Story from Chicago. (https://www.wbez.org/shows/wbez-news/how-your-private-illinois-tollway-data-is-shared-with-cops-and-divorce-lawyers/cea68ea0-4b13-481a-80a1-50bf0e9db738?fbclid=IwAR2AHj5V_f6QdRnGfb9LGZn_HFozz2dapGOUh5gtO8WqF4dDYvR-_EL77CA)
Apparently, this info is available to anyone who files a suit and gets a subpoena, including divorce lawyers.
This shows that cash payments should continue to be an option and should not carry a surcharge.
Quote from: renegade on September 20, 2019, 09:11:36 PM
This shows that cash payments should continue to be an option and should not carry a surcharge.
Or maybe stay off toll roads completely would be a better option.
Besides, this is just one piece is evidence. Cell phone records can be subpoenaed also, and as most people keep their GPS signals activated it would just show the same evidence.
Cameras in the streets are numerous, and you never know how that data is kept and used.
Forgetting a cell phone at home once in a while is a must so that it is not overly suspicious when you actually "forget" it for a reason
:bigass:
These things should never be used for civil issues, and should be limited for criminal issues.
Quote from: SectorZ on September 21, 2019, 08:42:42 AM
These things should never be used for civil issues, and should be limited for criminal issues.
Adultery is a crime in many states.
And for those who didn't read the article, there is a bit more than tolls list:
Quote
But a few months later, Ellen's ex obtained all that information [new cell number, new e-mail, new license plate]– and much more – without her knowing.
That's because he opened a court case to which Ellen wasn't even a party, then subpoenaed the Illinois Tollway for I-Pass transponder records that would show her movements on the state's tollways.
The tollway complied with that legal request, and also turned over information about Ellen's new cell phone number, email address, credit card(!!!) and license plate. Ellen's ex-boyfriend also requested similar private information about her parents, and the tollway turned all of it over – without ever notifying Ellen or her family.
I've known for a while that ISTHA shares I-PASS data if requested for Civil or Criminal cases
Probably something the Illinois Legislature should take up, but I'm not holding my breath
What the article does not say: Can one get a Court Order in Illinois to prevent the sharing of your I-PASS data? Would not a Civil Protection Order shield one from that other party requesting your data?
Seems like the outrage should be directed at the attorney who filed the subpoena, not the tolling agency who complied. And at the court that was supposed to be overseeing the matter.
Quote from: GaryV on September 21, 2019, 12:46:52 PM
Seems like the outrage should be directed at the attorney who filed the subpoena, not the tolling agency who complied. And at the court that was supposed to be overseeing the matter.
Or maybe the tolling agency, which could have contested non-relevant parts of any subpoena. The attorneys are just doing what they do.
Quote from: hbelkins on September 21, 2019, 12:57:13 PM
Quote from: GaryV on September 21, 2019, 12:46:52 PM
Seems like the outrage should be directed at the attorney who filed the subpoena, not the tolling agency who complied. And at the court that was supposed to be overseeing the matter.
Or maybe the tolling agency, which could have contested non-relevant parts of any subpoena. The attorneys are just doing what they do.
Is it actually their job? Spending toll money on unrelated legal procedures, when the state law explicitly requires them to comply with court orders is hard to justify.
Quote from: kalvado on September 21, 2019, 09:30:46 AM
And for those who didn't read the article, there is a bit more than tolls list:
Quote
But a few months later, Ellen's ex obtained all that information [new cell number, new e-mail, new license plate]– and much more – without her knowing.
That's because he opened a court case to which Ellen wasn't even a party, then subpoenaed the Illinois Tollway for I-Pass transponder records that would show her movements on the state's tollways.
The tollway complied with that legal request, and also turned over information about Ellen's new cell phone number, email address, credit card(!!!) and license plate. Ellen's ex-boyfriend also requested similar private information about her parents, and the tollway turned all of it over – without ever notifying Ellen or her family.
I want to know how you can subpoena someone who isn't a party to the legal case the subpoena is for. Or why it includes things like credit card information. That's just a disaster waiting to happen.
1. File a lawsuit. Doesn't matter what it's about, just file it.
2. Subpoena a random person's E-ZPass records.
3. Make lots of online purchases with their credit card.
Subpoenas are used for witnesses and discovery routinely. I actually used to order them when I was a paralegal.
Subpoenas are interesting things. During my year-long stint on the local grand jury last year and this, we were asked by the prosecutor to issue a few subpoenas for medical records. I thought it odd that they had to ask the grand jury to issue the subpoena, and they couldn't do it themselves or just ask a judge to issue it.