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91_HB0069
LRB9100531DHpk
1 AN ACT in relation to the sale of certain information.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Privacy Protection Act.
6 Section 5. Sale of information. Except as provided in
7 Section 10, no Constitutional officer, nor any of the State
8 agencies under the jurisdiction of a Constitutional officer,
9 may sell information regarding Illinois citizens to any
10 entity for commercial solicitation purposes. A commercial
11 purchaser of a State database must enter into an agreement
12 with the State agency that includes disclosure of the
13 commercial use of the intended purchase. The purchaser must
14 agree that he or she will not use the database for commercial
15 solicitation purposes or for criminal purposes. A person who
16 violates this Section may not purchase any State database for
17 5 years and is liable for a civil fine of $10,000, to be
18 deposited into the General Revenue Fund. As used in this
19 Act, "commercial solicitation purposes" means the use of a
20 State database to contact individuals to advertise, offer for
21 sale, market, or sell products or services or to identify
22 potential employees.
23 Section 10. Public institutions of higher education;
24 exception. This Act does not apply to the sale of
25 information by a public institution of higher education. As
26 used in this Act, "public institution of higher education"
27 has the meaning ascribed to that term in the Board of Higher
28 Education Act.
29 Section 900. The Illinois Vehicle Code is amended by
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1 changing Section 2-123 as follows:
2 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
3 Sec. 2-123. Sale and Distribution of Information.
4 (a) Except as otherwise provided in this Section, the
5 Secretary may make the driver's license, vehicle and title
6 registration lists, in part or in whole, and any statistical
7 information derived from these lists available to local
8 governments, elected state officials, state educational
9 institutions, public libraries and all other governmental
10 units of the State and Federal Government requesting them for
11 governmental purposes. The Secretary shall require any such
12 applicant for services to pay for the costs of furnishing
13 such services and the use of the equipment involved, and in
14 addition is empowered to establish prices and charges for the
15 services so furnished and for the use of the electronic
16 equipment utilized.
17 (b) The Secretary is further empowered to and he may, in
18 his discretion, furnish to any applicant, other than listed
19 in subsection (a) of this Section, vehicle or driver data on
20 a computer tape, disk, or printout at a fixed fee of $200 in
21 advance and require in addition a further sufficient deposit
22 based upon the Secretary of State's estimate of the total
23 cost of the information requested and a charge of $20 per
24 1,000 units or part thereof identified or the actual cost,
25 whichever is greater. The Secretary is authorized to refund
26 any difference between the additional deposit and the actual
27 cost of the request. This service shall not be in lieu of an
28 abstract of a driver's record nor of a title or registration
29 search. The information sold pursuant to this subsection
30 shall be the entire vehicle or driver data list, or part
31 thereof.
32 (c) Secretary of State may issue registration lists.
33 The Secretary of State shall compile and publish, at least
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1 annually, a list of all registered vehicles. Each list of
2 registered vehicles shall be arranged serially according to
3 the registration numbers assigned to registered vehicles and
4 shall contain in addition the names and addresses of
5 registered owners and a brief description of each vehicle
6 including the serial or other identifying number thereof.
7 Such compilation may be in such form as in the discretion of
8 the Secretary of State may seem best for the purposes
9 intended.
10 (d) The Secretary of State shall furnish no more than 2
11 current available lists of such registrations to the sheriffs
12 of all counties and to the chiefs of police of all cities and
13 villages and towns of 2,000 population and over in this State
14 at no cost. Additional copies may be purchased at the fee of
15 $400 each or at the cost of producing the list as determined
16 by the Secretary of State.
17 (e) The Secretary of State shall upon written request
18 and the payment of the fee of $400 furnish the current
19 available list of such motor vehicle registrations to any
20 person so long as the supply of available registration lists
21 shall last.
22 (e-1) Commercial purchasers of driver, and vehicle, and
23 title record databases shall enter into a written agreement
24 with the Secretary of State that includes disclosure of the
25 commercial use of the intended purchase. These purchasers
26 must agree that they will not use the databases for
27 commercial solicitation purposes or for criminal purposes. A
28 person who violates this subsection (e-1) may not purchase a
29 driver, vehicle, or title record database from the Secretary
30 of State for 5 years and is liable for a civil fine of
31 $10,000, to be deposited into the General Revenue Fund. The
32 term "commercial solicitation purposes" means the use of
33 driver, vehicle, or title databases to contact individuals to
34 advertise, offer for sale, market, or sell products or
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1 services or to identify potential employees Affected drivers,
2 vehicle owners, or registrants may request that their
3 personally identifiable information not be used for
4 commercial solicitation purposes.
5 (e-2) The Secretary of State may not knowingly disclose
6 or otherwise make available to any person or entity personal
7 information about any individual obtained by the Secretary of
8 State's office in connection with a motor vehicle record,
9 except as permitted by subdivision (b)(1) through (11), (13),
10 or (14) of Section 2721 of the Driver's Privacy Protection
11 Act of 1994 (18 U.S.C. 2721).
12 (f) Title or registration search and certification
13 thereof - Fee. The Secretary of State shall make a title or
14 registration search of the records of his office and a
15 written report on the same for any person, upon written
16 application of such person, accompanied by a fee of $4 for
17 each registration or title search. No fee shall be charged
18 for a title or registration search, or for the certification
19 thereof requested by a government agency.
20 The Secretary of State shall certify a title or
21 registration record upon written request. The fee for
22 certification shall be $4 in addition to the fee required for
23 a title or registration search. Certification shall be made
24 under the signature of the Secretary of State and shall be
25 authenticated by Seal of the Secretary of State.
26 The Secretary of State may notify the vehicle owner or
27 registrant of the request for purchase of his title or
28 registration information as the Secretary deems appropriate.
29 The vehicle owner or registrant residence address and
30 other personally identifiable information on the record shall
31 not be disclosed. This nondisclosure shall not apply to
32 requests made by law enforcement officials, government
33 agencies, financial institutions, attorneys, insurers,
34 employers, automobile associated businesses, other business
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1 entities for purposes consistent with the Illinois Vehicle
2 Code, the vehicle owner or registrant, or other entities as
3 the Secretary may exempt by rule and regulation. This
4 information may be withheld from the entities listed above,
5 except law enforcement and government agencies upon
6 presentation of a valid court order of protection for the
7 duration of the order.
8 No information shall be released to the requestor until
9 expiration of a 10 day period. This 10 day period shall not
10 apply to requests for information made by law enforcement
11 officials, government agencies, financial institutions,
12 attorneys, insurers, employers, automobile associated
13 businesses, persons licensed as a private detective or firms
14 licensed as a private detective agency under the Private
15 Detective, Private Alarm, and Private Security Act of 1983,
16 who are employed by or are acting on behalf of law
17 enforcement officials, government agencies, financial
18 institutions, attorneys, insurers, employers, automobile
19 associated businesses, and other business entities for
20 purposes consistent with the Illinois Vehicle Code, the
21 vehicle owner or registrant or other entities as the
22 Secretary may exempt by rule and regulation.
23 Any misrepresentation made by a requestor of title or
24 vehicle information shall be punishable as a petty offense,
25 except in the case of persons licensed as a private detective
26 or firms licensed as a private detective agency which shall
27 be subject to disciplinary sanctions under Section 22 or 25
28 of the Private Detective, Private Alarm, and Private Security
29 Act of 1983.
30 (g) 1. The Secretary of State may, upon receipt of a
31 written request and a fee of $5, furnish to the person or
32 agency so requesting a driver's record. Such document
33 may include a record of: current driver's license
34 issuance information, except that the information on
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1 judicial driving permits shall be available only as
2 otherwise provided by this Code; convictions; orders
3 entered revoking, suspending or cancelling a driver's
4 license or privilege; and notations of accident
5 involvement. All other information, unless otherwise
6 permitted by this Code, shall remain confidential.
7 2. The Secretary of State may certify an abstract
8 of a driver's record upon written request therefor.
9 Such certification shall be made under the signature of
10 the Secretary of State and shall be authenticated by the
11 Seal of his office.
12 3. All requests for driving record information
13 shall be made in a manner prescribed by the Secretary.
14 The Secretary of State may notify the affected
15 driver of the request for purchase of his driver's record
16 as the Secretary deems appropriate.
17 The affected driver residence address and other
18 personally identifiable information on the record shall
19 not be disclosed. This nondisclosure shall not apply to
20 requests made by law enforcement officials, government
21 agencies, financial institutions, attorneys, insurers,
22 employers, automobile associated businesses, other
23 business entities for purposes consistent with the
24 Illinois Vehicle Code, the affected driver, or other
25 entities as the Secretary may exempt by rule and
26 regulation. This information may be withheld from the
27 entities listed above, except law enforcement and
28 government agencies, upon presentation of a valid court
29 order of protection for the duration of the order.
30 No information shall be released to the requester
31 until expiration of a 10 day period. This 10 day period
32 shall not apply to requests for information made by law
33 enforcement officials, government agencies, financial
34 institutions, attorneys, insurers, employers, automobile
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1 associated businesses, persons licensed as a private
2 detective or firms licensed as a private detective agency
3 under the Private Detective, Private Alarm, and Private
4 Security Act of 1983, who are employed by or are acting
5 on behalf of law enforcement officials, government
6 agencies, financial institutions, attorneys, insurers,
7 employers, automobile associated businesses, and other
8 business entities for purposes consistent with the
9 Illinois Vehicle Code, the affected driver or other
10 entities as the Secretary may exempt by rule and
11 regulation.
12 Any misrepresentation made by a requestor of driver
13 information shall be punishable as a petty offense,
14 except in the case of persons licensed as a private
15 detective or firms licensed as a private detective agency
16 which shall be subject to disciplinary sanctions under
17 Section 22 or 25 of the Private Detective, Private Alarm,
18 and Private Security Act of 1983.
19 4. The Secretary of State may furnish without fee,
20 upon the written request of a law enforcement agency, any
21 information from a driver's record on file with the
22 Secretary of State when such information is required in
23 the enforcement of this Code or any other law relating to
24 the operation of motor vehicles, including records of
25 dispositions; documented information involving the use of
26 a motor vehicle; whether such individual has, or
27 previously had, a driver's license; and the address and
28 personal description as reflected on said driver's
29 record.
30 5. Except as otherwise provided in this Section,
31 the Secretary of State may furnish, without fee,
32 information from an individual driver's record on file,
33 if a written request therefor is submitted by any public
34 transit system or authority, public defender, law
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1 enforcement agency, a state or federal agency, or an
2 Illinois local intergovernmental association, if the
3 request is for the purpose of a background check of
4 applicants for employment with the requesting agency, or
5 for the purpose of an official investigation conducted by
6 the agency, or to determine a current address for the
7 driver so public funds can be recovered or paid to the
8 driver, or for any other lawful purpose.
9 The Secretary may also furnish the courts a copy of
10 an abstract of a driver's record, without fee, subsequent
11 to an arrest for a violation of Section 11-501 or a
12 similar provision of a local ordinance. Such abstract
13 may include records of dispositions; documented
14 information involving the use of a motor vehicle as
15 contained in the current file; whether such individual
16 has, or previously had, a driver's license; and the
17 address and personal description as reflected on said
18 driver's record.
19 6. Any certified abstract issued by the Secretary
20 of State or transmitted electronically by the Secretary
21 of State pursuant to this Section, to a court or on
22 request of a law enforcement agency, for the record of a
23 named person as to the status of the person's driver's
24 license shall be prima facie evidence of the facts
25 therein stated and if the name appearing in such abstract
26 is the same as that of a person named in an information
27 or warrant, such abstract shall be prima facie evidence
28 that the person named in such information or warrant is
29 the same person as the person named in such abstract and
30 shall be admissible for any prosecution under this Code
31 and be admitted as proof of any prior conviction or proof
32 of records, notices, or orders recorded on individual
33 driving records maintained by the Secretary of State.
34 7. Subject to any restrictions contained in the
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1 Juvenile Court Act of 1987, and upon receipt of a proper
2 request and a fee of $5, the Secretary of State shall
3 provide a driver's record to the affected driver, or the
4 affected driver's attorney, upon verification. Such
5 record shall contain all the information referred to in
6 paragraph 1 of this subsection (g) plus: any recorded
7 accident involvement as a driver; information recorded
8 pursuant to subsection (e) of Section 6-117 and paragraph
9 4 of subsection (a) of Section 6-204 of this Code. All
10 other information, unless otherwise permitted by this
11 Code, shall remain confidential.
12 (h) The Secretary shall not disclose social security
13 numbers except pursuant to a written request by, or with the
14 prior written consent of, the individual except to: (1)
15 officers and employees of the Secretary who have a need to
16 know the social security numbers in performance of their
17 official duties, (2) law enforcement officials for a lawful,
18 civil or criminal law enforcement investigation, and if the
19 head of the law enforcement agency has made a written request
20 to the Secretary specifying the law enforcement investigation
21 for which the social security numbers are being sought, (3)
22 the United States Department of Transportation, or any other
23 State, pursuant to the administration and enforcement of the
24 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
25 the order of a court of competent jurisdiction, or (5) the
26 Department of Public Aid for utilization in the child support
27 enforcement duties assigned to that Department under
28 provisions of the Public Aid Code after the individual has
29 received advanced meaningful notification of what
30 redisclosure is sought by the Secretary in accordance with
31 the federal Privacy Act; provided, the redisclosure shall not
32 be authorized by the Secretary prior to September 30, 1992.
33 (i) The Secretary of State is empowered to promulgate
34 rules and regulations to effectuate this Section.
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1 (j) Medical statements or medical reports received in
2 the Secretary of State's Office shall be confidential. No
3 confidential information may be open to public inspection or
4 the contents disclosed to anyone, except officers and
5 employees of the Secretary who have a need to know the
6 information contained in the medical reports and the Driver
7 License Medical Advisory Board, unless so directed by an
8 order of a court of competent jurisdiction.
9 (k) All fees collected under this Section shall be paid
10 into the Road Fund of the State Treasury, except that $3 of
11 the $5 fee for a driver's record shall be paid into the
12 Secretary of State Special Services Fund.
13 (l) The Secretary of State shall report his
14 recommendations to the General Assembly by January 1, 1993,
15 regarding the sale and dissemination of the information
16 maintained by the Secretary, including the sale of lists of
17 driver and vehicle records.
18 (m) Notations of accident involvement that may be
19 disclosed under this Section shall not include notations
20 relating to damage to a vehicle or other property being
21 transported by a tow truck. This information shall remain
22 confidential, provided that nothing in this subsection (m)
23 shall limit disclosure of any notification of accident
24 involvement to any law enforcement agency or official.
25 (n) Requests made by the news media for driver's
26 license, vehicle, or title registration information may be
27 furnished without charge or at a reduced charge, as
28 determined by the Secretary, when the specific purpose for
29 requesting the documents is deemed to be in the public
30 interest. Waiver or reduction of the fee is in the public
31 interest if the principal purpose of the request is to access
32 and disseminate information regarding the health, safety, and
33 welfare or the legal rights of the general public and is not
34 for the principal purpose of gaining a personal or commercial
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1 benefit.
2 (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97;
3 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; 90-655, eff.
4 7-30-98.)
5 Section 999. Effective date. This Act takes effect upon
6 becoming law.