Bill Text: IL HB3342 | 2011-2012 | 97th General Assembly | Chaptered

---

Bill Title: Amends the Toll Highway Act and the Freedom of Information Act. Provides that the Illinois State Toll Highway Authority may not sell or otherwise provide to third parties personally identifiable information obtained through its electronic toll collection system. Provides that the Authority may store personally identifiable information only if the information is required to perform account functions such as billing, account settlement, or toll violation enforcement activities. Provides that the Authority shall establish a privacy policy containing certain provisions by December 31, 2011. Provides that the Authority must discard personally identifiable information no more than 4 years after the closure date of the billing cycle, payment of the bill, and resolution of all applicable toll violations, and that the Authority shall purge personally identifiable information of a closed or terminated account no more than 4 years after account closure or termination. Provides exceptions to the prohibition on release of personally identifiable information. Defines terms. Provides that in any agreement allowing another public entity to use the Authority's toll collection system in a transportation facility, the Authority shall require the other public entity to comply with the stated privacy requirements. Provides that personally identifiable information generated through the Authority's toll collection process shall be exempt from release under the Illinois Freedom of Information Act.

Sponsorship: Moderate Partisan Bill (Democrat 8-2)

Status: (Passed) 2011-08-12 - Public Act . . . . . . . . . 97-0342 [HB3342 Detail]

Download: Illinois-2011-HB3342-Chaptered.html

---

Public Act 097-0342
HB3342 Enrolled LRB097 08287 HEP 48414 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the

Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review

team or the Executive Council under the Abuse Prevention Review
Team Act.
(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) (t) Records and information provided to an independent
team of experts under Brian's Law.
(v) Personally identifiable information which is exempted
from disclosure under subsection (g) of Section 19.1 of the
Toll Highway Act.
(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
96-1331, eff. 7-27-10; revised 9-2-10.)
Section 10. The Toll Highway Act is amended by adding
Section 19.1 as follows:

(605 ILCS 10/19.1 new)
Sec. 19.1. Confidentiality of personally identifiable
information obtained through electronic toll collection
system.
(a) For purposes of this Section:
"Electronic toll collection system" is a system where a
transponder, camera-based vehicle identification system, or
other electronic medium is used to deduct payment of a toll
from a subscriber's account or to establish an obligation to
pay a toll.
"Electronic toll collection system user" means any natural
person who subscribes to an electronic toll collection system
or any natural person who uses a tolled transportation facility
that employs the Authority's electronic toll collection
system.
"Personally identifiable information" means any
information that identifies or describes an electronic toll
collection system user, including but not limited to travel
pattern data, address, telephone number, e-mail address,
license plate number, photograph, bank account information, or
credit card number.
(b) Except as otherwise provided in this Section, the
Authority may not sell or otherwise provide to any person or
entity personally identifiable information of any electronic
toll collection system user that the Authority obtains through
the operation of its electronic toll collection system.

(c) 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.
(d) By no later than December 31, 2011, the Authority shall
establish a privacy policy regarding the collection and use of
personally identifiable information. Upon its adoption, the
policy shall be posted on the Authority's website and a copy
shall be included with each transponder transmitted to a user.
The policy shall include but need not be limited to the
following:
(1) A description of the types of personally
identifiable information collected by the Authority.
(2) The categories of third-party persons or entities
with whom the Authority may share personally identifiable
information and for what purposes that information is
shared.
(3) The process by which the Authority notifies
electronic toll collection system users of material
changes to its privacy policy.
(4) The process by which an electronic toll collection
system user may review and request changes to any of his or
her personally identifiable information.
(5) The effective date of the privacy policy.
(e) This Section does not prohibit the Authority from:

(1) providing aggregated traveler information derived
from collective data relating to a group or category of
electronic toll collection system users from which
personally identifiable information has been removed;
(2) sharing data with another transportation agency or
third-party vendor to comply with interoperability
specifications and standards regarding electronic toll
collection devices and technologies, provided that the
other transportation agency or third-party vendor may not
use personally identifiable information obtained under
this Section for a purpose other than described in this
Section;
(3) performing financial, legal and accounting
functions such as billing, account settlement, toll
violation enforcement, or other activities required to
operate and manage its toll collection system;
(4) communicating about products and services offered
by itself, a business partner, or another public agency;
(5) using personally identifiable information in
research projects, provided that appropriate
confidentiality restrictions are employed to protect
against the unauthorized release of such information;
(6) releasing personally identifiable information in
response to a warrant, subpoena or lawful order from a
court of competent jurisdiction;
(7) releasing personally identifiable information to

law enforcement agencies in the case of an emergency when
obtaining a warrant or subpoena would be impractical; and
(8) releasing personally identifiable information to
the Authority's Inspector General or, at the Inspector
General's direction, to law enforcement agencies under
paragraphs (5) and (6) of subsection (f) of Section 8.5 of
this Act.
(f) In any agreement allowing another public entity to use
the Authority's toll collection system in a transportation
facility, the Authority shall require the other public entity
to comply with the requirements of this Section.
(g) Personally identifiable information generated through
the Authority's toll collection process that reveals the date,
time, location or direction of travel by an electronic toll
collection system user shall be exempt from release under the
Illinois Freedom of Information Act. The exemption in this
subsection shall not apply to information that concerns (i) the
public duties of public employees and officials; (ii) whether
an electronic toll collection system user has paid tolls; (iii)
whether the Authority is enforcing toll violation penalties
against electronic toll collection users who do not pay tolls;
(iv) accidents or other incidents that occur on highways under
the jurisdiction of the Authority; or (v) the obligation,
receipt, and use of the funds of the Authority. The exemption
in this subsection (g) shall not be a limitation or restriction
on other Freedom of Information Act exemptions applicable to

personally identifiable information or private information.