Earlier this year I proposed new privacy legislation that would sharply restrict the kind of personal information available through the Secretary of State's office. After passing both the House and Senate almost unanimously, the measure (Senate Bill 901) now awaits the Governor's signature.

The bill would make four major changes in the way my office discloses information from driving and vehicle records.

• Prohibit the release of personal information to anyone without a specific, business-related reason for obtaining the material. Among those exempted would be insurance companies, auto-related businesses, law enforcement officials and the news media.

• Prohibit the release of addresses and physical descriptions to any purchaser if individuals notify my office that they have a court order of protection.

• Require companies that make bulk purchases of information to disclose how they plan to use the material.

• Allow motorists to have their names removed from lists purchased for commercial mailing purposes.

My new proposal builds on legislation implemented last July, which created a 10-day delay in the release of driving and vehicle records to the general public. That law also authorized my office to notify people when an individual requests a copy of their driving or vehicle records.

Since the 10-day notification period became effective, many people have called or written imploring us not to release their information under any circumstances. My office also notified more than 1,500 drivers and vehicle owners that someone had requested copies of their records.

A number of would-be purchasers have abandoned their efforts after learning that their names and addresses would be provided to the persons whose records they were interested in. In one case, the person requesting the information was in prison, and the record he requested belonged to someone in the victim's family. This is exactly the sort of activity that this legislation is designed to curtail.

Growing concern over privacy issues stems from the 1989 murder of actress Rebecca Schaeffer. Schaeffer was gunned down in the doorway of her California home by a stalker who obtained her address through that state's Department of Motor Vehicles. While no similar incident has occurred in Illinois, privacy safeguards outlined in this legislation will deter any possible attempts.

As Secretary of State, I am caretaker of more than 15 million driving and vehicle records, which are used for legitimate, business-related purposes. In 1992, my office sold more than 4.6 million driving records and nearly 60,000 vehicle records, raising about $10 million for the Road Fund.

Although individual requests by the general public constituted less than one percent of these transactions, I firmly believe that personal information should be restricted and safeguarded against undesirable intentions by individuals. This legislation should give added peace of mind to people who are concerned that a

July 1993 / Illinois Municipal Review / Page 21

stranger will obtain personal information about them through driving or vehicle records.

My new proposal, which would go into effect with the Governor's signature, addresses the right of government to acquire personal information while giving individuals assurance that this information is handled responsibly and their right to privacy is upheld. These recommendations were made in February by my Advisory Council on Public Records and Privacy. The advisory council was chaired by Springfield attorney William S. Hanley and included privacy experts, attorneys, law enforcement officials, representatives from retail and insurance organizations and members of the news media.

Balancing the interests in public disclosure with an individual's right to privacy is a delicate task for government. Technology has created a world in which bits of information can be stored, retrieved and bundled to create personal and financial profiles of individual Americans. Because government entities are the largest caretakers of such information, it is our responsibility to set standards to ensure that both sides of the privacy issue are recognized and respected. I am confident that this measure will do just that.

Senate sponsors for SB 901 were Sens. Frank Watson (R-Greenville), Adeline Geo-Karis (R-Zion) and Edward F. Petka (R-Plainfield). House sponsors were Reps. William B. Black (R-Danville), Margaret R. Parcells (R-Northfield), Judy Erwin (D-Chicago) and Jan Schakowsky (D-Evanston). •

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