§1002.60. Access Agreement  

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  • a)         Access Agreement Required

    All commercial or business purchasers or any federal, State or local entities in receipt of the drivers, vehicle, or title lists or driving or identification card abstracts, and all entities receiving drivers, vehicle or title lists or driving or identification card abstracts in bulk or via a computer connection, shall sign an Access Agreement with the Secretary.  All procurement organizations providing services in the State of Illinois that request online access to the organ and tissue donor registry shall sign an Access Agreement with the Secretary.


    b)         Content of Access Agreement


    1)         The Access Agreement shall include disclosure of:


    A)        the specific use, which shall not include commercial solicitation purposes; or


    B)        the permissible use of personal information, if applicable. 


    2)         The Access Agreement shall contain the following:


    A)        a requirement that the data not be used for criminal or immoral purposes;


    B)        a statement that violation of any terms of the Access Agreement could result in the Secretary's denial of sale or disclosure of the data to the purchaser or recipient for a term of 5 years and the return of the data to the Secretary; and


    C)        Any additional terms the Secretary deems necessary and appropriate to protect the integrity of the lists and abstracts (e.g., cyber security or cyber liability insurance).


    c)         Redisclosure


    1)         The redisclosure of the data is prohibited, except to the extent necessary to effectuate the purpose for which the original disclosure of the data was permitted. 


    2)         Any authorized recipient that resells or rediscloses personal data covered by this Part must keep, for a period of 5 years, records identifying each person or entity that receives information and the permitted purpose for which the data will be used.  The purchaser must make these records available to the Secretary of State upon request.


(Source:  Amended at 45 Ill. Reg. 718, effective December 23, 2020)