Full Text of HB4006 101st General Assembly
HB4006ham001 101ST GENERAL ASSEMBLY | Rep. Margo McDermed Filed: 3/2/2020
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| 1 | | AMENDMENT TO HOUSE BILL 4006
| 2 | | AMENDMENT NO. ______. Amend House Bill 4006 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Toll Highway Act is amended by changing | 5 | | Section 19.1 as follows: | 6 | | (605 ILCS 10/19.1) | 7 | | Sec. 19.1. Confidentiality of personally identifiable | 8 | | information obtained through electronic toll collection | 9 | | system. | 10 | | (a) For purposes of this Section: | 11 | | "Electronic toll collection system" is a system where a | 12 | | transponder, camera-based vehicle identification system, or | 13 | | other electronic medium is used to deduct payment of a toll | 14 | | from a subscriber's account or to establish an obligation to | 15 | | pay a toll. | 16 | | "Electronic toll collection system user" means any natural |
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| 1 | | person who subscribes to an electronic toll collection system | 2 | | or any natural person who uses a tolled transportation facility | 3 | | that employs the Authority's electronic toll collection | 4 | | system. | 5 | | "Personally identifiable information" means any | 6 | | information that identifies or describes an electronic toll | 7 | | collection system user, including but not limited to travel | 8 | | pattern data, address, telephone number, e-mail address, | 9 | | license plate number, photograph, bank account information, or | 10 | | credit card number. | 11 | | (b) Except as otherwise provided in this Section, the | 12 | | Authority may not sell or otherwise provide to any person or | 13 | | entity personally identifiable information of any electronic | 14 | | toll collection system user that the Authority obtains through | 15 | | the operation of its electronic toll collection system. | 16 | | (c) The Authority may, within practical business and cost | 17 | | constraints, store personally identifiable information of an | 18 | | electronic toll collection system user only if the information | 19 | | is required to perform account functions such as billing, | 20 | | account settlement, or toll violation enforcement activities. | 21 | | (d) By no later than December 31, 2011, the Authority shall | 22 | | establish a privacy policy regarding the collection and use of | 23 | | personally identifiable information. Upon its adoption, the | 24 | | policy shall be posted on the Authority's website and a copy | 25 | | shall be included with each transponder transmitted to a user. | 26 | | The policy shall include but need not be limited to the |
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| 1 | | following: | 2 | | (1) A description of the types of personally | 3 | | identifiable information collected by the Authority. | 4 | | (2) The categories of third-party persons or entities | 5 | | with whom the Authority may share personally identifiable | 6 | | information and for what purposes that information is | 7 | | shared. | 8 | | (3) The process by which the Authority notifies | 9 | | electronic toll collection system users of material | 10 | | changes to its privacy policy. | 11 | | (4) The process by which an electronic toll collection | 12 | | system user may review and request changes to any of his or | 13 | | her personally identifiable information. | 14 | | (5) The effective date of the privacy policy. | 15 | | (e) This Section does not prohibit the Authority from: | 16 | | (1) providing aggregated traveler information derived | 17 | | from collective data relating to a group or category of | 18 | | electronic toll collection system users from which | 19 | | personally identifiable information has been removed; | 20 | | (2) sharing data with another transportation agency or | 21 | | third-party vendor to comply with interoperability | 22 | | specifications and standards regarding electronic toll | 23 | | collection devices and technologies, provided that the | 24 | | other transportation agency or third-party vendor may not | 25 | | use personally identifiable information obtained under | 26 | | this Section for a purpose other than described in this |
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| 1 | | Section; | 2 | | (3) performing financial, legal and accounting | 3 | | functions such as billing, account settlement, toll | 4 | | violation enforcement, or other activities required to | 5 | | operate and manage its toll collection system; | 6 | | (4) communicating about products and services offered | 7 | | by itself, a business partner, or another public agency; | 8 | | (5) using personally identifiable information in | 9 | | research projects, provided that appropriate | 10 | | confidentiality restrictions are employed to protect | 11 | | against the unauthorized release of such information; | 12 | | (6) releasing personally identifiable information in | 13 | | response to a warrant, subpoena or lawful order from a | 14 | | court of competent jurisdiction in accordance with the | 15 | | following: | 16 | | (A) No party to any proceeding, nor his or her | 17 | | attorney, shall serve a subpoena seeking to obtain | 18 | | access to records or communications under this Act | 19 | | unless the subpoena is accompanied by a written order | 20 | | issued by a judge, or by the written consent of the | 21 | | person whose records are being sought, authorizing the | 22 | | disclosure of the records or the issuance of the | 23 | | subpoena. | 24 | | (B) No such written order shall be issued without | 25 | | written notice of the motion to the person whose | 26 | | personally identifiable information is being sought. |
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| 1 | | (C) Prior to the issuance of the order, each party | 2 | | or other person entitled to notice shall be permitted | 3 | | an opportunity to be heard. | 4 | | (D) In the absence of the written consent under | 5 | | this Act of the person whose records are being sought, | 6 | | the Authority shall not comply with a subpoena for | 7 | | records or communications under this Act unless the | 8 | | subpoena is accompanied by a written order authorizing | 9 | | the issuance of the subpoena or the disclosure of the | 10 | | records. Each subpoena issued by a court or | 11 | | administrative agency shall include the following | 12 | | language: "The Authority shall not comply with a | 13 | | subpoena for personally identifiable information | 14 | | unless the subpoena is accompanied by a written order | 15 | | that authorizes the issuance of the subpoena and the | 16 | | disclosure of records or communications or by the | 17 | | written consent under of the person whose records are | 18 | | being sought." ; | 19 | | (7) releasing personally identifiable information to | 20 | | law enforcement agencies in the case of an emergency when | 21 | | obtaining a warrant or subpoena would be impractical; and | 22 | | (8) releasing personally identifiable information to | 23 | | the Authority's Inspector General or, at the Inspector | 24 | | General's direction, to law enforcement agencies under | 25 | | paragraphs (5) and (6) of subsection (f) of Section 8.5 of | 26 | | this Act. |
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| 1 | | (f) In any agreement allowing another public entity to use | 2 | | the Authority's toll collection system in a transportation | 3 | | facility, the Authority shall require the other public entity | 4 | | to comply with the requirements of this Section. | 5 | | (g) Personally identifiable information generated through | 6 | | the
Authority's toll collection process that reveals the date, | 7 | | time, location or
direction of travel by an electronic toll | 8 | | collection system user shall be
exempt from release under the | 9 | | Illinois Freedom of Information Act. The
exemption in this | 10 | | subsection shall not apply to information that concerns (i)
the | 11 | | public duties of public employees and officials; (ii) whether | 12 | | an electronic toll
collection system user has paid tolls; (iii) | 13 | | whether the Authority is
enforcing toll violation penalties | 14 | | against electronic toll collection users
who do not pay tolls; | 15 | | (iv) accidents or other incidents that occur on highways under | 16 | | the jurisdiction of the
Authority; or (v) the obligation, | 17 | | receipt, and use of the funds of the Authority. The exemption | 18 | | in this subsection (g) shall not be a limitation or restriction | 19 | | on other Freedom of Information Act exemptions applicable to | 20 | | personally identifiable information or private information.
| 21 | | (h) The Authority shall make personally identifiable | 22 | | information of a person available to any State or local agency | 23 | | or inspector general or law enforcement agency pursuant to an | 24 | | investigation. | 25 | | (Source: P.A. 97-342, eff. 8-12-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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