Section 1002.10  Applicability

 

This Part applies to the sale and dissemination of information contained in the Office of the Secretary of State that has been collected pursuant to the Illinois Vehicle Code [625 ILCS 5] for the issuance of driver's licenses, vehicle titles, and vehicle registrations and pursuant to the Illinois Identification Card Act [15 ILCS 335] for the issuance of identification cards.  This Part also applies to the dissemination of organ and tissue donor registry information that has been collected pursuant to the Anatomical Gift Act [755 ILCS 50] for the purpose of determining whether a potential organ and tissue donor is included in the First Person Consent organ and tissue donor registry.  Personally identifying information shall not be released to requestors unless otherwise permitted by statute or this Part.

 

(Source:  Amended at 45 Ill. Reg. 718, effective December 23, 2020)

 

Section 1002.20  Definitions

 

"Access Agreement" − an agreement entered into under Section 1002.60 of this Part by the Secretary of State and a recipient of drivers, title, vehicle, identification card information, or organ and tissue donor registry information covered by this Part.

 

"Attorney" – an individual who is licensed to practice law

 

"Automobile Associated Businesses" – shall include but not be limited to new or used vehicle dealerships, vehicle rental agencies, and tow truck operators

 

"Commercial Purchasers" – individuals and business entities who enter into a written agreement to buy all or a portion of the drivers, title, or vehicle list or individual records in bulk

 

"Commercial Solicitation Purposes" – the use of the drivers, vehicle or title list, or driving or identification card abstracts, to contact individuals for advertising, offering for sale, marketing or sale of products or services; or identifying potential employees, except for the United States armed forces

 

"Director" – the Director or Acting Director of either Driver Services or Vehicle Services, depending on the context

 

"Driver Services" – the Department of Driver Services of the Office of the Secretary of State

 

"Drivers List" – the entire list or any part of the list of all drivers licensed by the State of Illinois that includes the driver's name, address, weight, height, gender, color of eyes, color of hair, and date of birth, county of residence, zip code, license, classification, license restriction codes, and license issuance and expiration dates

 

"Driving Abstract" – a record kept by the Department of Driver Services on each driver licensed by the State of Illinois, containing all information required by IVC Section 6-106(b), all records of each driver's violations of the traffic laws, and administrative actions pertaining to driving privileges

 

"Employers" – individuals or business entities that permit individuals to work, when requesting information concerning current or prospective employees

 

"Financial Institutions" – banks, savings and loans, and credit unions, but not including currency exchanges

 

"Government Agencies" – units of local, state, or federal governmental agencies or elected governmental officials, including, but not limited to, Representatives, Senators, Congressmen, park board members, county board members, and school districts

 

"Identification Card Abstract" − a record kept by the Department of Driver Services on each person issued an identification card by the Secretary of State, containing all information required by the Illinois Identification Card Act [15 ILCS 335]

 

"Illinois Vehicle Code", "Vehicle Code", or "IVC" − 625 ILCS 5

 

"Insurers" – any insurance agent or company as defined in Section 2(e) of the Illinois Insurance Code [215 ILCS 5] authorized by the laws of any state to transact the business of insurance, and including all employees of such agent or company

 

"Law Enforcement Officials" – police agencies, state's attorneys' offices or court officials

 

"News Medium" – any newspaper or other periodical issued at regular intervals and having a general circulation; a news service; a radio station; a television station; a community antenna television service; and any person or corporation engaged in the making of news reels or other motion picture news for public showing

 

"Office" – the Office of the Secretary of State and not any particular department, address, or location

 

"Other Business Entities for Purposes Consistent with the Illinois Vehicle Code" – licensed remitters when requesting title or registration information; public libraries, public educational institutions, and private educational institutions when requesting driving records or registration or title information

 

"Personally Identifying Information" –

 

for driving records, the information regarding the driver's name, address (excluding the 5 digit zip code), date of birth, height, weight, hair color, eye color, email address, telephone number and driver's license number;

 

for title or vehicle records the:

 

information regarding the vehicle owner's name, address (excluding the 5 digit zip code), email address and telephone number; or

 

registration owner's address (excluding the 5 digit zip code), email address and telephone number;

 

for identification card records, the information regarding the identification card holder's name, address (excluding the 5 digit zip code), date of birth, height, weight, hair color, eye color, email address, telephone number, and identification card number

 

"Reporter" – any person regularly engaged in the business of collecting, writing or editing news for publication through a news medium; includes any person who was a reporter at the time the information sought was procured or obtained

 

"Request" – the written application upon the designated form or an acceptable alternative for the obtaining of a drivers list, vehicle list, title list, a driving or identification card abstract, or organ and tissue donor registry information

 

"Secretary" – the Secretary of State of Illinois

 

"Title List" – the list of all vehicles titled by the State of Illinois

 

"Vehicle List" – the list of all vehicles by identification number, with the name and address of the owners, that are registered by the State of Illinois

 

"Vehicle Services" – the Department of Vehicle Services of the Office of the Secretary of State

 

(Source:  Amended at 45 Ill. Reg. 718, effective December 23, 2020)

 

Section 1002.30  Fees

 

Drivers, vehicle, and title information shall not be sold for commercial solicitation purposes.

 

a)         Fees for drivers lists:

 

1)         for the sale of a drivers list pursuant to IVC Section 2-123(a) is $500.

 

2)         for the sale of a drivers list pursuant to IVC Section 2-123(b) is $500 plus $50 per 1,000 names, with a minimum cost of $500.

 

b)         Fees for title and vehicle information provided to public entities pursuant to IVC Section 2-123(a) shall be as follows:

 

1)         for title lists or parts of a list, $600;

 

2)         for lists of recent title transactions, $100;

 

3)         for passenger vehicle lists or parts of a list, $300;

 

4)         for miscellaneous vehicle lists or parts of a list, $200;

 

5)         for International Reciprocity Plan vehicle lists or parts of a list, $100;

 

6)         for computer searches of specific vehicle registration plate numbers, $100.

 

c)         The fees for title and vehicle information provided to private entities pursuant to IVC Section 2-123(b) shall be as follows:

 

1)         for title lists or parts of a list, $200 plus $20 per 1,000 records, or the actual cost or $600, whichever is greater;

 

2)         for lists of recent title transactions, $200 plus $20 per 1,000 records, or the actual cost, whichever is greater;

 

3)         for passenger vehicle lists or parts of a list, $200 plus $20 per 1,000 records, or the actual cost of $300, whichever is greater;

 

4)         for International Reciprocity Plan vehicle lists or parts of a list, $200 plus $20 per 1,000 records or the actual cost thereof, whichever is greater;

 

5)         for computer searches of specific vehicle registration plate numbers, $200 plus $20 per 1,000 records, or the actual cost thereof, whichever is greater.

 

d)         The information sold pursuant to subsection (a) or (b) of this Section shall be provided on a computer processible medium as prescribed by the Secretary.

 

e)         The fees for additional copies of registration lists provided to public entities pursuant to IVC Section 2-123(d) shall be as follows:

 

1)         for a complete list, $80;

 

2)         for a partial list (up to one-half of the complete list), $40.

 

f)         The information sold pursuant to subsection (e) of this Section shall be provided on a computer processible medium as prescribed by the Secretary.

 

g)         All fees, other than those paid by governmental agencies, shall be paid in advance of the delivery of any list to any purchaser.

 

h)         Fees for information supplied by means of computer connections between the Secretary's computers and those of any other agency, corporation, or person may be paid on a daily or monthly basis for all information delivered during that day or month, and shall be determined by the Secretary to be the most economically feasible way of billing.

 

i)          No refunds shall be given by the Secretary of State to any purchaser after the information has been provided to the purchaser.

 

j)          No fees shall be charged from those local, state, and federal governmental agencies that obtain information from the Secretary to enforce criminal laws.

 

k)         Computer terminal connections to the Secretary's computer may be provided to other State agencies.  This service may be made available at no charge as long as the requesting agency incurs all terminal costs and as long as the service does not substantially increase costs or network traffic on the Secretary's computer.

 

l)          Computer terminal connection may be allowed to non-governmental agencies provided that the expense of the equipment and communication costs are borne by the non-governmental agency.  The allowance of computer terminal connections shall be contingent upon the best interests of the Office of the Secretary of State, which is based upon the volume of requests received, the cost-effectiveness of providing the information through computer terminal connections, as opposed to other methods, and other factors that may impede the operations of the Office of the Secretary of State.  Should the connection interfere with the Secretary's internal work schedules and processing, this service may be suspended at any time.

 

(Source:  Amended at 34 Ill. Reg. 3666, effective March 5, 2010)

 

Section 1002.40  Requests

 

a)         Except as provided in subsection (d), all requests for any type of information for sale pursuant to IVC Section 2-123 must be in writing, be signed before a notary by the person requesting the information, and include that person's address, the purpose of the request, the specific information or type of information sought, the name and address of any organization represented and the position of the requestor in the organization.  This document shall be known as the Certified Statement of Use.

 

b)         All requests for online access to the organ and tissue donor registry from procurement organizations providing services in the State of Illinois pursuant to Section 5-47(i) of the Anatomical Gift Act [755 ILCS 50] shall be in writing, be signed before a notary by the person requesting organ and tissue donor information, and include that person's address, the name and address of the organization and the position of the requestor in the organization.  This document shall be known as the Certified Statement of Use.

 

c)         Information obtained by means of a computer connection between the Secretary's computers and those of any organization shall be requested in writing, as set forth in subsection (a).  Throughout the term of the Access Agreement, the requesting organization shall not deviate from the Certified Statement of Use.

 

d)         A request for an individual driving or identification card abstract must be in writing, signed by the person requesting the abstract, and include the requestor's address, driver's license or identification card number, purpose of the request, the

name and address of any organization represented, and an affirmation that the information provided by the requestor is true and correct to the best of the requestor's knowledge.  In addition, if the request is not made in person at a Secretary of State facility, the signature of the person making the request must be notarized.  Personally identifying information will be released only if the request falls within IVC Section 2-123(f-5).

 

(Source:  Amended at 45 Ill. Reg. 718, effective December 23, 2020)

 

Section 1002.42  Impermissible Uses of Personally Identifying Information

 

The Secretary of State shall not sell personally identifying information from the drivers, vehicle or title lists, or from a driving or identification card abstract for commercial solicitation purposes, as defined in this Part.

 

(Source:  Amended at 33 Ill. Reg. 3177, effective January 30, 2009)

 

Section 1002.45  Request for an Individual's Driving, Registration, or Title Information

 

a)         If a request is made for an individual's driving or identification card abstract, title or registration information, the individual shall be notified by the Secretary of the request and the identity of the requestor.  No information shall be released to the requestor until 10 days have elapsed from the date notice was mailed to the individual by the Secretary. No personally identifying information shall be released to a requestor, unless authorized by IVC Section 2-123 or this Part.

 

b)         The notification, 10-day waiting period, and non-disclosure of personally identifying information  provisions shall not apply to requests made by law enforcement officials, governmental agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, family members with written consent, the individual personally, or reporters or news media, or to other business entities for purposes consistent with the Illinois Vehicle Code.  The exemption to the notification, 10-day waiting period, and non-disclosure of personally identifying information provisions shall apply to the aforementioned requestors or to an authorized agent of the requestor acting within the scope of his or her employment, if such use is related to the operation of a motor vehicle or public safety.

 

c)         Requests made by the groups outlined in subsection (b) shall be exempt from the notification, 10-day waiting period, and non-disclosure of personally identifying information requirements only if the request is made for an official business purpose, which shall be documented by the requestor on the request form submitted to the Secretary.

 

d)         The notification, 10-day waiting period, and non-disclosure of personally identifying information outlined in subsection (a) shall not apply to bulk sale requests made through a computer connection, computer tapes or other data processing medium.   Information disclosed pursuant to this Section shall not be used for commercial solicitation purposes.

 

e)         Personally identifying information shall be withheld from exempted entities listed in subsection (b) if the individual about whom an inquiry is made submits a valid court order of protection to the Secretary.  This non-disclosure shall apply for the duration of the court order; however, law enforcement officials and governmental agencies shall always have access to this personally identifying information.

 

(Source:  Amended at 33 Ill. Reg. 3177, effective January 30, 2009)

 

Section 1002.50  Lists of Purchasers

 

All names of purchasers of the drivers list, vehicle list, or title list shall be maintained for at least four (4) years by those Departments.  These requests are public records and shall be disclosed to anyone requesting to inspect them during normal Secretary of State business hours at the office of the Director of Vehicle Services or Driver Services, as is appropriate. Copies of these records may be purchased at the cost of $.50 per page.

 

Section 1002.60  Access Agreement

 

a)         Access Agreement Required

All commercial or business purchasers or any federal, State or local entities in receipt of the drivers, vehicle, or title lists or driving or identification card abstracts, and all entities receiving drivers, vehicle or title lists or driving or identification card abstracts in bulk or via a computer connection, shall sign an Access Agreement with the Secretary.  All procurement organizations providing services in the State of Illinois that request online access to the organ and tissue donor registry shall sign an Access Agreement with the Secretary.

 

b)         Content of Access Agreement

 

1)         The Access Agreement shall include disclosure of:

 

A)        the specific use, which shall not include commercial solicitation purposes; or

 

B)        the permissible use of personal information, if applicable. 

 

2)         The Access Agreement shall contain the following:

 

A)        a requirement that the data not be used for criminal or immoral purposes;

 

B)        a statement that violation of any terms of the Access Agreement could result in the Secretary's denial of sale or disclosure of the data to the purchaser or recipient for a term of 5 years and the return of the data to the Secretary; and

 

C)        Any additional terms the Secretary deems necessary and appropriate to protect the integrity of the lists and abstracts (e.g., cyber security or cyber liability insurance).

 

c)         Redisclosure

 

1)         The redisclosure of the data is prohibited, except to the extent necessary to effectuate the purpose for which the original disclosure of the data was permitted. 

 

2)         Any authorized recipient that resells or rediscloses personal data covered by this Part must keep, for a period of 5 years, records identifying each person or entity that receives information and the permitted purpose for which the data will be used.  The purchaser must make these records available to the Secretary of State upon request.

 

(Source:  Amended at 45 Ill. Reg. 718, effective December 23, 2020)

 

Section 1002.70  Public Records

 

a)         Subject to the federal Driver's Privacy Protection Act (18 USC 2721 et seq.) and IVC Section 2-123, the drivers, title and vehicle lists, driving or identification card abstracts and lists of purchasers of this data are public records and may be examined and purchased for the appropriate fees for a legitimate and lawful purpose and use.

 

b)         The Secretary may sell the lists in their entirety on the medium the Secretary deems most economical and efficient, or in any reasonable part, such as by county or counties, age group, zip code groups, make or model of car, restriction codes, license issuance data, license expiration data, city, or other governmental or geographic division.  No listing shall be prepared and sold by the Secretary to any person or organization for commercial solicitation purposes.  Lists shall not be available by any type of driver's license sanction; i.e., suspension, revocation, cancellation, or denial.

 

(Source:  Amended at 33 Ill. Reg. 3177, effective January 30, 2009)

 

Section 1002.80  Lists of Licenses

 

All persons or organizations licensed by the Office to act as new or used car dealers, remittance agents, used parts dealers, scrap processors, automotive parts recyclers, and rebuilders, together with the business addresses for such persons or organizations, may be placed on a list or lists and sold for the fee of $.50 per page for each copy of each list of separate licenses.

 

Section 1002.90  Social Security Numbers

 

a)         Social Security Numbers of persons licensed to drive or issued an identification card by the State of Illinois shall not be disclosed to any person, public or private agency, corporation, or governmental body, except as permitted by IVC Section 2-123.

 

b)         Individual drivers or identification card holders may authorize the Secretary to release to designated persons or agencies the individual's Social Security Number. This authorization shall be in a written, notarized or affirmed statement delivered to the Director of the Department of Driver Services in Springfield.

 

(Source:  Amended at 33 Ill. Reg. 3177, effective January 30, 2009)