California Senate Bill SB1268 Amended / Bill

 BILL NUMBER: SB 1268AMENDED 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.