b) The images
shall not be publicly displayed or accessed by or distributed to persons other
than those authorized by this Section, unless otherwise explicitly allowed by
law.
1) The images shall be confidential and
shall not be disclosed, except to the following persons and for the following
reasons:
A) The individual upon written
request;
B) A family member or
estate executor of a deceased individual, upon written request and submission
of a copy of the death certificate or other proof of death and other
information, at the discretion of the Department, including but not limited to
the deceased individual's driver's license number, State issued ID number,
social security number, date of birth, date of death and last
address;
C) Police officers and
employees of the Secretary of State who have a need to have access to the
stored images to:
i) issue or control
driver's licenses and identification cards;
ii) conduct an investigation into fraudulent
activities;
iii) conduct hearings
regarding the cancellation, suspension or revocation of a driver's license or
identification card; or
iv)
register individuals under the Lobbyist Registration Act [25 ILCS 170
];
D) Illinois and
federal criminal justice agencies for lawful civil or criminal law enforcement
investigations;
E) Criminal justice
agencies from other states or jurisdictions for the purpose of lawful civil or
criminal law enforcement investigations;
F) For use and display by the Illinois State
Police in their Sex Offender Registry maintained by law and for display in the
Secretary of State Lobbyist Registry; or
G) Other jurisdictions that issue official
State driver's licenses and identification cards to ensure that an individual
has a valid driver's license or identification card, is not fraudulently using
identity information, is not fraudulently attempting to obtain or use a
driver's license or identification card, or for similar investigations by a
jurisdiction that are related to the issuance and control of driver's licenses
and identification cards.
H) A
Central Issuance driver's license/identification card vendor contracted by the
Department solely for the purpose of producing a driver's
license/identification card.
2) Broad secondary dissemination to the
public or to persons other than those authorized by this Section can occur if
the law enforcement entity responsible for the investigation for which the
image was requested deems further dissemination of the image to be necessary
for locating a suspect or crime victim or for protecting public or officer
safety in the course of a criminal investigation, and if:
A) No other suitable image is
available;
B) Additional methods of
verification of the person's identity and image have been completed;
C) The following disclaimer language is
included:
"Only for use as authorized by
625 ILCS
5/6-110.1 and 92 Ill. Adm. Code
1030.140.
This information and image cannot be certified to be anything other than the
information and image of the individual who presented himself or herself to the
Secretary of State's Office with the required forms of identification.";
and
D) It is approved in
advance in writing by the Secretary of State Department of Police.
3) Only images of a suspect in the
investigation for which the image was requested shall be used in any line-up or
photo array.