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

290-RICR-60-00-2 ACTIVE RULE

2.1 Authority

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

2.2 Purpose

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.

2.3 Definitions

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.

2.4 Data Collection, Storage, and Privacy

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.

Title 290 Department of Transportation
Chapter 60 Bridges and Tolls
Subchapter 00 N/A
Part 2 Privacy Procedures Regarding Tolling (290-RICR-60-00-2)
Type of Filing Amendment
Regulation Status Active
Effective 03/14/2019

Regulation Authority :

R.I. Gen. Laws § 42-13.1-13

Purpose and Reason :

The "Privacy Procedures Regarding Tolling" sets forth provisions that ensure information collected by tolling infrastructure is only used for the purpose of tolling and therein, remains private.  The reasoning for the regulatory change is to update the time period of identifying correct vehicles subject to tolling because it is more labor intensive and time consuming than originally predicated.