Ohio Code 5537.29 – Confidentiality of information
(A) As used in this section:
Terms Used In Ohio Code 5537.29
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Commission: means the Ohio turnpike and infrastructure commission created by section 5537. See Ohio Code 5537.01
- Governmental agency: means any state agency, federal agency, political subdivision, or other local, interstate, or regional governmental agency, and any combination of those agencies. See Ohio Code 5537.01
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Owner: includes all persons having any title or interest in any property authorized to be acquired by the commission for turnpike projects under this chapter, or the public entity for whom an infrastructure project is funded, in whole or in part, by the commission under this chapter. See Ohio Code 5537.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Rule: includes regulation. See Ohio Code 1.59
- Service of process: The service of writs or summonses to the appropriate party.
- state: means the state of Ohio. See Ohio Code 1.59
- Tolls: means tolls, special fees or permit fees, or other charges by the commission to the owners, lessors, lessees, or operators of motor vehicles for the operation of or the right to operate those vehicles on a turnpike project. See Ohio Code 5537.01
- United States: includes all the states. See Ohio Code 1.59
(1) “Electronic toll account record” means a record kept by the Ohio turnpike and infrastructure commission or any other tolling agency that contains the information required for the commission or other tolling agency to collect the tolls charged to the holder of the electronic toll account or the owner of a motor vehicle that travels on a tolled road.
(2) “Person” does not include any governmental agency.
(3) “Personal information” means information that identifies an individual, including an individual’s photograph or digital image, social security number, driver or driver’s license identification number, credit card or financial information, name, telephone number, or an individual’s address other than the five-digit zip code number. “Personal information” does not include information pertaining to a vehicular accident, driving or traffic violation, or driver’s status.
(B) Except as provided in division (C) of this section, the commission, and any employee or contractor of the commission, shall not knowingly disclose or otherwise make available to any person or entity any personal information about an individual that the commission obtained in connection with processing a toll, fine, fee, or an electronic toll account record.
(C) The commission, or an employee or contractor of the commission, may disclose personal information as follows:
(1) For the use of a governmental agency, including a court or law enforcement agency, in carrying out its functions, or for the use of a private person or entity acting on behalf of an agency of this state, another state, the United States, or a political subdivision of this state or another state in carrying out its functions;
(2) For use in connection with a civil, criminal, administrative, or arbitral proceeding in a court or agency of this state, another state, the United States, or a political subdivision of this state or another state or before a self-regulatory body, including use in connection with the service of process, investigation in anticipation of litigation, or the execution or enforcement of a judgment or order;
(3) Pursuant to an order of a court of this state, another state, the United States, or a political subdivision of this state or another state;
(4) For use by the financial institutions and credit issuing companies directly involved in a credit transaction pertaining to the payment of a toll, fine, or fee;
(5) For the collection of an unpaid toll, fine, fee, or other administrative charge;
(6) For use in exchanging information between other private and public toll transportation facilities;
(7) For any use not otherwise identified in divisions (C)(1) to (6) of this section that is in response to a request for personal information, if the individual whose personal information is requested completes and submits to the commission a form prescribed by the commission by rule giving express consent to such disclosure;
(8) For use by a person, state, or state agency that requests the personal information, if the person, state, or state agency demonstrates that it has obtained the written consent of the individual to whom the information pertains.
(D) The commission shall establish procedures for denying a request for the disclosure of personal information if the request does not satisfy the criteria for disclosure under division (C) of this section.
(E) The commission shall establish any forms and shall adopt rules in accordance with section 111.15 of the Revised Code as necessary to administer this section.
Last updated January 19, 2022 at 5:39 PM