625 ILCS 5/2-123
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 2 - The Secretary Of State

 (from Ch. 95 1/2, par. 2-123)Sec. 2-123. Sale and distribution of information.(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 and 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 the  use of the equipment involved, and in addition is empowered to establish prices  and charges for the services so furnished and for the use of the electronic  equipment utilized.(b) The Secretary is further empowered to and he may, in his discretion,  furnish to any applicant, other than listed in subsection (a) of this Section,  vehicle or driver data on a computer tape, disk, other electronic format or  computer processable medium, or printout at a fixed fee of  $250 for orders received before October 1, 2003 and $500 for orders received  on or after October 1, 2003, in advance, and require in addition a  further sufficient  deposit based upon the Secretary of State's estimate of the total cost of the  information requested and a charge of $25 for orders received before October  1, 2003 and $50 for orders received on or after October 1, 2003, per 1,000  units or part  thereof identified or the actual cost, whichever is greater. The Secretary is  authorized to refund any difference between the additional deposit and the  actual cost of the request.  This service shall not be in lieu of an abstract  of a driver's record nor of a title or registration search.  This service may  be limited to entities purchasing a minimum number of records as required by  administrative rule.  The information  sold pursuant to this subsection shall 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 (f-5) of this  Section.  Commercial purchasers of driver and vehicle record databases shall  enter into a written agreement with the Secretary of State that includes  disclosure of the commercial use of the information to be purchased.(b-1) The Secretary is further empowered to and may, in his or her discretion, furnish vehicle or driver data on a computer tape, disk, or other electronic format or computer processible medium, at no fee, to any State or local governmental agency that uses the information provided by the Secretary to transmit data back to the Secretary that enables the Secretary to maintain accurate driving records, including dispositions of traffic cases. This information may be provided without fee not more often than once every 6  months.(c) Secretary of State may issue registration lists.  The Secretary  of State 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 of State may seem best for the purposes intended.(d) The Secretary of State shall furnish no more than 2 current available  lists of such registrations to the sheriffs of all counties and to the chiefs  of police of all cities and villages and towns of 2,000 population and over  in this State at no cost.  Additional copies may be purchased by the sheriffs  or chiefs of police at the fee  of $500 each or at the cost of producing the list as determined  by the Secretary of State.  Such lists are to be used for governmental  purposes only.(e) (Blank).(e-1) (Blank).(f) The Secretary of State 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 (f-5) of this Section. The report of the title or registration search shall not contain highly  restricted personal  information unless specifically authorized by this Code.The Secretary of State shall certify a title or registration record 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 of State  and shall be  authenticated by Seal of the Secretary of State.The Secretary of State 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, persons licensed as a private detective or firms  licensed as a private detective agency under the Private Detective, Private  Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are  acting on  behalf of law enforcement officials, government agencies, financial  institutions, attorneys, insurers, employers, automobile associated businesses,  and other business entities for purposes consistent with the Illinois Vehicle  Code, the vehicle owner or registrant or other entities as the Secretary may  exempt by rule and regulation.Any misrepresentation made by a requester of title or vehicle information  shall be punishable as a petty offense, except in the case of persons  licensed as a private detective or firms licensed as a private detective agency  which shall be subject to disciplinary sanctions under Section 40-10 of the  Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.(f-5) The Secretary of State shall not disclose or otherwise make  available to  any person or entity any personally identifying information obtained by the  Secretary  of State in connection with a driver's license, vehicle, or title registration  record  unless the information is disclosed for one of the following purposes:(1) For use by any government 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     vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of 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:(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, 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 any person licensed as a private     detective or firm licensed as a private detective agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, private investigative agency or security service licensed in Illinois for any purpose permitted under this subsection.(9) 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.(10) For use in connection with the operation of     private toll transportation facilities.(11) For use by any requester, if the requester     demonstrates it has obtained the written consent of the individual to whom the information pertains.(12) 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.(13) For any other use specifically authorized by     law, if that use is related to the operation of a motor vehicle or public safety.(f-6) The Secretary of State shall not disclose or otherwise make  available to any  person or entity any highly restricted personal information obtained by the  Secretary of  State in connection with a driver's license, vehicle, or  title registration  record unless  specifically authorized by this Code.(g) 1. The Secretary of State may, upon receipt of a written request  and a fee as set forth in Section 6-118, 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 driving  permits shall be available only as otherwise provided by this Code;  convictions; orders entered revoking, suspending or cancelling a  driver's  license or privilege; and notations of accident involvement.  All other  information, unless otherwise permitted by  this Code, shall remain confidential.  Information released pursuant to a  request for a driver's 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 (f-5) of this Section. The Secretary of State 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 shall not disclose or otherwise make available  to any  person or  entity any highly restricted personal information obtained by the Secretary of  State in  connection with a driver's license, vehicle, or title  registration record  unless specifically  authorized by this Code. 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 of State 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 of State 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 businesses, persons  licensed as a private detective or firms licensed as a private detective agency  under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act  of 2004,  who are employed by or are acting on behalf of law enforcement officials,  government agencies, financial institutions, attorneys, insurers, employers,  automobile associated businesses, and other business entities for purposes  consistent with the Illinois Vehicle Code, the affected driver or other  entities as the Secretary may exempt by rule and regulation.Any misrepresentation made by a requester of driver information shall  be punishable as a petty offense, except in the case of persons licensed as  a private detective or firms licensed as a private detective agency which shall  be subject to disciplinary sanctions under Section 40-10 of the Private  Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.4. The Secretary of State 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 of State 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 of  State 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 for 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 (f-5)  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 for a violation of  Section 11-501 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 of State or  transmitted electronically by the Secretary of State 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 of  State.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 of  State shall provide a driver's record or data contained therein to the affected driver, or the affected  driver's attorney, upon verification.  Such record shall contain all the  information referred to in paragraph 1 of this subsection (g) plus: any  recorded accident involvement as a driver; information recorded pursuant to  subsection (e) of Section 6-117 and paragraph (4) of subsection (a) of  Section 6-204 of this Code.  All other information, unless otherwise permitted  by this Code, shall remain confidential.(h) The Secretary shall not disclose social security numbers 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 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 competent jurisdiction, (5) to the Department of Healthcare and Family Services (formerly Department of Public Aid) 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  meaningful notification of what redisclosure is sought by the Secretary in  accordance with the federal Privacy Act, (5.5) to the Department of Healthcare and Family Services and the Department of Human Services solely for the purpose of verifying 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, (6) 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 disclose the social security number to any person or entity outside of the Department, (7) to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status, or (8) 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.(i) (Blank).(j) Medical statements or medical reports received in 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. 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.(k) Disbursement of fees collected under this Section shall be as follows: (1) of the $12 fee for a driver's record, $3 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 subsection (b) 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.(l) (Blank).(m) Notations of accident 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 tow truck.  This information shall remain  confidential, provided that nothing in this subsection (m) shall limit  disclosure of any notification of accident involvement to any law enforcement  agency or official.(n) Requests made by the news media for driver's license, vehicle, or  title registration 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 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.  The information provided 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 (f-5) of this Section.(o) The redisclosure of personally identifying information  obtained  pursuant  to this Section is prohibited, except to the extent necessary to effectuate the  purpose  for which the original disclosure of the information was permitted.(p) The Secretary of State is empowered to adopt rules  to  effectuate this Section.  (Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19; 101-326, eff. 8-9-19.)