                                 CODE OF VIRGINIA

RELEASE OF PERSONAL INFORMATION TO OR BY HOT LANES OPERATORS; PENALTY (§
33.2-504)

A. The HOT lanes operator may enter into an agreement with the Department of
Motor Vehicles, in accordance with the provisions of subdivision B 21 of &#xA7;
46.2-208, to obtain vehicle owner information regarding the owners of vehicles
that use HOT lanes and with the Department of Transportation to obtain any
information that is necessary to conduct electronic toll collection and
otherwise operate HOT lanes. Such agreement may include any information that may
be obtained by the Department of Motor Vehicles in accordance with any agreement
entered into pursuant to &#xA7; 46.2-819.9. No HOT lanes operator shall disclose
or release any personal information received from the Department of Motor
Vehicles or the Department of Transportation to any third party, except in the
issuance of a summons and institution of court proceedings in accordance with
&#xA7; 33.2-503. Information in the possession of a HOT lanes operator under
this section shall be exempt from disclosure under the Virginia Freedom of
Information Act (&#xA7; 2.2-3700 et seq.).

B. Information collected by a photo-enforcement system shall be limited
exclusively to that information that is necessary for the collection of unpaid
tolls. Notwithstanding any other provision of law, all photographs,
microphotographs, electronic images, or other data collected by a
photo-enforcement system shall be used exclusively for the collection of unpaid
tolls and shall not be (i) open to the public; (ii) sold or used for sales,
solicitation, or marketing purposes; (iii) disclosed to any other entity except
as may be necessary for the collection of unpaid tolls or to a vehicle owner or
operator as part of a challenge to the imposition of a toll; or (iv) used in a
court in a pending action or proceeding unless the action or proceeding relates
to a violation of &#xA7; 33.2-503 or upon order from a court of competent
jurisdiction. Information collected under this section shall be purged and not
retained later than 30 days after the collection and reconciliation of any
unpaid tolls, administrative fees, or civil penalties. Any entity operating a
photo-enforcement system shall annually certify compliance with this section and
make all records pertaining to such system available for inspection and audit by
the Commissioner of Highways or the Commissioner of the Department of Motor
Vehicles or their designee. Any violation of this subsection constitutes a Class
1 misdemeanor. In addition to any fines or other penalties provided for by law,
any money or other thing of value obtained as a result of a violation of this
section shall be forfeited to the Commonwealth.

HISTORY: 2004, c. 783, § 33.1-56.4; 2006, c. 859; 2014, c. 805; 2016, c. 753.