribes to an electronic toll collection system
2or any natural person who uses a tolled transportation
3facility that employs the Authority's electronic toll
4collection system.
5    "Personally identifiable information" means any
6information that identifies or describes an electronic toll
7collection system user, including but not limited to travel
8pattern data, address, telephone number, e-mail address,
9license plate number, photograph, bank account information, or
10credit card number.
11    (b) Except as otherwise provided in this Section, the
12Authority may not sell or otherwise provide to any person or
13entity personally identifiable information of any electronic
14toll collection system user that the Authority obtains through
15the operation of its electronic toll collection system.
16    (c) The Authority may, within practical business and cost
17constraints, store personally identifiable information of an
18electronic toll collection system user only if the information
19is required to perform account functions such as billing,
20account settlement, or toll violation enforcement activities.
21    (d) By no later than December 31, 2011, the Authority
22shall establish a privacy policy regarding the collection and
23use of personally identifiable information. Upon its adoption,
24the policy shall be posted on the Authority's website and a
25copy shall be included with each transponder transmitted to a
26user. The policy shall include but need not be limited to the



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2        (1) A description of the types of personally
3    identifiable information collected by the Authority.
4        (2) The categories of third-party persons or entities
5    with whom the Authority may share personally identifiable
6    information and for what purposes that information is
7    shared.
8        (3) The process by which the Authority notifies
9    electronic toll collection system users of material
10    changes to its privacy policy.
11        (4) The process by which an electronic toll collection
12    system user may review and request changes to any of his or
13    her personally identifiable information.
14        (5) The effective date of the privacy policy.
15    (e) This Section does not prohibit the Authority from:
16        (1) providing aggregated traveler information derived
17    from collective data relating to a group or category of
18    electronic toll collection system users from which
19    personally identifiable information has been removed;
20        (2) sharing data with another transportation agency or
21    third-party vendor to comply with interoperability
22    specifications and standards regarding electronic toll
23    collection devices and technologies, provided that the
24    other transportation agency or third-party vendor may not
25    use personally identifiable information obtained under
26    this Section for a purpose other than described in this



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1    Section;
2        (3) performing financial, legal and accounting
3    functions such as billing, account settlement, toll
4    violation enforcement, or other activities required to
5    operate and manage its toll collection system;
6        (4) communicating about products and services offered
7    by itself, a business partner, or another public agency;
8        (5) using personally identifiable information in
9    research projects, provided that appropriate
10    confidentiality restrictions are employed to protect
11    against the unauthorized release of such information;
12        (6) releasing personally identifiable information in
13    response to a search warrant, grand jury, subpoena, or
14    lawful order from a court of competent jurisdiction;
15        (6.5) releasing personally identifiable information in
16    response to a subpoena in a pending civil action or lawful
17    order from a civil court of competent jurisdiction in
18    accordance with the following: (i) the Authority must, as
19    soon as practicable but no later than 7 days from its
20    receipt of the subpoena or order, notify the electronic
21    toll collection system user that it has received a
22    subpoena or order that seeks the user's personally
23    identifiable information, and that the user has the right
24    to move to quash the subpoena or set aside the order in the
25    issuing court; (ii) the Authority may use email to notify
26    the user of this subpoena; and (iii) the Authority may



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1    adopt rules to carry out this responsibility;
2        (7) releasing personally identifiable information to
3    law enforcement agencies if exigent circumstances make in
4    the case of an emergency when obtaining a warrant or
5    subpoena would be impractical; and
6        (8) releasing personally identifiable information to
7    the Authority's Inspector General, the Executive Inspector
8    General, or, at the Authority Inspector General's
9    direction, to law enforcement agencies under paragraphs
10    (5) and (6) of subsection (f) of Section 8.5 of 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. The exemption in this
20subsection shall not apply to information that concerns (i)
21the public duties of public employees and officials; (ii)
22whether an electronic toll collection system user has paid
23tolls; (iii) whether the Authority is enforcing toll violation
24penalties against electronic toll collection users who do not
25pay tolls; (iv) accidents or other incidents that occur on
26highways under the jurisdiction of the Authority; or (v) the



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1obligation, receipt, and use of the funds of the Authority.
2The exemption in this subsection (g) shall not be a limitation
3or restriction on other Freedom of Information Act exemptions
4applicable to personally identifiable information or private
6    (h) The Authority shall make personally identifiable
7information of a person available to any State or local
8agency, inspector general, or law enforcement agency in
9response to a grand jury subpoena or pursuant to an
11    (i) The Authority shall discard personally identifiable
12information not required for account maintenance or
13enforcement within 5 years. The Authority shall make every
14effort, within practical business and cost constraints, to
15purge the personal account information of an account that is
16closed or terminated. In no case shall the Authority maintain
17personal information more than 5 years after the date an
18account is closed or terminated unless required by another
20    (j) Nothing in this Section precludes compliance with a
21court order that has been issued or settlement agreement that
22has been approved on or before January 1, 2022.
23(Source: P.A. 97-342, eff. 8-12-11.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".