Bill Text: IL SB2235 | 2021-2022 | 102nd General Assembly | Engrossed


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, 2022. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2021-07-16 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2235 Detail]

Download: Illinois-2021-SB2235-Engrossed.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
9system.
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
17person who subscribes to an electronic toll collection system
18or any natural person who uses a tolled transportation
19facility that employs the Authority's electronic toll
20collection system.
21 "Personally identifiable information" means any
22information that identifies or describes an electronic toll
23collection system user, including but not limited to travel

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

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

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1 violation enforcement, or other activities required to
2 operate and manage its toll collection system;
3 (4) communicating about products and services offered
4 by itself, a business partner, or another public agency;
5 (5) using personally identifiable information in
6 research projects, provided that appropriate
7 confidentiality restrictions are employed to protect
8 against the unauthorized release of such information;
9 (6) releasing personally identifiable information in
10 response to a warrant, grand jury, subpoena, or lawful
11 order from a court of competent jurisdiction;
12 (7) releasing personally identifiable information to
13 law enforcement agencies if exigent circumstances make in
14 the case of an emergency when obtaining a warrant or
15 subpoena would be impractical; and
16 (8) releasing personally identifiable information to
17 the Authority's Inspector General or, at the Inspector
18 General's direction, to law enforcement agencies under
19 paragraphs (5) and (6) of subsection (f) of Section 8.5 of
20 this Act.
21 (f) In any agreement allowing another public entity to use
22the Authority's toll collection system in a transportation
23facility, the Authority shall require the other public entity
24to comply with the requirements of this Section.
25 (g) Personally identifiable information generated through
26the Authority's toll collection process that reveals the date,

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1time, location or direction of travel by an electronic toll
2collection system user shall be exempt from release under the
3Illinois Freedom of Information Act and the information shall
4be used for enforcement purposes with respect to toll
5collections as specified in this Act and any action brought by
6a prosecutor acting in such a capacity. The exemption in this
7subsection shall not apply to information that concerns (i)
8the public duties of public employees and officials; (ii)
9whether an electronic toll collection system user has paid
10tolls; (iii) whether the Authority is enforcing toll violation
11penalties against electronic toll collection users who do not
12pay tolls; (iv) accidents or other incidents that occur on
13highways under the jurisdiction of the Authority; or (v) the
14obligation, receipt, and use of the funds of the Authority.
15The exemption in this subsection (g) shall not be a limitation
16or restriction on other Freedom of Information Act exemptions
17applicable to personally identifiable information or private
18information.
19 (h) The Authority shall make personally identifiable
20information of a person available in response to a grand jury
21subpoena and to a law enforcement agency pursuant to an
22investigation.
23 (i) The Authority shall discard personally identifiable
24information within 5 years. The Authority shall make every
25effort, within practical business and cost constraints, to
26purge the personal account information of an account that is

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1closed or terminated. In no case shall the Authority maintain
2personal information more than 5 years after the date an
3account is closed or terminated.
4 (j) Nothing in this Section precludes compliance with a
5court order or settlement agreement that has been approved on
6or before January 1, 2022.
7(Source: P.A. 97-342, eff. 8-12-11.)
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