[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
92_HB0211eng HB0211 Engrossed LRB9201898MWdv 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. HB0211 Engrossed -2- LRB9201898MWdv 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, public libraries and all other governmental 11 units of the State and Federal Government requesting them for 12 governmental purposes. The Secretary shall require any such 13 applicant for services to pay for the costs of furnishing 14 such services and the use of the equipment involved, and in 15 addition is empowered to establish prices and charges for the 16 services so furnished and for the use of the electronic 17 equipment 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, or printout at a fixed fee of $250 in 22 advance and require in addition a further sufficient deposit 23 based upon the Secretary of State's estimate of the total 24 cost of the information requested and a charge of $25 per 25 1,000 units or part thereof identified or the actual cost, 26 whichever is greater. The Secretary is authorized to refund 27 any difference between the additional deposit and the actual 28 cost of the request. This service shall not be in lieu of an 29 abstract of a driver's record nor of a title or registration 30 search. The information sold pursuant to this subsection 31 shall be the entire vehicle or driver data list, or part 32 thereof. 33 (c) Secretary of State may issue registration lists. HB0211 Engrossed -3- LRB9201898MWdv 1 The Secretary of State shall compile and publish, at least 2 annually, a list of all registered vehicles. Each list of 3 registered vehicles shall be arranged serially according to 4 the registration numbers assigned to registered vehicles and 5 shall contain in addition the names and addresses of 6 registered owners and a brief description of each vehicle 7 including the serial or other identifying number thereof. 8 Such compilation may be in such form as in the discretion of 9 the Secretary of State may seem best for the purposes 10 intended. 11 (d) The Secretary of State shall furnish no more than 2 12 current available lists of such registrations to the sheriffs 13 of all counties and to the chiefs of police of all cities and 14 villages and towns of 2,000 population and over in this State 15 at no cost. Additional copies may be purchased at the fee of 16 $500 each or at the cost of producing the list as determined 17 by the Secretary of State. 18 (e) The Secretary of State shall upon written request 19 and the payment of the fee of $500 furnish the current 20 available list of such motor vehicle registrations to any 21 person so long as the supply of available registration lists 22 shall last. 23 (e-1) The Secretary of State may not sell database 24 information under this subsection without the written consent 25 of each person whose information will be sold. Commercial 26 purchasers of driver,andvehicle, and title record databases 27 shall enter into a written agreement with the Secretary of 28 State that includes disclosure of the commercial use of the 29 intended purchase. These purchasers must agree that they will 30 not use the database information for commercial solicitation 31 purposes or for criminal purposes. In addition to any other 32 fee charged under this Section, the Secretary of State must 33 charge the purchaser a fee that represents the commercial 34 value of the information, even if that fee significantly HB0211 Engrossed -4- LRB9201898MWdv 1 exceeds the reasonable cost of copying and providing the 2 information. The term "commercial solicitation purposes" 3 means the use of driver, vehicle, or title information to 4 contact individuals to advertise, offer for sale, market, or 5 sell products or services or to identify potential employees 6Affected drivers, vehicle owners, or registrants may request7that their personally identifiable information not be used8for commercial solicitation purposes. 9 (e-2) The Secretary of State may not knowingly disclose 10 or otherwise make available to any person or entity personal 11 information about any individual obtained by the Secretary of 12 State's office in connection with a motor vehicle record, 13 except with the written consent of the individual or as 14 permitted by subdivision (b)(1) through (11), (13), or (14) 15 of Section 2721 of the Driver's Privacy Protection Act of 16 1994 (18 U.S.C. 2721). 17 (f) The Secretary of State shall make a title or 18 registration search of the records of his office and a 19 written report on the same for any person, upon written 20 application of such person, accompanied by a fee of $5 for 21 each registration or title search. No fee shall be charged 22 for a title or registration search, or for the certification 23 thereof requested by a government agency. 24 The Secretary of State shall certify a title or 25 registration record upon written request. The fee for 26 certification shall be $5 in addition to the fee required for 27 a title or registration search. Certification shall be made 28 under the signature of the Secretary of State and shall be 29 authenticated by Seal of the Secretary of State. 30 The Secretary of State may notify the vehicle owner or 31 registrant of the request for purchase of his title or 32 registration information as the Secretary deems appropriate. 33 The vehicle owner or registrant residence address and 34 other personally identifiable information on the record shall HB0211 Engrossed -5- LRB9201898MWdv 1 not be disclosed. This nondisclosure shall not apply to 2 requests made by law enforcement officials, government 3 agencies, financial institutions, attorneys, insurers, 4 employers, automobile associated businesses, other business 5 entities for purposes consistent with the Illinois Vehicle 6 Code, the vehicle owner or registrant, or other entities as 7 the Secretary may exempt by rule and regulation. This 8 information may be withheld from the entities listed above, 9 except law enforcement and government agencies upon 10 presentation of a valid court order of protection for the 11 duration of the order. 12 No information shall be released to the requestor until 13 expiration of a 10 day period. This 10 day period shall not 14 apply to requests for information made by law enforcement 15 officials, government agencies, financial institutions, 16 attorneys, insurers, employers, automobile associated 17 businesses, persons licensed as a private detective or firms 18 licensed as a private detective agency under the Private 19 Detective, Private Alarm, and Private Security Act of 1983, 20 who are employed by or are acting on behalf of law 21 enforcement officials, government agencies, financial 22 institutions, attorneys, insurers, employers, automobile 23 associated businesses, and other business entities for 24 purposes consistent with the Illinois Vehicle Code, the 25 vehicle owner or registrant or other entities as the 26 Secretary may exempt by rule and regulation. 27 Any misrepresentation made by a requestor of title or 28 vehicle information shall be punishable as a petty offense, 29 except in the case of persons licensed as a private detective 30 or firms licensed as a private detective agency which shall 31 be subject to disciplinary sanctions under Section 22 or 25 32 of the Private Detective, Private Alarm, and Private Security 33 Act of 1983. 34 (g) 1. The Secretary of State may, upon receipt of a HB0211 Engrossed -6- LRB9201898MWdv 1 written request and a fee of $6, furnish to the person or 2 agency so requesting a driver's record. Such document 3 may include a record of: current driver's license 4 issuance information, except that the information on 5 judicial driving permits shall be available only as 6 otherwise provided by this Code; convictions; orders 7 entered revoking, suspending or cancelling a driver's 8 license or privilege; and notations of accident 9 involvement. All other information, unless otherwise 10 permitted by this Code, shall remain confidential. 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. 18 The Secretary of State may notify the affected 19 driver of the request for purchase of his driver's record 20 as the Secretary deems appropriate. 21 The affected driver residence address and other 22 personally identifiable information on the record shall 23 not be disclosed. This nondisclosure shall not apply to 24 requests made by law enforcement officials, government 25 agencies, financial institutions, attorneys, insurers, 26 employers, automobile associated businesses, other 27 business entities for purposes consistent with the 28 Illinois Vehicle Code, the affected driver, or other 29 entities as the Secretary may exempt by rule and 30 regulation. This information may be withheld from the 31 entities listed above, except law enforcement and 32 government agencies, upon presentation of a valid court 33 order of protection for the duration of the order. 34 No information shall be released to the requester HB0211 Engrossed -7- LRB9201898MWdv 1 until expiration of a 10 day period. This 10 day period 2 shall not apply to requests for information made by law 3 enforcement officials, government agencies, financial 4 institutions, attorneys, insurers, employers, automobile 5 associated businesses, persons licensed as a private 6 detective or firms licensed as a private detective agency 7 under the Private Detective, Private Alarm, and Private 8 Security Act of 1983, who are employed by or are acting 9 on behalf of law enforcement officials, government 10 agencies, financial institutions, attorneys, insurers, 11 employers, automobile associated businesses, and other 12 business entities for purposes consistent with the 13 Illinois Vehicle Code, the affected driver or other 14 entities as the Secretary may exempt by rule and 15 regulation. 16 Any misrepresentation made by a requestor of driver 17 information shall be punishable as a petty offense, 18 except in the case of persons licensed as a private 19 detective or firms licensed as a private detective agency 20 which shall be subject to disciplinary sanctions under 21 Section 22 or 25 of the Private Detective, Private Alarm, 22 and Private Security Act of 1983. 23 4. The Secretary of State may furnish without fee, 24 upon the written request of a law enforcement agency, any 25 information from a driver's record on file with the 26 Secretary of State when such information is required in 27 the enforcement of this Code or any other law relating to 28 the operation of motor vehicles, including records of 29 dispositions; documented information involving the use of 30 a motor vehicle; whether such individual has, or 31 previously had, a driver's license; and the address and 32 personal description as reflected on said driver's 33 record. 34 5. Except as otherwise provided in this Section, HB0211 Engrossed -8- LRB9201898MWdv 1 the Secretary of State may furnish, without fee, 2 information from an individual driver's record on file, 3 if a written request therefor is submitted by any public 4 transit system or authority, public defender, law 5 enforcement agency, a state or federal agency, or an 6 Illinois local intergovernmental association, if the 7 request is for the purpose of a background check of 8 applicants for employment with the requesting agency, or 9 for the purpose of an official investigation conducted by 10 the agency, or to determine a current address for the 11 driver so public funds can be recovered or paid to the 12 driver, or for any other lawful purpose. 13 The Secretary may also furnish the courts a copy of 14 an abstract of a driver's record, without fee, subsequent 15 to an arrest for a violation of Section 11-501 or a 16 similar provision of a local ordinance. Such abstract 17 may include records of dispositions; documented 18 information involving the use of a motor vehicle as 19 contained in the current file; whether such individual 20 has, or previously had, a driver's license; and the 21 address and personal description as reflected on said 22 driver's record. 23 6. Any certified abstract issued by the Secretary 24 of State or transmitted electronically by the Secretary 25 of State pursuant to this Section, to a court or on 26 request of a law enforcement agency, for the record of a 27 named person as to the status of the person's driver's 28 license shall be prima facie evidence of the facts 29 therein stated and if the name appearing in such abstract 30 is the same as that of a person named in an information 31 or warrant, such abstract shall be prima facie evidence 32 that the person named in such information or warrant is 33 the same person as the person named in such abstract and 34 shall be admissible for any prosecution under this Code HB0211 Engrossed -9- LRB9201898MWdv 1 and be admitted as proof of any prior conviction or proof 2 of records, notices, or orders recorded on individual 3 driving records maintained by the Secretary of State. 4 7. Subject to any restrictions contained in the 5 Juvenile Court Act of 1987, and upon receipt of a proper 6 request and a fee of $6, the Secretary of State shall 7 provide a driver's record to the affected driver, or the 8 affected driver's attorney, upon verification. Such 9 record shall contain all the information referred to in 10 paragraph 1 of this subsection (g) plus: any recorded 11 accident involvement as a driver; information recorded 12 pursuant to subsection (e) of Section 6-117 and paragraph 13 (4) of subsection (a) of Section 6-204 of this Code. All 14 other information, unless otherwise permitted by this 15 Code, shall remain confidential. 16 (h) The Secretary shall not disclose social security 17 numbers except pursuant to a written request by, or with the 18 prior written consent of, the individual except: (1) to 19 officers and employees of the Secretary who have a need to 20 know the social security numbers in performance of their 21 official duties, (2) to law enforcement officials for a 22 lawful, civil or criminal law enforcement investigation, and 23 if the head of the law enforcement agency has made a written 24 request to the Secretary specifying the law enforcement 25 investigation for which the social security numbers are being 26 sought, (3) to the United States Department of 27 Transportation, or any other State, pursuant to the 28 administration and enforcement of the Commercial Motor 29 Vehicle Safety Act of 1986, (4) pursuant to the order of a 30 court of competent jurisdiction, or (5) to the Department of 31 Public Aid for utilization in the child support enforcement 32 duties assigned to that Department under provisions of the 33 Public Aid Code after the individual has received advanced 34 meaningful notification of what redisclosure is sought by the HB0211 Engrossed -10- LRB9201898MWdv 1 Secretary in accordance with the federal Privacy Act; 2 provided, the redisclosure shall not be authorized by the 3 Secretary prior to September 30, 1992. 4 (i) The Secretary of State is empowered to promulgate 5 rules and regulations to effectuate this Section. 6 (j) Medical statements or medical reports received in 7 the Secretary of State's Office shall be confidential. No 8 confidential information may be open to public inspection or 9 the contents disclosed to anyone, except officers and 10 employees of the Secretary who have a need to know the 11 information contained in the medical reports and the Driver 12 License Medical Advisory Board, unless so directed by an 13 order of a court of competent jurisdiction. 14 (k) All fees collected under this Section shall be paid 15 into the Road Fund of the State Treasury, except that $3 of 16 the $6 fee for a driver's record shall be paid into the 17 Secretary of State Special Services Fund. 18 (l) The Secretary of State shall report his 19 recommendations to the General Assembly by January 1, 1993, 20 regarding the sale and dissemination of the information 21 maintained by the Secretary, including the sale of lists of 22 driver and vehicle records. 23 (m) Notations of accident involvement that may be 24 disclosed under this Section shall not include notations 25 relating to damage to a vehicle or other property being 26 transported by a tow truck. This information shall remain 27 confidential, provided that nothing in this subsection (m) 28 shall limit disclosure of any notification of accident 29 involvement to any law enforcement agency or official. 30 (n) Requests made by the news media for driver's 31 license, vehicle, or title registration information may be 32 furnished without charge or at a reduced charge, as 33 determined by the Secretary, when the specific purpose for 34 requesting the documents is deemed to be in the public HB0211 Engrossed -11- LRB9201898MWdv 1 interest. Waiver or reduction of the fee is in the public 2 interest if the principal purpose of the request is to access 3 and disseminate information regarding the health, safety, and 4 welfare or the legal rights of the general public and is not 5 for the principal purpose of gaining a personal or commercial 6 benefit. 7 (Source: P.A. 90-144, eff. 7-23-97; 90-330, eff. 8-8-97; 8 90-400, eff. 8-15-97; 90-655, eff. 7-30-98; 91-37, eff. 9 7-1-99; 91-357, eff. 7-29-99; 91-716, eff. 10-1-00.)