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92_SB2031 LRB9215491JSpcA 1 AN ACT concerning personal information. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Personal Information Protection Act. 6 Section 5. Credit report security alert. 7 (a) A consumer may elect to place a security alert in 8 his or her credit report by making a request in writing or by 9 telephone to a consumer credit reporting agency. 10 (b) A consumer credit reporting agency shall notify each 11 person requesting consumer credit information with respect to 12 a consumer of the existence of a security alert in the credit 13 report of that consumer, regardless of whether a full credit 14 report, credit score, or summary report is requested. 15 (c) A consumer credit reporting agency shall maintain a 16 toll-free telephone number to accept security alert requests 17 from consumers 24 hours a day, 7 days a week. 18 (d) The toll-free telephone number shall be included in 19 any written disclosure by a consumer credit reporting agency 20 to any consumer pursuant to Section 20 and shall be printed 21 in a clear and conspicuous manner. 22 (e) A consumer credit reporting agency shall place a 23 security alert on a consumer's credit report no later than 72 24 hours after receiving a request from the consumer. 25 (f) The security alert shall remain in place for at 26 least 90 days, and a consumer shall have the right to request 27 a renewal of the security alert. 28 Section 10. Credit report security freeze. 29 (a) A consumer may elect to place a security freeze on 30 his or her credit report by making a request in writing to a -2- LRB9215491JSpcA 1 consumer credit reporting agency. When a security freeze is 2 in place, information from a consumer's credit report may not 3 be released to a third party without prior express 4 authorization from the consumer. 5 (b) A consumer credit reporting agency shall place a 6 security freeze on a consumer's credit report no later than 7 72 hours after receiving a written request from the consumer. 8 (c) The consumer credit reporting agency shall send a 9 written confirmation of the security freeze to the consumer 10 within 10 days after receiving the request and shall provide 11 the consumer with a unique personal identification number or 12 password to be used by the consumer when providing 13 authorization for the release of his or her credit for a 14 specific purpose. 15 (d) If the consumer wishes to allow his or her credit 16 report to be accessed for a specific purpose while a freeze 17 is in place, he or she shall contact the credit reporting 18 agency and provide all of the following: 19 (1) Proper identification, as defined in 20 subdivision (c) of Section 20. 21 (2) The unique personal identification number or 22 password provided by the credit reporting agency pursuant 23 to subsection (c). 24 (3) The proper information regarding the third 25 party who is to receive the credit report. 26 (e) If a consumer requests a security freeze, the 27 consumer credit reporting agency shall disclose the process 28 of placing and lifting a freeze and the process for allowing 29 access to information from the consumer's credit report for a 30 specific purpose while the freeze is in place. 31 (f) A security freeze shall remain in place until the 32 consumer requests in writing that the security freeze be 33 removed. A consumer credit reporting agency shall remove a 34 security freeze within 72 hours of receiving a request for -3- LRB9215491JSpcA 1 removal in writing from the consumer. 2 (g) A consumer credit reporting agency shall require 3 proper identification, as defined in subsection (c) of 4 Section 20, of the person making a request to place or remove 5 a security freeze. 6 (h) The provisions of this Section shall not apply to 7 the use of a consumer report by any of the following: 8 (1) A person or entity, or a subsidiary, affiliate, 9 or agent of that person or entity, or an assignee of a 10 financial obligation owing by the consumer to that person 11 or entity, with which the consumer has or had prior to 12 assignment an account or contract, or to whom the 13 consumer issued a negotiable instrument, for the purposes 14 of reviewing the account or collecting the financial 15 obligation owing for the account, contract, or negotiable 16 instrument. For purposes of this paragraph, "reviewing 17 the account" includes activities related to account 18 maintenance, monitoring, credit line increases, and 19 account upgrades and enhancements. 20 (2) A law enforcement agency acting pursuant to a 21 court order, warrant, or subpoena. 22 (3) A child support agency acting pursuant to the 23 Illinois Public Aid Code or Title IV-D of the Social 24 Security Act (42 U.S.C. et seq.). 25 (4) The Department of Revenue or the Internal 26 Revenue Service, or their agents or assigns, acting to 27 investigate or collect delinquent taxes. 28 (5) The use of credit information for the purposes 29 of prescreening as provided for by the federal Fair 30 Credit Reporting Act. 31 Section 15. Modification of information; notice. If a 32 security alert or security freeze is in place, a consumer 33 credit reporting agency shall not modify any of the following -4- LRB9215491JSpcA 1 information in a consumer credit report without sending a 2 written confirmation of the change to the consumer: last 3 name, date of birth, age, Social Security number, address, 4 and telephone number. 5 In the case of an address change, the written 6 confirmation shall be sent to both the new address and to the 7 former address. 8 Section 20. Disclosure of credit information. 9 (a) A consumer credit reporting agency shall supply 10 files and credit report information during normal business 11 hours and on reasonable notice. A consumer has the right to 12 request and receive all of the following: 13 (1) Either a decoded written version of the file or 14 a written copy of the file, including all information in 15 the file at the time of the request, with an explanation 16 of any code used. 17 (2) A credit score for the consumer, the key 18 factors, and the related information. 19 (3) A record of all inquiries, by recipient, which 20 result in the provision of information concerning the 21 consumer in connection with a credit transaction that is 22 not initiated by the consumer and which were received by 23 the consumer credit reporting agency in the 12-month 24 period immediately preceding the request for disclosure 25 under this Section. 26 (4) The recipients, including end users, of any 27 consumer credit report on the consumer which the consumer 28 credit reporting agency has furnished: 29 (A) for employment purposes within the 2-year 30 period preceding the request; or 31 (B) for any other purpose within the 12-month 32 period preceding the request. 33 Identification for purposes of this subsection shall -5- LRB9215491JSpcA 1 include the name of the recipient or, if applicable, the 2 fictitious business name under which the recipient does 3 business disclosed in full. If requested by the consumer, the 4 identification shall also include the address of the 5 recipient. 6 (b) Files maintained on a consumer shall be disclosed 7 promptly as follows: 8 (1) In person, at the location where the consumer 9 credit reporting agency maintains the trained personnel 10 required by subsection (d), if he or she appears in 11 person and furnishes proper identification. 12 (2) By mail, if the consumer makes a written 13 request with proper identification for a copy of the file 14 or a decoded written version of that file to be sent to 15 the consumer at a specified address. A disclosure 16 pursuant to this paragraph shall be deposited in the 17 United States mail, postage prepaid, within 5 business 18 days after the consumer's written request for the 19 disclosure is received by the consumer credit reporting 20 agency. Consumer credit reporting agencies complying with 21 requests for mailings under this Section shall not be 22 liable for disclosures to third parties caused by 23 mishandling of mail after the mailings leave the consumer 24 reporting agencies. 25 (3) A summary of all information contained in files 26 on a consumer shall be provided by telephone, if the 27 consumer has made a written request, with proper 28 identification for telephone disclosure. 29 (4) Information in a consumer's file required to be 30 provided in writing under this Section may also be 31 disclosed in another form if authorized by the consumer 32 and if available from the consumer credit reporting 33 agency. For this purpose a consumer may request 34 disclosure in person, by telephone upon disclosure of -6- LRB9215491JSpcA 1 proper identification by the consumer, by electronic 2 means if available from the consumer credit reporting 3 agency, or by any other reasonable means that is 4 available from the consumer credit reporting agency. 5 (c) "Proper identification," as used in subsection (b) 6 means that information generally deemed sufficient to 7 identify a person. Only if the consumer is unable to 8 reasonably identify himself or herself may a consumer credit 9 reporting agency require additional information concerning 10 the consumer's employment and personal or family history in 11 order to verify his or her identity. 12 (d) The consumer credit reporting agency shall provide 13 trained personnel to explain to the consumer any information 14 furnished to him or her. 15 (e) The consumer shall be permitted to be accompanied by 16 one other person of his or her choosing, who shall furnish 17 reasonable identification. A consumer credit reporting agency 18 may require the consumer to furnish a written statement 19 granting permission to the consumer credit reporting agency 20 to discuss the consumer's file in that person's presence. 21 (f) Any written disclosure by a consumer credit 22 reporting agency to any consumer pursuant to this Section 23 shall include a written summary of all rights the consumer 24 has under this Act and in the case of a consumer credit 25 reporting agency that compiles and maintains consumer credit 26 reports on a nationwide basis, a toll-free telephone number 27 that the consumer can use to communicate with the consumer 28 credit reporting agency. The written summary of rights 29 required under this Act is sufficient if in substantially the 30 following form: 31 "You have a right to obtain a copy of your credit file 32 from a consumer credit reporting agency. You may be charged a 33 reasonable fee not exceeding $8. There is no fee, however, if 34 you have been turned down for credit, employment, insurance, -7- LRB9215491JSpcA 1 or a rental dwelling because of information in your credit 2 report within the preceding 60 days. The consumer credit 3 reporting agency must provide someone to help you interpret 4 the information in your credit file. 5 You have a right to dispute inaccurate information by 6 contacting the consumer credit reporting agency directly. 7 However, neither you nor any credit repair company or credit 8 service organization has the right to have accurate, current, 9 and verifiable information removed from your credit report. 10 Under the federal Fair Credit Reporting Act, the consumer 11 credit reporting agency must remove accurate, negative 12 information from your report only if it is over 7 years old. 13 Bankruptcy information can be reported for 10 years. 14 If you have notified a credit reporting agency in writing 15 that you dispute the accuracy of information in your file, 16 the consumer credit reporting agency must then, within 30 17 business days, reinvestigate and modify or remove inaccurate 18 information. The consumer credit reporting agency may not 19 charge a fee for this service. Any pertinent information and 20 copies of all documents you have concerning an error should 21 be given to the consumer credit reporting agency. 22 If reinvestigation does not resolve the dispute to your 23 satisfaction, you may send a brief statement to the consumer 24 credit reporting agency to keep in your file explaining why 25 you think the record is inaccurate. The consumer credit 26 reporting agency must include your statement about disputed 27 information in a report it issues about you. 28 You have a right to receive a record of all inquiries 29 relating to a credit transaction initiated in 12 months 30 preceding your request. This record shall include the 31 recipients of any consumer credit report. 32 You may request in writing that the information contained 33 in your file not be provided to a third party for marketing 34 purposes. -8- LRB9215491JSpcA 1 You have a right to place a "security alert" in your 2 credit report, which will warn anyone who receives 3 information in your credit report that your identity may have 4 been used without your consent and verification of identity 5 is advised. A security alert may be requested by calling the 6 following toll-free number: (Insert applicable toll-free 7 number). 8 You have a right to place a "security freeze" on your 9 credit report, which will prohibit a consumer credit 10 reporting agency from releasing any information in your 11 credit report without your express authorization. A security 12 freeze must be requested in writing and may delay or 13 interfere with the approval of any application you file for a 14 new loan, credit, insurance, or service. When you place a 15 security freeze on your credit report, you will be provided a 16 personal identification number or password to use if you 17 choose to authorize the release of your credit report for a 18 specific purpose after the freeze is in place. To provide 19 that authorization you must contact the consumer credit 20 reporting agency and provide all of the following: 21 (1) The personal identification number or password. 22 (2) Proper identification to verify your identity. 23 (3) The proper information regarding the third 24 party who is to receive the credit report. 25 A security freeze does not apply to a person or entity, 26 or its affiliates, or collection agencies acting on behalf 27 the person or entity, with which you have an existing 28 account, that requests information in your credit report for 29 the purposes of reviewing or collecting the account. 30 Reviewing the account includes activities related to account 31 maintenance, monitoring, credit line increases, and account 32 upgrades and enhancements. 33 You have a right to bring civil action against anyone, 34 including a consumer credit reporting agency, who improperly -9- LRB9215491JSpcA 1 obtains access to a file, knowingly or willfully misuses file 2 data, or fails to correct inaccurate file data.". 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.
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