Bill Text: IL SB0312 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Toll Highway Act. Makes changes concerning the privacy policy of the Illinois State Toll Highway Authority regarding the release of personally identifiable information in response to a subpoena in a pending civil action or lawful order from a civil court of competent jurisdiction. Provides that the Authority may release personally identifiable information to a grand jury if exigent circumstances make obtaining a warrant or subpoena impractical (instead of "in the case of an emergency when obtaining a warrant or subpoena would be impractical"). Provides that the Authority may release personally identifiable information to the Executive Inspector General. Provides that the Authority shall make personally identifiable information of a person available to any State or local agency, inspector general, or law enforcement agency in response to a grand jury subpoena or pursuant to an investigation. 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, 2023. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB0312 Detail]

Download: Illinois-2023-SB0312-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0312 Introduced 2/2/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
605 ILCS 10/19.1
Amends the Toll Highway Act. Makes changes concerning the privacy policy of the Illinois State Toll Highway Authority regarding the release of personally identifiable information in response to a subpoena in a pending civil action or lawful order from a civil court of competent jurisdiction. Provides that the Authority may release personally identifiable information to a grand jury if exigent circumstances make obtaining a warrant or subpoena impractical (instead of "in the case of an emergency when obtaining a warrant or subpoena would be impractical"). Provides that the Authority may release personally identifiable information to the Executive Inspector General. Provides that the Authority shall make personally identifiable information of a person available to any State or local agency, inspector general, or law enforcement agency in response to a grand jury subpoena or pursuant to an investigation. 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, 2023. Effective immediately.
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A BILL FOR
SB0312 LRB103 25934 MXP 52285 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Toll Highway Act is amended by changing
Section 19.1 as follows:
(605 ILCS 10/19.1)
(Text of Section before amendment by P.A. 102-982)
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

SB0312 - 2 - LRB103 25934 MXP 52285 b
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

SB0312 - 3 - LRB103 25934 MXP 52285 b
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

SB0312 - 4 - LRB103 25934 MXP 52285 b
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 search warrant, grand jury, subpoena, or
lawful order from a court of competent jurisdiction;
(6.5) releasing personally identifiable information in
response to a subpoena in a pending civil action or lawful
order from a civil court of competent jurisdiction in
accordance with the following: (i) the Authority must, as
soon as practicable but no later than 7 days from its
receipt of the subpoena or order, notify the electronic
toll collection system user that it has received a
subpoena or order that seeks the user's personally
identifiable information, and that the user has the right
to move to quash the subpoena or set aside the order in the
issuing court; (ii) the Authority may use email to notify
the user of this subpoena, and the Authority's email shall
constitute proof of notice; and (iii) the Authority may
adopt rules to carry out this responsibility;
(7) releasing personally identifiable information to
law enforcement agencies if exigent circumstances make in
the case of an emergency when obtaining a warrant or
subpoena would be impractical; and

SB0312 - 5 - LRB103 25934 MXP 52285 b
(8) releasing personally identifiable information to
the Authority's Inspector General, the Executive Inspector
General, or, at the Authority 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.

SB0312 - 6 - LRB103 25934 MXP 52285 b
(h) The Authority shall make personally identifiable
information of a person available to any State or local
agency, inspector general, or law enforcement agency in
response to a grand jury subpoena or pursuant to an
investigation.
(i) The Authority shall discard personally identifiable
information not required for account maintenance or
enforcement within 5 years. 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. In no case shall the Authority maintain
personal information more than 5 years after the date an
account is closed or terminated unless required by another
statute.
(j) Nothing in this Section precludes compliance with a
court order that has been issued or settlement agreement that
has been approved on or before January 1, 2023.
(Source: P.A. 97-342, eff. 8-12-11.)
(Text of Section after amendment by P.A. 102-982)
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

SB0312 - 7 - LRB103 25934 MXP 52285 b
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

SB0312 - 8 - LRB103 25934 MXP 52285 b
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

SB0312 - 9 - LRB103 25934 MXP 52285 b
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 search warrant, grand jury, subpoena, or
lawful order from a court of competent jurisdiction;
(6.5) releasing personally identifiable information in
response to a subpoena in a pending civil action or lawful
order from a civil court of competent jurisdiction in
accordance with the following: (i) the Authority must, as
soon as practicable but no later than 7 days from its
receipt of the subpoena or order, notify the electronic
toll collection system user that it has received a
subpoena or order that seeks the user's personally

SB0312 - 10 - LRB103 25934 MXP 52285 b
identifiable information, and that the user has the right
to move to quash the subpoena or set aside the order in the
issuing court; (ii) the Authority may use email to notify
the user of this subpoena, and the Authority's email shall
constitute proof of notice; and (iii) the Authority may
adopt rules to carry out this responsibility;
(7) releasing personally identifiable information to
law enforcement agencies if exigent circumstances make 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, the Executive Inspector
General, or, at the Authority 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)

SB0312 - 11 - LRB103 25934 MXP 52285 b
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) crashes 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.
(h) The Authority shall make personally identifiable
information of a person available to any State or local
agency, inspector general, or law enforcement agency in
response to a grand jury subpoena or pursuant to an
investigation.
(i) The Authority shall discard personally identifiable
information not required for account maintenance or
enforcement within 5 years. 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. In no case shall the Authority maintain
personal information more than 5 years after the date an
account is closed or terminated unless required by another
statute.
(j) Nothing in this Section precludes compliance with a
court order that has been issued or settlement agreement that

SB0312 - 12 - LRB103 25934 MXP 52285 b
has been approved on or before January 1, 2023.
(Source: P.A. 102-982, eff. 7-1-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.