BILL NUMBER: SB 1268 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2010
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 amended, Simitian. Toll bridges , lanes,
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 person obtained pursuant to
the subscriber's person' s
participation in an electronic toll collection system or use of
a toll facility , subject to specified exceptions. The bill
would allow a transportation agency to store certain personally
identifiable information of a subscriber
person and would require it to discard other information within
a designated time period. The bill would authorize a
subscriber person whose personally identifiable
information has been sold or provided in violation of the bill to
bring a specified actions action
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 or who uses a toll bridge, toll lane, or
toll highway that employs 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 that employs an electronic toll
collection system shall establish a privacy policy regarding the
collection and use of personally identifiable information and provide
to subscribers of that system a copy of the privacy policy in a
manner that is conspicuous and meaningful. The policy shall include,
but need not be limited to, the following:
(1) The types of personally identifiable information that is
collected by the agency.
(2) The categories of third-party persons or entities with whom
the agency may share personally identifiable information.
(3) The process by which a transportation agency notifies
subscribers of material changes to its privacy policy.
(4) The effective date of the privacy policy.
(5) The process by which a subscriber may review and request
changes to any of his or her personally identifiable information.
(b)
(c) A transportation agency may, within practical
business and cost constraints, store only personally identifiable
information of a subscriber person 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)
(d) 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.
(e) (1) A transportation agency may make personally identifiable
information of a person 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, but not more than 15 days, notify the person that his or
her records have been obtained and shall provide the person with a
copy of the search warrant and the identity of the law enforcement
agency or peace officer to whom the records were provided.
(d) (1)
(2) (A) 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, a person 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)
(B) When obtaining personally identifiable information
of persons who subscribe to an electronic toll collection
system the a person, the peace officer shall
, within a reasonable time, but not more than 30
immediately, within no more than 15 days, notify the
subscriber person 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 person with a copy of the
written statement provided to the transportation agency pursuant to
paragraph (1) subparagraph (A) that
sets forth the basis for his or her good cause belief. If the
notification to the subscriber person
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)
(f) 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 persons from
which personally identifiable information has been removed.
(g) This section does not prohibit a transportation agency from
providing the license plate number of an intermodal chassis to the
owner of the chassis for purposes of locating the driver of the
chassis in the event the driver fails to pay the toll.
(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 (d) 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.
(f)
(k) 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)
(l) For purposes of this section, "electronic toll
collection system" is a system where a transponder , camera-based
vehicle identification system, or other electronic medium is
used to deduct payment of a toll from a subscriber's account or
to establish an obligation to pay a toll .
(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.
(m) For purposes of this section, "person" means any person who
subscribes to an electronic toll collection system or any person who
uses a toll bridge, toll lane, or toll road that employs an
electronic toll collection system.
(k)
(n) In addition to any other remedies provided by law,
a subscriber shall have the following remedies:
(1) A subscriber
whose personally identifiable information has person
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.