Privacy Procedures Regarding Tolling (290-RICR-60-00-2)

This Part is promulgated pursuant to R.I. Gen. Laws § 42-13.1-13.

These Rules and Regulations set forth procedures associated with privacy of the information collected pursuant to the implementation of R.I. Gen. Laws Chapter 42-13.1.

A.For the purpose of this regulation:

1.“Data” means any information gathered by the Rhode Island Department of Transportation or its designee/contractor that is associated with an individual who has passed through a toll gantry, whether that individual is a non-tolled individual or a tolled individual. Data is inclusive of the information associated with the payment of tolls.

2.“Department” means the Rhode Island Department of Transportation.

A. Any cameras or other imaging devices, or any other device or equipment, including, but not limited to: Radio frequency identification transponders, as defined in § 1.3(A)(7) of this Subchapter; automated license plate recognition systems; or GPS systems used to implement R.I. Gen. Laws Chapter 42-13.1 will only be used for toll collection purposes.

B. Any Data collected or stored in any database to implement R.I. Gen. Laws Chapter 42-13.1 shall be deemed private and shall not be subject to R.I. Gen. Laws Chapter 38-2, provided that aggregate Data not containing personal identifying information may be released.

C. Any Data collected to implement R.I. Gen. Laws Chapter 42-13.1 shall be used only for toll collection purposes and shall not otherwise be made available to law enforcement or other agencies except pursuant to a valid court order.

D. All images recorded, or Data collected, of motor vehicles that are not subject to a toll shall be destroyed as promptly as technologically feasible, but in no event more than thirty (30) calendar days after the time the image was recorded or Data collected, except pursuant to a valid court order.

E. All images recorded, or data collected, of large commercial trucks that are subject to a toll shall be destroyed within three (3) years of payment or other final disposition.

F.In the documented event of an unintended system interruption, the time authorized under §§ 2.4(D) or (E) of this Part for the maintenance of images recorded or Data collected may be extended, but only for the length of time of the system interruption.

G.Except as otherwise provided herein, neither the Department or its designee shall sell, trade, or exchange captured Data collected for any purpose other than toll collection.