Bill Text: IL SB2978 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Creates the Driver and Motor Vehicle Records Data Privacy Law. Provides that the purpose is to comply with the federal Driver's Privacy Protection Act of 1994 in order to protect the interest of individuals in their personal privacy by prohibiting the disclosure and use of personal information contained in their motor vehicle record, except as authorized by the individual or by law. Adds provisions concerning: disclosure of social security number; confidentiality of captured photographs, signatures, and images; confidentiality of documents submitted with applications for driver's licenses and vehicle transactions; restrictions on use of information for immigration enforcement; disclosure with consent; permitted disclosures; fees; commercial requesters; access agreements; audits; redisclosures; prohibitions and violations; data system security breaches; procedural safeguards; and rules. Repeals provisions of the Illinois Vehicle Code regarding confidentiality of captured photographs and images; confidentiality of documents submitted with an application for a driver's license; restrictions on use of information; and sale and distribution of information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 2-10 Third Reading Deadline Established As May 3, 2024 [SB2978 Detail]

Download: Illinois-2023-SB2978-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2978 Introduced 1/31/2024, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Vehicle Code. Creates the Driver and Motor Vehicle Records Data Privacy Law. Provides that the purpose is to comply with the federal Driver's Privacy Protection Act of 1994 in order to protect the interest of individuals in their personal privacy by prohibiting the disclosure and use of personal information contained in their motor vehicle record, except as authorized by the individual or by law. Adds provisions concerning: disclosure of social security number; confidentiality of captured photographs, signatures, and images; confidentiality of documents submitted with applications for driver's licenses and vehicle transactions; restrictions on use of information for immigration enforcement; disclosure with consent; permitted disclosures; fees; commercial requesters; access agreements; audits; redisclosures; prohibitions and violations; data system security breaches; procedural safeguards; and rules. Repeals provisions of the Illinois Vehicle Code regarding confidentiality of captured photographs and images; confidentiality of documents submitted with an application for a driver's license; restrictions on use of information; and sale and distribution of information.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is by changing
Section 1-100 and adding Article 2A as follows:
(625 ILCS 5/1-100) (from Ch. 95 1/2, par. 1-100)
Sec. 1-100. Short Title. This Act may be cited as the
Illinois Vehicle Code.
Portions of this Act may likewise be cited by a short title
as follows:
Chapters 2, 3, 4 and 5: the Illinois Vehicle Title &
Registration Law.
Chapter 2A: the Driver and Motor Vehicle Record Data
Privacy Law.
Chapter 6: the Illinois Driver Licensing Law.
Chapter 7: the Illinois Safety and Family Financial
Responsibility Law.
Chapter 11: the Illinois Rules of the Road.
Chapter 12: the Illinois Vehicle Equipment Law.
Chapter 13: the Illinois Vehicle Inspection Law.
Chapter 14: the Illinois Vehicle Equipment Safety Compact.
Chapter 15: the Illinois Size and Weight Law.
Chapter 17: the Illinois Highway Safety Law.

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Chapter 18a: the Illinois Commercial Relocation of
Trespassing Vehicles Law.
Chapter 18b: the Illinois Motor Carrier Safety Law.
Chapter 18c: the Illinois Commercial Transportation Law.
Chapter 18d: The Illinois Commercial Safety Towing Law.
(Source: P.A. 95-562, eff. 7-1-08.)
(625 ILCS 5/Ch. 2A heading new)
CHAPTER 2A. DRIVER AND MOTOR VEHICLE RECORD PRIVACY
(625 ILCS 5/2A-101 new)
Sec. 2A-101. Statement of intent and purpose. The purpose
of this Chapter is to comply with the federal Driver's Privacy
Protection Act of 1994 in order to protect the interest of
individuals in their personal privacy by prohibiting the
disclosure and use of personal information contained in their
motor vehicle record, except as authorized by the individual
or by law.
(625 ILCS 5/2A-102 new)
Sec. 2A-102. Definitions. As used in this Chapter:
"Access agreement" means an agreement between the
Secretary and any person, governmental entity, or private
party for access to the Secretary of State's electronic motor
vehicle records.
"Breach of the security of the system data" or "breach"

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means unauthorized acquisition of computerized data that
compromises the security, confidentiality, or integrity of
personally identifying information maintained by an authorized
recipient. "Breach of the security of the system data" does
not include good faith acquisition of personally identifying
information by an employee or agent of the authorized
recipient for an authorized purpose under this Chapter if the
personally identifying information is not used for a purpose
unrelated to the authorized purpose for which the personal
identifying information as obtained or subject to further
unauthorized disclosure.
"Disclose" means to engage in any practice or conduct to
make available and make known personal information contained
in a motor vehicle record about a person to any person,
organization, or entity, by any means of communication.
"Motor vehicle record" means any record that pertains to a
motor vehicle operator's permit, including, but not limited
to, a commercial learner's permit, driver's license,
instruction permit, monitoring device driving permit,
probationary license or restricted driving permit, motor
vehicle title, motor vehicle registration, or identification
card issued by the Secretary of State.
"Private party" means any natural person, firm,
co-partnership, association, or business entity other than a
governmental entity.
"Private toll transportation facility" means any toll

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operated or maintained on the roads, highways, or interstates
by a nongovernmental entity.
"Requester" means a person, private party, or governmental
entity requesting motor vehicle records or other information
from the Secretary of State.
(625 ILCS 5/2A-103 new)
Sec. 2A-103. Prohibition on disclosure of social security
number.
(a) The Secretary shall not disclose a social security
number provided to the Secretary of State in connection with a
motor vehicle record, whether an applicant provided a social
security number, or any associated information obtained from
the Social Security Administration except pursuant to a
written request by, or with the prior written consent of, the
individual, except:
(1) to officers and employees of the Secretary who
have a need to know the social security numbers in
performance of their official duties;
(2) to law enforcement officials for a civil or
criminal law enforcement investigation, and if an officer
of the law enforcement agency has made a written request
to the Secretary specifying the law enforcement
investigation for which the social security numbers are
being sought, though the Secretary retains the right to
require additional verification regarding the validity of

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the request;
(3) to the United States Department of Transportation
or any other state, pursuant to the administration and
enforcement of the Commercial Motor Vehicle Safety Act of
1986 or participation in state-to-state verification
service;
(4) pursuant to the order of a court of or a subpoena
issued by a court;
(5) to the Department of Healthcare and Family
Services for utilization in the child support enforcement
duties assigned to that Department under provisions of the
Illinois Public Aid Code after the individual has received
advanced notification of what redisclosure is sought by
the Secretary in accordance with the federal Privacy Act;
(6) to the Department of Healthcare and Family
Services and the Department of Human Services solely for
the purpose of verifying identity and Illinois residency
where such residency is an eligibility requirement for
benefits under the Illinois Public Aid Code or any other
health benefit program administered by the Department of
Healthcare and Family Services or the Department of Human
Services;
(7) to the Illinois Department of Revenue solely for
use by the Department in the collection of any tax or debt
that the Department of Revenue is authorized or required
by law to collect, provided that the Department shall not

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disclose the social security number to any person or
entity outside the Department;
(8) to the Illinois Department of Veterans' Affairs
for the purpose of confirming veteran status;
(9) the last 4 digits to the Illinois State Board of
Elections for purposes of voter registration and as may be
required pursuant to an agreement for a multi-state voter
registration list maintenance system. If social security
information is disclosed by the Secretary in accordance
with this Section, no liability shall rest with the Office
of the Secretary of State or any of its officers or
employees, as the information is released for official
purposes only; or
(10) to the United States Selective Service for
purposes of Selective Service registration.
(b) An Illinois governmental agency that receives an
individual's social security number under subsection (a) of
this Section may not redisclose the social security number
except as required by law. An Illinois governmental agency
that rediscloses a social security number as authorized by
this subsection shall maintain records for a minimum of 5
years that identify every entity to which the government
agency provided the social security number. Records kept in
accordance with this subsection must be made available to the
Secretary upon request.
(c) Nothing in this Section prohibits an individual from

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having access to that individual's own social security number
that was provided to the Secretary in connection with a motor
vehicle record.
(d) Knowingly obtaining or using a social security number
from a motor vehicle record in violation of this Section is a
Class A misdemeanor.
(e) Any person who uses or acquires a social security
number in violation of this Section that subjects the
Secretary to any liability or claim shall indemnify and hold
harmless the Secretary from all such liabilities and claims,
including attorney fees and court costs, incurred in any
action.
(625 ILCS 5/2A-104 new)
Sec. 2A-104. Confidentiality of captured photographs,
signatures, or images.
(a) The Secretary of State shall maintain all photographs,
signatures and images obtained in the process of issuing a
driver's license, permit, identification card, or in
connection to a Certificate of Title or vehicle registration.
Except as otherwise provided in this Section, the photographs,
signatures, and images shall be confidential and shall not be
disclosed except to the following persons:
(1) the individual upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored photographs,

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signatures, and images for purposes of issuing and
controlling driver's licenses, permits, or identification
cards and investigation of fraud or misconduct;
(3) law enforcement officials for a civil or criminal
law enforcement investigation;
(4) the State Board of Elections for the sole purpose
of providing the signatures required by a local election
authority to register a voter through an online voter
registration system;
(5) officers and employees of the Secretary of State
who have a need to have access to the stored photographs,
signatures, and images for purposes of issuing and
controlling notary public commissions and for the purpose
of providing the signatures required to process online
applications for appointment and commission as notaries
public; or
(6) other entities that the Secretary may authorize by
rule.
(b) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing a driver's license or permit to any
federal, state, or local law enforcement agency or other
governmental entity for the purpose of enforcing federal
immigration laws and in accordance with Section 2A-106. This
subsection shall not apply to requests from federal, state, or
local law enforcement agencies or other governmental entities

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for facial recognition search services or photographs obtained
in the process of issuing a driver's license or permit when the
purpose of the request relates to criminal activity other than
violations of immigration laws.
(625 ILCS 5/2A-105 new)
Sec. 2A-105. Confidentiality of documents submitted with
an application for driver's licenses and vehicle transactions.
Documents required to be submitted with an application for a
Certificate of Title, vehicle registration, or driver's
license to prove the applicant's identity (name and date of
birth), social security number or lack of a social security
number, written signature, residency, and, as applicable,
citizenship or immigration status and country of citizenship
shall be confidential and shall not be disclosed except to the
following persons:
(1) the individual to whom the Certificate of Title,
vehicle registration, or driver's license or permit was
issued, upon written request;
(2) officers and employees of the Secretary of State
who have a need to access the stored photographs,
signatures, and images for purposes of issuing and
controlling vehicle titling or vehicle registration,
driver's licenses, permits, or identification cards and
investigation of fraud or misconduct;
(3) law enforcement officials for a civil or criminal

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law enforcement investigation, except as restricted by
this Chapter;
(4) other entities that the Secretary may authorize by
rule.
(625 ILCS 5/2A-106 new)
Sec. 2A-106. Restrictions on use of information for
immigration enforcement.
(a) Notwithstanding any other provision of law, the
Secretary may not release or make accessible in any manner any
highly restricted personal information as defined in Section
1-125.9 or personally identifying information as defined in
Section 1-159.2, provide images, photos, or facial recognition
services as described in Section 2A-104 or disclose documents
as described in Section 2A-105 to any immigration agent as
defined in Section 10 of the Illinois TRUST Act, unless
necessary to comply with the following, to the extent that
production of such information or documents is specifically
required:
(1) a lawful court order;
(2) a judicial warrant signed by a judge appointed
pursuant to Article III of the Constitution of the United
States; or
(3) a subpoena for individual records issued by a
federal or State court.
When responding to such a court order, warrant, or

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subpoena, the Secretary shall disclose only those documents or
information specifically requested. Within 3 business days
after receiving such a court order, warrant, or subpoena, the
Secretary shall send a notification to the individual about
whom such information was requested that a court order,
warrant, or subpoena was received and the identity of the
entity that presented the court order, warrant, or subpoena.
(b) The Secretary shall not enter into or maintain any
agreement regarding the sharing of any highly restricted
personal information as defined in Section 1-125.9, personally
identifying information as defined in Section 1-159.2, images
or photos described in Section 6-110.1, or documents described
in Section 6-110.2 unless all other parties to such agreement
certify that the information obtained will not be used for
civil immigration purposes or knowingly disseminated to any
third party for any purpose related to civil immigration
enforcement.
(625 ILCS 5/2A-107 new)
Sec. 2A-107. Confidentiality of documents submitted with
an application for a driver's license. Documents required to
be submitted with an application for a driver's license to
prove the applicant's identity (name and date of birth),
social security number or lack of a social security number,
written signature, residency, and, as applicable, citizenship
or immigration status and country of citizenship shall be

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confidential and shall not be disclosed except to the
following persons:
(1) the individual to whom the driver's license or
permit was issued, upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored photographs,
signatures and images for purposes of issuing and
controlling driver's licenses, permits, or identification
cards and investigation of fraud or misconduct;
(3) law enforcement officials for a civil or criminal
law enforcement investigation, except as restricted by
Section 2A-106;
(4) other entities that the Secretary may authorize by
rule.
(625 ILCS 5/2A-108 new)
Sec. 2A-108. Disclosure with consent. Personally
identifying information as defined in this Code may be
disclosed upon request if the person making the request is the
subject of the information or the person making the request
demonstrates in such form and manner as the Secretary
prescribes that the person has obtained the written consent of
the person who is the subject of the information.
(625 ILCS 5/2A-109 new)
Sec. 2A-109. Permitted disclosures.

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(a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected State officials, State educational
institutions, and all other governmental units of the State or
federal government requesting them for governmental purposes.
The Secretary shall require any such applicant for services to
pay for the costs of furnishing such services and in addition
is empowered to establish prices and charges for the services
so furnished.
(b) The Secretary is further empowered to and may, in the
Secretary's discretion, furnish to any applicant other than
listed in subsection (a) of this Section, vehicle or driver
data via digital transmission at a fixed fee of $500, in
advance, and a charge of $50, per 1,000 motor vehicle records
or part thereof. This service shall not be in lieu of an
abstract of a driver's record nor of a title or registration
search. This information sold pursuant to this subsection may
be the entire vehicle or driver data list, or part thereof. The
information sold pursuant to this subsection shall not contain
personally identifying information unless the information is
to be used for one of the purposes identified in subsection
(d-5) of this Section and may not be used for solicitation in
any form or manner. Commercial purchasers of driver and
vehicle record databases shall enter into a written access

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agreement with the Secretary that includes disclosure of the
commercial use of the information to be purchased.
(c) The Secretary may compile a list of all registered
vehicles. Each list of registered vehicles shall be arranged
serially according to the registration numbers assigned to
registered vehicles and may contain in addition the names and
addresses of registered owners and a brief description of each
vehicle including the serial or other identifying number
thereof. Such compilation may be in such form as in the
discretion of the Secretary may deem best for the purposes
intended.
(d) The Secretary shall make a title or registration
search of the records of his office and a written report on the
same for any person, upon written application of such person,
accompanied by a fee of $5 for each registration or title
search. The written application shall set forth the intended
use of the requested information. No fee shall be charged for a
title or registration search, or for the certification
thereof, requested by a government agency. The report of the
title or registration search shall not contain personally
identifying information unless the request for a search was
made for one of the purposes identified in subsection (e) of
this Section. The report of the title or registration search
shall not contain highly restricted personal information
unless specifically authorized by this Chapter.
The Secretary shall certify a title or registration record

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upon written request. The fee for certification shall be $5 in
addition to the fee required for a title or registration
search. Certification shall be made under the signature of the
Secretary and shall be authenticated by Seal of the Secretary.
The Secretary may notify the vehicle owner or registrant
of the request for purchase of his title or registration
information as the Secretary deems appropriate. No information
shall be released to the requester until expiration of a
10-day period. This 10-day period shall not apply to requests
for information made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, the vehicle owner
or registrant or other entities as the Secretary may deem by
rule and regulation.
(e) The Secretary shall not disclose or otherwise make
available to any person or entity any personally identifying
information obtained by the Secretary in connection with a
motor vehicle record unless the information is disclosed for
one of the following purposes and the disclosure is not
further limited by this Code:
(1) For use by any governmental agency, including any
court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on
behalf of a federal, State, or local agency in carrying
out its functions.
(2) For use in connection with matters of motor

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vehicle or driver safety or theft; motor vehicle
emissions; motor vehicle product alterations, recalls, or
advisories; performance monitoring of the motor vehicles,
motor vehicle parts, and dealers; and removal of non-owner
records from the original owner records of motor vehicle
manufacturers.
(3) For use in the normal course of business by a
legitimate business or its agents, employees, or
contractors, but only if:
(A) to verify the accuracy of personal information
submitted by an individual to the business or its
agents, employees, or contractors; and
(B) if such information as so submitted is not
correct or is no longer correct, to obtain the correct
information, but only for the purposes of preventing
fraud by, pursuing legal remedies against, or
recovering on a debt or security interest, against the
individual.
(4) For use in research activities and for use in
producing statistical reports, if the personally
identifying information is not published, redisclosed, or
used to contact individuals.
(5) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any federal,
State, or local court or agency or before any
self-regulatory body, including the service of process,

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investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or
pursuant to an order of a federal, State, or local court.
(6) For use by any insurer or insurance support
organization or by a self-insured entity or its agents,
employees, or contractors in connection with claims
investigation activities, antifraud activities, rating, or
underwriting.
(7) For use in providing notice to the owners of towed
or impounded vehicles.
(8) For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a
commercial driver's license that is required under Chapter
313 of Title 49 of the United States Code.
(9) For use in connection with the operation of
private toll transportation facilities.
(10) For use by any requester, if the requester
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
(11) For use by members of the news media, as defined
in Section 1-148.5 for the purpose of newsgathering when
the request relates to the operation of a motor vehicle or
public safety. Requests made by the news media for motor
vehicle record information may be furnished without charge
or at a reduced charge, as determined by the Secretary,
when the specific purpose for requesting the documents is

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deemed to be in the public interest. Waiver or reduction
of the fee is in the public interest if the principal
purpose of the request is to access and disseminate
information regarding the health, safety, and welfare or
the legal rights of the general public and is not for the
principal purpose of gaining a personal or commercial
benefit.
(12) For any other use specifically authorized by law,
if that use is related to the operation of a motor vehicle
or public safety.
(f) The Secretary shall not disclose or otherwise make
available to any person or entity any highly restricted
personal information obtained by the Secretary in connection
with a motor vehicle record unless specifically authorized by
this Code.
(g)(1) The Secretary may, in accordance with this Code,
furnish to the person or agency so requesting a driver's
record or data contained therein. Such document may include a
record of: current driver's license issuance information,
except that the information on judicial permits or monitoring
device driving permits shall be available only as otherwise
provided by this Code; convictions, orders entered revoking
suspending or canceling a driver's license or privilege; and
notations of crash involvement. All other information, unless
otherwise permitted by this Code, shall remain confidential.
Information released pursuant to a request for a driver's

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record shall not contain personally identifying information,
unless the request for the driver's record was made for one of
the purposes set forth in subsection (e) of this Section. The
Secretary may, without fee, allow a parent or guardian of a
person under the age of 18 years, who holds an instruction
permit or graduated driver's license, to view that person's
driving record online, through a computer connection. The
parent or guardian's online access to the driving record will
terminate when the instruction permit or graduated driver's
license holder reaches the age of 18.
(2) The Secretary of State may certify an abstract of a
driver's record upon written request therefor. Such
certification shall be made under the signature of the
Secretary and shall be authenticated by the Seal of his
office.
(3) All requests for driving record information shall be
made in a manner prescribed by the Secretary and shall set
forth the intended use of the requested information.
The Secretary may notify the affected driver of the
request for purchase of his driver's record as the Secretary
deems appropriate.
No information shall be released to the requester until
expiration of a 10-day period. This 10-day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated

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businesses, the affected driver or other entities as the
Secretary may exempt by rule or regulation.
(4) The Secretary may furnish without fee, upon the
written request of a law enforcement agency, any information
from a driver's record on file with the Secretary when such
information is required in the enforcement of this Code or any
other law relating to the operation of motor vehicles,
including records of dispositions; documented information
involving the use of a motor vehicle; whether such individual
has, or previously had, a driver's license; and the address
and personal description as reflected on said driver's record.
(5) Except as otherwise provided in this Section, the
Secretary may furnish, without fee, information from an
individual driver's record on file, if a written request
therefor is submitted by any public transit system or
authority, public defender, law enforcement agency, a state or
federal agency, or an Illinois local intergovernmental
association, if the request is for the purpose of a background
check of applicants for employment with the requesting agency,
or the purpose of an official investigation conducted by the
agency, or to determine a current address for the driver so
public funds can be recovered or paid to the driver, or for any
other purpose set forth in subsection (e) of this Section.
The Secretary may also furnish the courts a copy of an
abstract of a driver's record, without fee, subsequent to an
arrest or issuance of a Uniform Citation and Complaint for any

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violation of a provision of this Code or a similar provision of
a local ordinance. Such abstract may include records of
dispositions; documented information involving the use of a
motor vehicle as contained in the current file; whether such
individual has, or previously had, a driver's license; and the
address and personal description as reflected on said driver's
record.
(6) Any certified abstract issued by the Secretary or
transmitted electronically by the Secretary pursuant to this
Section, to a court or on request of a law enforcement agency,
for the record of a named person as to the status of the
person's driver's license shall be prima facie evidence of the
facts therein stated and if the name appearing in such
abstract is the same as that of a person named in an
information or warrant, such abstract shall be prima facie
evidence that the person named in such information or warrant
is the same person as the person named in such abstract and
shall be admissible for any prosecution under this Code and be
admitted as proof of any prior conviction or proof of records,
notices, or orders recorded on individual driving records
maintained by the Secretary.
(7) Subject to any restrictions contained in the Juvenile
Court Act of 1987, and upon receipt of a proper request and a
fee as set forth in Section 6-118, the Secretary shall provide
a driver's record or data contained therein to the affected
driver, or the affected driver's attorney, upon verification.

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Such record shall contain all the information referred to in
paragraph (1) of this subsection, plus: any recorded crash
involvement as a driver; information recorded pursuant to
subsection (e) of Section 6-117 and paragraph (4) of
subsection (a) of Section 6-204. All other information, unless
otherwise permitted by this Code, shall remain confidential.
(h) Medical statements or medical reports received by the
Secretary of State's Office shall be confidential. Except as
provided in this Section, no confidential information may be
open to public inspection or the contents disclosed to anyone,
except officers and employees of the Secretary who have a need
to know the information contained in the medical reports and
the Driver License Medical Advisory Board, unless so directed
by an order of a court of competent jurisdiction, or in
response to a civil action filed pursuant to the
Administrative Procedure Act as it relates to an order of
cancellation, suspension, or revocation. If the Secretary
receives a medical report regarding a driver that does not
address a medical condition contained in a previous medical
report, the Secretary may disclose the unaddressed medical
condition to the driver or his or her physician, or both,
solely for the purpose of submission of a medical report that
addresses the condition.
(i) Notations of crash involvement that may be disclosed
under this Section shall not include notations relating to
damage to a vehicle or other property being transported by a

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tow truck. The information shall remain confidential, provided
that nothing in this subsection shall limit disclosure of any
notification of crash involvement to any law enforcement
agency or official.
(j) Pursuant to the Uniform Anatomical Gift Act and
pursuant to an access agreement as set forth in Section
2A-108, the Secretary shall allow organ procurement
organizations, as defined by the Uniform Anatomical Gift Act,
access to the name, address, gender, date of birth, driver's
license or identification card number, and date of consent a
person joined the First Person Consent organ and donor
registry for the purpose of determining whether a potential
organ and tissue donor is included in the First Person Consent
organ and tissue donor registry.
(625 ILCS 5/2A-110 new)
Sec. 2A-110. Fees. Disbursement of fees collected under
this Chapter shall be as follows:
(1) of the $20 fee for a driver's record, $11 shall be
paid into the Secretary of State Special Services Fund,
and $6 shall be paid into the General Revenue Fund;
(2) 50% of the amounts collected under this Chapter
shall be paid into the General Revenue Fund; and
(3) all remaining fees shall be disbursed under
subsection (g) of Section 2-119 of this Code.

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(625 ILCS 5/2A-111 new)
Sec. 2A-111. Commercial requesters; access agreements;
electronic access; data security; procedural safeguards.
(a) The Secretary may grant access to the electronic motor
vehicle records as provided in this Section or Section 5-47 of
the Anatomical Gift Act, for commercial use if the Secretary
determines there is a legitimate business need to grant access
and access is in the best interests of the State of Illinois.
(b) The Secretary may limit the number of persons
authorized to obtain direct electronic access and may
restrict, or establish priority for, access to motor vehicle
records as the Secretary deems necessary to avoid disruption
to the Secretary's normal operations, or as the Secretary
deems is in the best interests of the public.
(c) A request for electronic access to motor vehicle
records must be submitted in writing and include:
(1) a signed and notarized certified statement of use
that sets forth the purpose of the request and the
specific information or type of information sought. If
personally identifying information is requested, the
statement shall include the basis under which such
information may be disclosed under the Driver's Privacy
Protection Act, 18 U.S.C. 2721 et seq., and subsection (e)
of Section 2A-108 or that the requester has obtained the
consent of the person whose information has been requested
and that the data will not be used for any other purpose;

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and
(2) the requester's identity, including name, job
title and business address, and the name and address of
any organization associated with the request.
(d) Every requester must execute an access agreement and
agree to be responsible for:
(1) obtaining and maintaining access to the Internet
that is capable of Virtual Private Network (VPN) traffic
and preventing unauthorized use, access, or misuse of the
VPN;
(2) ensuring that any technology used by the requester
is compatible with Secretary of State technology; this
includes, but is not limited to, VPN tunnels, firewalls,
and routers;
(3) maintaining security procedures in the requester's
network and procedures deemed appropriate in the sole
discretion of the Secretary;
(4) maintaining reasonable measures in accordance with
industry-recognized leading cybersecurity practices,
necessary to prevent the unauthorized uses, access,
misuse, and disclosure of motor vehicle records and to
prevent unauthorized persons or entities from obtaining,
accessing, or using motor vehicle records;
(5) providing quarterly written certifications through
the duration of the access agreement confirming that the
requester has no evidence or other reason to believe that

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the information systems have been breached or otherwise
compromised in the preceding quarter;
(6) providing the requester's latest Service
Organization Control SOC 2, Type II report completed by a
certified auditing agency, as well as any gap letters
required to cover stated controls for the applicable
annual period not to exceed 3 months, if required in the
sole discretion of the Secretary;
(7) providing to the Secretary the names, work
addresses, and work phone numbers of all persons
responsible for maintaining motor vehicle record files
provided by the Secretary or otherwise executing the
provisions of an access agreement on behalf of the
requester. The names on the list are considered the users
on behalf of the requester;
(8) providing a written certification that Secretary
of State motor vehicle records or any portion thereof
shall not be transferred, nor accessed outside of the
United States, electronically or otherwise;
(9) certifying that the requester adheres to the most
current ISO NIST CSF or NIST Special Publication standards
available;
(10) agreeing to complete the Secretary of State
security assessment, if required by the Secretary, prior
to the execution of the access agreement;
(11) certifying that no employee nor officer of the

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requester accessing motor vehicle records has been
convicted of a felony, or that at least 5 years have passed
since the completion of the sentence;
(12) indemnifying and holding the Secretary of State
harmless from any data breach or unauthorized use of data.
(e) The Secretary may establish minimum security standards
and technological requirements and any terms and conditions as
he deems necessary for the agreement and the direct electronic
access to motor vehicle records, including, but not limited
to, requiring a comprehensive data security program and
designing, implementing, and regular tests of its safeguards.
If required by the Secretary of State, the requester shall be
required to perform penetrative testing of its data security
system at least semi-annually and shall promptly provide the
results of the testing upon request by the Secretary.
(f) An access agreement shall be for a term to be
determined by the Secretary.
(g) All users granted direct access are prohibited from
any type of data mining or web mining of Secretary of State
data. Prohibited data mining or web mining includes, but is
not limited to, use of website copying software, web data
pre-processing, creation of web metrics and mathematical
models, web log analysis, static and dynamic visitor
profiling, intelligent information retrieval, hyperlink
analysis, use of spider, crawl or both programs (vertical
search engines), web usage mining, web structure mining, web

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content mining, data/information extraction, web information
integration and schema matching, knowledge synthesis,
segmenting, noise detection, use of topic-sensitive PageRank
software, use of filtering techniques, meta-search engines, or
any other type of automated search of information that goes
beyond keyword extraction. Violation of this Section is
considered a material breach and may result in termination of
an access agreement and access to motor vehicle records. Data
or web mining is further considered computer tampering under
Section 17-51 of the Criminal Code of 2012.
(h)(1) The requester shall properly and timely dispose of
the materials containing personally identifiable information
in a manner that renders the personal information unreadable
and undecipherable, in accordance with the Personal
Information Protection Act.
(2) The requester shall not make any information from
motor vehicle records available to other persons, firms,
corporations, partnerships, members of the public, persons
outside the employ or direct control of the requester, or
other entities without the prior express written consent of
the Secretary, except as provided in an approved Certified
Statement of Use(s).
(3) A requester who sells or discloses any personally
identifying information obtained from the Secretary in any
manner allowed under the access agreement shall enter into a
written agreement with the party receiving the personally

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identifying information that, at a minimum:
(A) prohibits the redisclosure of the information;
(B) sets forth the authorized use as provided in
Section 2A-109 for which the receiving party acquired the
information;
(C) requires the person or entity receiving the
personally identifying information to acknowledge the
terms and conditions of the authorized recipient's access
agreement with the Secretary of State and to be subject to
the laws of the State of Illinois, including this Code;
and
(D) indemnifies and holds the Secretary of State
harmless from any data breach or unauthorized use of data.
(4) A requester who sells or discloses any personally
identifying information obtained from the Secretary in any
manner allowed under the access agreement shall maintain
records of the redisclosure and the written agreement required
by paragraph (5) of subsection (k) for a minimum of 5 years,
The requester shall make the records available to the
Secretary within 5 days upon request of the Secretary.
(5) The requester shall not sell or repackage any
information from motor vehicle records under the name of the
Secretary of State or use the State seal with respect to any
data obtained through an access agreement.
(6) The requester shall adhere to the Data Processing
Confidentiality Act. The requester agrees not to use, sell,

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furnish, or otherwise make available any motor vehicle record
accessed pursuant to an access agreement for any prohibited
reason, including, but not limited to, commercial solicitation
purposes, to contact individuals for advertising, offering for
sale, marketing or sale of products or services; or
identifying potential employees. A violation of this
subsection shall result in the denial of information for a
term of 5 years.
(7) The requester shall carry insurance coverage in
amounts sufficient to cover requester's potential liabilities
arising out of the provision of services under an access
agreement. The requester shall provide an insurance
certificate naming the Secretary as an additional insured on
the general liability, professional liability, and cyber
liability coverages and shall provide the insurance
certificates with evidence of additional insured status and
all required coverages prior to the execution of additional
insured status and all required coverages prior to the
execution of the access agreement. Insurance shall not limit
the requester's obligations to indemnify, defend, or settle
any and all claims. Requesters shall procure and maintain the
following insurance coverage throughout the term of an access
agreement and any renewals thereof:
(A) professional liability (errors and omissions)
insurance covering errors, omissions, or negligence in the
provision of services under an access agreement with

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limits determined by the Secretary in an amount
commiserate with the volume of records purchased by the
requester and necessary to protect the constituents of the
State of Illinois;
(B) cyber liability or data/privacy protection
insurance with limits determined by the Secretary in an
amount commiserate with the volume of records purchased by
the requester and necessary to protect the constituents of
the State of Illinois.
(i) The Secretary may require an agreement that a
requester seeking to obtain motor vehicle records shall hold
harmless and indemnify the Secretary for any money damages,
criminal fines, civil penalties, court costs, and attorney's
fees awarded to any person or entity by any state or federal
court resulting from any disclosure by the requester or by any
person to whom the requester provided information from a motor
vehicle record that is contrary to state or federal law.
(j) A breach of any provision contained within this
Chapter or the access agreement may be deemed a material
breach of the access agreement and result in the immediate
revocation of the access agreement.
(k) The Secretary may terminate an access agreement
immediately, if:
(1) the requested information is used for a purpose
other than the purpose identified in the written
application or in violation of any provision of Section

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2A-114;
(2) the requester violates any provision of the access
agreement; or
(3) the requester violates any provision of this
Chapter.
(625 ILCS 5/2A-112 new)
Sec. 2A-112. Random audit. The Secretary may, at any time,
conduct a random audit of applications for access agreements,
requests for information, or certified statements of use(s)
submitted and processed pursuant to this Chapter to verify the
authenticity of the documents and information submitted in
support of those applications.
Any person or entity receiving information from a motor
vehicle record or electronic access to motor vehicle records
pursuant to this Chapter shall have an affirmative duty to
cooperate with the audit and provide any information or
supporting documentation requested by the Secretary.
(625 ILCS 5/2A-113 new)
Sec. 2A-113. Redisclosure.
(a) If the Secretary discovers that personally identifying
information from a motor vehicle record has been wrongfully
disclosed by a requester, the requester shall notify the
entity or person to whom the personally identifying
information was wrongfully disclosed that the personally

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identifying information may not be used, resold, or
redisclosed in any way and must be immediately destroyed. The
Secretary shall notify the subject of the personally
identifying information that the personally identifying
information was wrongly disclosed.
(b) A requester who has access to motor vehicle records
and who rediscloses any personally identifying information
connected with a motor vehicle record must notify each entity
or person to whom the personally identifying information is
redisclosed that the personally identifying information may
not be further disclosed unless the redisclosure is authorized
by the Driver's Privacy Protection Act and this Code.
(625 ILCS 5/2A-114 new)
Sec. 2A-114. Prohibitions and violations of this Chapter.
(a) It is unlawful for any person to:
(1) knowingly misrepresent the person's identity or to
make a false statement to obtain any information
associated with a motor vehicle record;
(2) knowingly disclose, sell, or otherwise provide
personally identifying information from a motor vehicle
record to any person who is not authorized under this
Chapter to receive personally identifying information;
(3) knowingly obtain or use a motor vehicle record for
a reason other than authorized by this Code.
(b) A violation of this Section is a Class A misdemeanor.

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Each unauthorized disclosure, unauthorized use, or false
representation shall be a separate offense.
(c) Neither the Secretary nor its departments or employees
shall be civilly liable for any improper use or release of
motor vehicle records to any person obtaining such records as
provided in this Section.
(d) Any person convicted of a violation of this Chapter
shall be permanently barred from receiving motor vehicle
records.
(e) The Secretary shall forward any violations of this
Chapter to the appropriate prosecuting authority for
prosecution.
(f) The Secretary may refuse to disclose data under this
Chapter if the Secretary concludes that the requester is
likely to use the data for a purpose not authorized by this
Chapter.
(625 ILCS 5/2A-115 new)
Sec. 2A-115. Data system security breach. Any person who
has access to motor vehicle records who experiences a breach
of the security of the data system as defined in this Chapter
or has any reason to believe that Secretary of State data has
been compromised must comply with the Personal Information
Protection Act and provide the required notices to all persons
whose personally identifying information has been exposed. If
notices are not required by the Personal Information

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Protection Act, the Secretary of State may, at its discretion,
require notice be sent to persons whose data was obtained in a
data breach or by an unauthorized user.
(625 ILCS 5/2A-116 new)
Sec. 2A-116. Procedural safeguards to protect
confidentiality. Any person who has access to personally
identifying information from motor vehicle records shall
establish procedures to protect the confidentiality of those
records. If any personally identifying information is
redisclosed as allowed by this Chapter, the person receiving
the personally identifying information must also take all
steps necessary to ensure confidentiality and to prevent the
release of the personally identifying information.
(625 ILCS 5/2A-117 new)
Sec. 2A-117. Rules. The Secretary may adopt rules to
administer and enforce this Chapter.
(625 ILCS 5/2-123 rep.)
(625 ILCS 5/6-110.1 rep.)
(625 ILCS 5/6-110.2 rep.)
(625 ILCS 5/6-110.3 rep.)
Section 10. The Illinois Vehicle Code is amended by
repealing Sections 2-123, 6-110.1, 6-110.2, and 6-110.3.
SB2978 - 36 - LRB103 37104 MXP 67223 b
INDEX
Statutes amended in order of appearance
625 ILCS 5/1-100 from Ch. 95 1/2, par. 1-100
625 ILCS 5/Ch. 2A heading
new
625 ILCS 5/2A-101 new
625 ILCS 5/2A-102 new
625 ILCS 5/2A-103 new
625 ILCS 5/2A-104 new
625 ILCS 5/2A-105 new
625 ILCS 5/2A-106 new
625 ILCS 5/2A-107 new
625 ILCS 5/2A-108 new
625 ILCS 5/2A-109 new
625 ILCS 5/2A-110 new
625 ILCS 5/2A-111 new
625 ILCS 5/2A-112 new
625 ILCS 5/2A-113 new
625 ILCS 5/2A-114 new
625 ILCS 5/2A-115 new
625 ILCS 5/2A-116 new
625 ILCS 5/2A-117 new
625 ILCS 5/2-123 rep.
625 ILCS 5/6-110.1 rep.
625 ILCS 5/6-110.2 rep.
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