Illinois General Assembly - Full Text of HB3342
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Full Text of HB3342  97th General Assembly




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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 Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory Exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10    (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12    (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15    (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures
17Board and any and all documents or other records prepared by
18the Experimental Organ Transplantation Procedures Board or its
19staff relating to applications it has received.
20    (d) Information and records held by the Department of
21Public Health and its authorized representatives relating to
22known or suspected cases of sexually transmissible disease or
23any information the disclosure of which is restricted under the



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1Illinois Sexually Transmissible Disease Control Act.
2    (e) Information the disclosure of which is exempted under
3Section 30 of the Radon Industry Licensing Act.
4    (f) Firm performance evaluations under Section 55 of the
5Architectural, Engineering, and Land Surveying Qualifications
6Based Selection Act.
7    (g) Information the disclosure of which is restricted and
8exempted under Section 50 of the Illinois Prepaid Tuition Act.
9    (h) Information the disclosure of which is exempted under
10the State Officials and Employees Ethics Act, and records of
11any lawfully created State or local inspector general's office
12that would be exempt if created or obtained by an Executive
13Inspector General's office under that Act.
14    (i) Information contained in a local emergency energy plan
15submitted to a municipality in accordance with a local
16emergency energy plan ordinance that is adopted under Section
1711-21.5-5 of the Illinois Municipal Code.
18    (j) Information and data concerning the distribution of
19surcharge moneys collected and remitted by wireless carriers
20under the Wireless Emergency Telephone Safety Act.
21    (k) Law enforcement officer identification information or
22driver identification information compiled by a law
23enforcement agency or the Department of Transportation under
24Section 11-212 of the Illinois Vehicle Code.
25    (l) Records and information provided to a residential
26health care facility resident sexual assault and death review



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1team or the Executive Council under the Abuse Prevention Review
2Team Act.
3    (m) Information provided to the predatory lending database
4created pursuant to Article 3 of the Residential Real Property
5Disclosure Act, except to the extent authorized under that
7    (n) Defense budgets and petitions for certification of
8compensation and expenses for court appointed trial counsel as
9provided under Sections 10 and 15 of the Capital Crimes
10Litigation Act. This subsection (n) shall apply until the
11conclusion of the trial of the case, even if the prosecution
12chooses not to pursue the death penalty prior to trial or
14    (o) Information that is prohibited from being disclosed
15under Section 4 of the Illinois Health and Hazardous Substances
16Registry Act.
17    (p) Security portions of system safety program plans,
18investigation reports, surveys, schedules, lists, data, or
19information compiled, collected, or prepared by or for the
20Regional Transportation Authority under Section 2.11 of the
21Regional Transportation Authority Act or the St. Clair County
22Transit District under the Bi-State Transit Safety Act.
23    (q) Information prohibited from being disclosed by the
24Personnel Records Review Act.
25    (r) Information prohibited from being disclosed by the
26Illinois School Student Records Act.



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1    (s) Information the disclosure of which is restricted under
2Section 5-108 of the Public Utilities Act.
3    (t) All identified or deidentified health information in
4the form of health data or medical records contained in, stored
5in, submitted to, transferred by, or released from the Illinois
6Health Information Exchange, and identified or deidentified
7health information in the form of health data and medical
8records of the Illinois Health Information Exchange in the
9possession of the Illinois Health Information Exchange
10Authority due to its administration of the Illinois Health
11Information Exchange. The terms "identified" and
12"deidentified" shall be given the same meaning as in the Health
13Insurance Accountability and Portability Act of 1996, Public
14Law 104-191, or any subsequent amendments thereto, and any
15regulations promulgated thereunder.
16    (u) (t) Records and information provided to an independent
17team of experts under Brian's Law.
18    (v) Personally identifiable information which is exempted
19from disclosure under subsection (g) of Section 19.1 of the
20Toll Highway Act.
21(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
2296-1331, eff. 7-27-10; revised 9-2-10.)
23    Section 10. The Toll Highway Act is amended by adding
24Section 19.1 as follows:



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1    (605 ILCS 10/19.1 new)
2    Sec. 19.1. Confidentiality of personally identifiable
3information obtained through electronic toll collection
5    (a) For purposes of this Section:
6    "Electronic toll collection system" is a system where a
7transponder, camera-based vehicle identification system, or
8other electronic medium is used to deduct payment of a toll
9from a subscriber's account or to establish an obligation to
10pay a toll.
11    "Electronic toll collection system user" means any natural
12person who subscribes to an electronic toll collection system
13or any natural person who uses a tolled transportation facility
14that employs the Authority's electronic toll collection
16    "Personally identifiable information" means any
17information that identifies or describes an electronic toll
18collection system user, including but not limited to travel
19pattern data, address, telephone number, e-mail address,
20license plate number, photograph, bank account information, or
21credit card number.
22    (b) Except as otherwise provided in this Section, the
23Authority may not sell or otherwise provide to any person or
24entity personally identifiable information of any electronic
25toll collection system user that the Authority obtains through
26the operation of its electronic toll collection system.



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1    (c) The Authority may, within practical business and cost
2constraints, store personally identifiable information of an
3electronic toll collection system user only if the information
4is required to perform account functions such as billing,
5account settlement, or toll violation enforcement activities.
6    (d) By no later than December 31, 2011, the Authority shall
7establish a privacy policy regarding the collection and use of
8personally identifiable information. Upon its adoption, the
9policy shall be posted on the Authority's website and a copy
10shall be included with each transponder transmitted to a user.
11The policy shall include but need not be limited to the
13        (1) A description of the types of personally
14    identifiable information collected by the Authority.
15        (2) The categories of third-party persons or entities
16    with whom the Authority may share personally identifiable
17    information and for what purposes that information is
18    shared.
19        (3) The process by which the Authority notifies
20    electronic toll collection system users of material
21    changes to its privacy policy.
22        (4) The process by which an electronic toll collection
23    system user may review and request changes to any of his or
24    her personally identifiable information.
25        (5) The effective date of the privacy policy.
26    (e) This Section does not prohibit the Authority from:



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



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1    law enforcement agencies in the case of an emergency when
2    obtaining a warrant or subpoena would be impractical; and
3        (8) releasing personally identifiable information to
4    the Authority's Inspector General or, at the Inspector
5    General's direction, to law enforcement agencies under
6    paragraphs (5) and (6) of subsection (f) of Section 8.5 of
7    this Act.
8    (f) In any agreement allowing another public entity to use
9the Authority's toll collection system in a transportation
10facility, the Authority shall require the other public entity
11to comply with the requirements of this Section.
12    (g) Personally identifiable information generated through
13the Authority's toll collection process that reveals the date,
14time, location or direction of travel by an electronic toll
15collection system user shall be exempt from release under the
16Illinois Freedom of Information Act. The exemption in this
17subsection shall not apply to information that concerns (i) the
18public duties of public employees and officials; (ii) whether
19an electronic toll collection system user has paid tolls; (iii)
20whether the Authority is enforcing toll violation penalties
21against electronic toll collection users who do not pay tolls;
22(iv) accidents or other incidents that occur on highways under
23the jurisdiction of the Authority; or (v) the obligation,
24receipt, and use of the funds of the Authority. The exemption
25in this subsection (g) shall not be a limitation or restriction
26on other Freedom of Information Act exemptions applicable to



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1personally identifiable information or private information.
2    Section 99. Effective date. This Act takes effect upon
3becoming law.