BILL NUMBER: SB 1268 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Simitian
FEBRUARY 19, 2010
An act to add Chapter 8 (commencing with Section 31490) to
Division 17 of the Streets and Highways Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1268, as introduced, Simitian. Toll bridges and highways:
electronic toll collection mechanisms: disclosure of personal
information.
Existing law authorizes development and implementation of various
electronic bridge and highway toll collection mechanisms.
This bill would prohibit a transportation agency, as defined, from
selling or providing personally identifiable information of a
subscriber obtained pursuant to the subscriber's participation in an
electronic toll collection system, subject to specified exceptions.
The bill would allow a transportation agency to store certain
personally identifiable information of a subscriber and would require
it to discard other information within a designated time period. The
bill would authorize a subscriber whose personally identifiable
information has been sold or provided in violation of the bill to
bring specified actions for recovery of damages, costs, and attorney'
s fees. By imposing new duties on local transportation agencies, the
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 8 (commencing with Section 31490) is added to
Division 17 of the Streets and Highways Code, to read:
CHAPTER 8. ELECTRONIC TOLL COLLECTION SYSTEMS
31490. (a) (1) Except as otherwise provided in this section, a
transportation agency may not sell or otherwise provide to any other
person or entity personally identifiable information, including, but
not limited to, travel pattern data, address, telephone number, bank
account information, or credit card number, of any person who
subscribes to an electronic toll collection system.
(2) A transportation agency may make personally identifiable
information of a subscriber described in paragraph (1) available to a
law enforcement agency pursuant to a search warrant. Absent a
provision in the search warrant to the contrary, the law enforcement
agency shall immediately notify the subscriber that his or her
records have been obtained and shall provide the subscriber with a
copy of the search warrant and the identity of the law enforcement
agency or peace officer to whom the records were provided.
(b) A transportation agency may, within practical business and
cost constraints, store only personally identifiable information of a
subscriber such as the account name, credit card number, billing
address, vehicle information, and other basic account information
required to perform account functions such as billing, account
settlement, or enforcement activities. All other information shall be
discarded six months after the closure date of the billing cycle or
60 days after the bill has been paid, whichever occurs last.
(c) A transportation agency shall take every effort, within
practical business and cost constraints, to purge the personal
account information of an account within 60 days after the date the
account is closed or terminated. In no case shall a transportation
agency maintain personal information more than 150 days after the
date an account is closed or terminated.
(d) (1) This section does not prohibit a peace officer, as defined
in Section 830.1 or 830.2 of the Penal Code, when conducting a
criminal or traffic collision investigation, from obtaining
personally identifiable information of persons who subscribe to an
electronic toll collection system, if the officer has good cause to
believe that a delay in obtaining this information by seeking a
search warrant would result in an imminent danger to the health or
safety of a member of the public. The peace officer shall provide the
transportation agency with a written statement setting forth the
basis for his or her good cause belief.
(2) When obtaining personally identifiable information of persons
who subscribe to an electronic toll collection system the peace
officer shall, within a reasonable time, but not more than 30 days,
notify the subscriber that his or her records have been obtained,
identify the law enforcement agency or peace officer to whom the
records have been provided, and provide the subscriber with a copy of
the written statement provided to the transportation agency pursuant
to paragraph (1) that sets forth the basis for his or her good cause
belief. If the notification to the subscriber would interfere with
an ongoing investigation, the peace officer or law enforcement agency
may request a court order for a 30-day extension of the notice
requirement.
(e) This section does not prohibit a transportation agency in
subdivision (a) from providing aggregated traveler information
derived from collective data that relates to a group or category of
subscribers from which personally identifiable information has been
removed.
(f) For purposes of this section, "transportation agency" means
the Department of Transportation, the Bay Area Toll Authority, any
entity operating a toll bridge, toll lane, or toll highway within the
state, or any entity under contract with any of the above entities.
(g) For purposes of this section, "electronic toll collection
system" is a system where a transponder or other electronic medium is
used to deduct payment of a toll from a subscriber's account.
(h) This section does not prohibit a transportation agency from
sharing data with another transportation agency solely to comply with
interoperability specifications and standards adopted pursuant to
Section 27565 regarding electronic toll collection devices and
technologies. A third party vendor may not use personally
identifiable information obtained under this subdivision for a
purpose other than described in this subdivision.
(i) Subdivision (b) or (c) shall not prohibit a transportation
agency, or its designee, from performing financial and accounting
functions such as billing, account settlement, enforcement, or other
financial activities required to operate and manage the toll
facilities.
(j) This section does not prohibit a transportation agency from
communicating exclusively about its transportation-related products
and services on behalf of itself or the agency with which it
contracts to subscribers of the transportation agency through a
contracted third-party vendor using personally identifiable
information limited to the subscriber's name, address, and electronic
mail address. Each communication shall contain a clear and
conspicuous notice and instructions to the subscriber regarding the
process for terminating any future communication about a
transportation-related product or service.
(k) In addition to any other remedies provided by law, a
subscriber shall have the following remedies:
(1) A subscriber whose personally identifiable information has
been knowingly sold or otherwise provided in violation of this
section may bring an action to recover either actual damages or two
thousand five hundred dollars ($2,500) for each individual violation,
whichever is greater, and may also recover reasonable costs and
attorney's fees.
(2) A subscriber whose personally identifiable information has
been knowingly sold or otherwise provided three or more times in
violation of this section may bring an action to recover either
actual damages or two thousand five hundred dollars ($2,500) for each
individual violation, whichever is greater, and may also recover
reasonable costs and attorney's fees.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.