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Illinois Municipal Review
The Magazine of the Municipalities
July 1991
Offical Publication of the Illinois Municipal League
GEORGE H. RYAN
SAFEGUARD PRIVACY OF ILLINOIS
DRIVERS AND VEHICLE OWNERS

By Secretary of State GEORGE H. RYAN

I am pleased to announce that I recently proposed a set of reforms aimed at safeguarding the privacy of Illinois drivers and vehicle owners. While some changes could be made immediately, I asked the General Assembly to enact other reforms during the spring legislative session.

These changes, in effect, let you and me know when someone else is poking around for information (primarily names and addresses) in our driver or vehicle records. When they do, we will hold that request for 10 days, giving individuals a chance to take whatever steps they deem appropriate.

Legislative changes were proposed as an amendment to Senate Bill 1093. On the June 25 deadline for this article, the bill was awaiting its third reading in the Illinois House. In addition to notification of requests for records, the measure would provide for a fine of up to $500 for persons who misrepresent their identity or intent in obtaining driver or vehicle records. These proposals stop short of eliminating the release of addresses. However, they do reach a significant middle ground.

The Illinois Vehicle Code currently allows the release of several types of personal information, including home addresses and birth dates. Anyone can obtain written copies of that information for $2 (for a drivers license abstract) or $4 (for a vehicle registration search).

While much of this information is not sensitive, the size of our database makes us a leading provider of personal information. We must do what we can to balance personal privacy with the public's right to know.

As a first step, the Secretary of State's office is attaching a notice to drivers license and vehicle sticker renewal applications, explaining that certain information must be disclosed under the state's public information laws. The notice also states that mailing lists sometimes are sold to commercial interests, but that people can take steps to have their names removed from those lists.

I recognize that "mass mailers" can be a nuisance to some, but they threaten no one's personal safety. However, I feel it is important that people be informed of this and know they can stop unwanted solicitations.

My new initiative is an outgrowth of a campaign pledge to review the Secretary of State's policy on releasing information to the public. The review showed that the office has more than 15 million driver and motor vehicle records on file, virtually all available to the public.

With enactment of my proposals, Illinois would join several other states that have altered their laws and policies following the 1989 murder of Rebecca Schaeffer. The television actress was stalked and killed by a man who used California motor vehicle records to learn her address.

Interest in the Secretary of State's driver and vehicle records has grown over the years. Last year, businesses and individuals paid nearly $10 million into the state road fund for printed records or access to that database.

Under my proposals, law enforcement officials, government agencies, financial institutions, insurance companies and those in the automobile business would be exempt from the 10-day notice requirement. Anyone who obtains a signed waiver from an individual also could obtain information without the 10-day wait.

I am willing to discuss options that would make some of the now-public information available to the news media without delay, perhaps by withholding only addresses for the 10-day period.

In addition, I will form a Secretary of State's Advisory Council on Public Records and Privacy. Members of the council will include information users, privacy experts and members of the general public.

The council will be asked to review agreements with bulk purchasers of information and study the option of releasing mailing, rather than home addresses, to the public. The panel also will be asked to review the current fees charged for mailing lists and public records.

The Secretary of State's office has not examined privacy issues formally since 1983. •

Page 16 / Illinois Municipal Review / July 1991


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