Illinois General Assembly - Full Text of HB4006
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Full Text of HB4006  101st General Assembly




State of Illinois
2019 and 2020


Introduced 1/8/2020, by Rep. Margo McDermed


605 ILCS 10/19.1

    Amends the Toll Highway Act. Provides that the Illinois State Toll Highway Authority may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Provides that, absent a search warrant to the contrary, the Authority shall immediately, but in any event within no more than 5 days, notify the person that his or her records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided. Effective immediately.

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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
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 facility
19that employs the Authority's electronic toll collection
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.
14    (d) By no later than December 31, 2011, the Authority shall
15establish a privacy policy regarding the collection and use of
16personally identifiable information. Upon its adoption, the
17policy shall be posted on the Authority's website and a copy
18shall be included with each transponder transmitted to a user.
19The policy shall include but need not be limited to the
21        (1) A description of the types of personally
22    identifiable information collected by the Authority.
23        (2) The categories of third-party persons or entities
24    with whom the Authority may share personally identifiable
25    information and for what purposes that information is
26    shared.



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



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1        (5) using personally identifiable information in
2    research projects, provided that appropriate
3    confidentiality restrictions are employed to protect
4    against the unauthorized release of such information;
5        (6) (blank); releasing personally identifiable
6    information in response to a warrant, subpoena or lawful
7    order from a court of competent jurisdiction;
8        (7) releasing personally identifiable information to
9    law enforcement agencies in the case of an emergency when
10    obtaining a warrant or subpoena would be impractical; and
11        (8) releasing personally identifiable information to
12    the Authority's Inspector General or, at the Inspector
13    General's direction, to law enforcement agencies under
14    paragraphs (5) and (6) of subsection (f) of Section 8.5 of
15    this Act.
16    (f) In any agreement allowing another public entity to use
17the Authority's toll collection system in a transportation
18facility, the Authority shall require the other public entity
19to comply with the requirements of this Section.
20    (g) Personally identifiable information generated through
21the Authority's toll collection process that reveals the date,
22time, location or direction of travel by an electronic toll
23collection system user shall be exempt from release under the
24Illinois Freedom of Information Act. The exemption in this
25subsection shall not apply to information that concerns (i) the
26public duties of public employees and officials; (ii) whether



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1an electronic toll collection system user has paid tolls; (iii)
2whether the Authority is enforcing toll violation penalties
3against electronic toll collection users who do not pay tolls;
4(iv) accidents or other incidents that occur on highways under
5the jurisdiction of the Authority; or (v) the obligation,
6receipt, and use of the funds of the Authority. The exemption
7in this subsection (g) shall not be a limitation or restriction
8on other Freedom of Information Act exemptions applicable to
9personally identifiable information or private information.
10    (h) The Authority may make personally identifiable
11information of a person available to a law enforcement agency
12only pursuant to a search warrant. Absent a search warrant to
13the contrary, the Authority shall immediately, but in any event
14within no more than 5 days, notify the person that his or her
15records have been obtained and shall provide the person with a
16copy of the search warrant and the identity of the law
17enforcement agency or peace officer to whom the records were
19(Source: P.A. 97-342, eff. 8-12-11.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.