Electronic toll and transit fare collection systems.

Existing law requires the Department of Transportation, in cooperation with the Golden Gate Bridge, Highway and Transportation District and all known entities planning to implement a toll facility, to develop and adopt functional specifications and standards for an automatic vehicle identification system in compliance with specified objectives, and generally requires any automatic vehicle identification system purchased or installed after January 1, 1991, to comply with those specifications and standards. Existing law authorizes operators of toll facilities on federal-aid highways engaged in an interoperability program to provide only specified information regarding a vehicle's use of the toll facility. This bill would authorize those operators to provide instead only the information specified in functional specifications and standards adopted by the department and operators of toll facilities in this state on federal-aid highways for purposes of interstate interoperability. Existing law prohibits a transportation agency from selling or providing to any other person or entity personally identifiable information, as defined, of a person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll facility that employs an electronic toll collection system, except as specified. Existing law requires a transportation agency that employs an electronic toll collection or an electronic transit fare collection system to 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. This bill would specify that the transportation agency is required to provide a hard copy of, or internet link to, the privacy policy, as specified. The bill would require that the privacy policy include the process by which a subscriber provides opt-in consent to the use of their personally identifiable information for a specified purpose and the process for revoking that consent. Existing law requires a transportation agency to make every effort to purge the personal account information of an account that is closed or terminated. Under existing law, that requirement does not prohibit a transportation agency, or its designee, from performing financial and accounting functions. This bill would instead specify that the requirement does not prohibit a transportation agency from using or providing personally identifiable information for specified purposes, which the bill would assert is declarative of existing law. Existing law prohibits a transportation agency from using a nonsubscriber's personally identifiable information obtained using an electronic toll collection or electronic transit fare collection system to market products or services to that nonsubscriber, except marketing toll-related products or services in a notice of toll evasion. This bill would delete that exception and instead expressly authorize a transportation agency to include marketing for toll-related products or services in a notice related to a toll evasion or an invoice or receipt for pay-by-plate toll payment sent to a subscriber or nonsubscriber, which the bill would assert is declarative of existing law. This bill would make various technical changes, some of which the bill would assert are declarative of existing law.