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Public Act 093-0462


 

Public Act 93-0462 of the 93rd General Assembly


Public Act 93-0462

SB404 Enrolled                       LRB093 09317 BDD 09550 b

    AN ACT concerning information about children.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.  Short  title.  This  Act may be cited as the
Children's Privacy Protection and Parental Empowerment Act.

    Section 5.  Definitions. As used in this Act:
    "Child" means a person under the age of 16. "Child"  does
not include a minor emancipated by operation of law.
    "Parent" means a parent, step-parent, or legal guardian.
    "Personal information" means any of the following:
         (1)  A person's name.
         (2)  A person's address.
         (3)  A person's telephone number.
         (4)  A  person's driver's license number or State of
    Illinois identification card as assigned by the  Illinois
    Secretary  of  State  or  by  a similar agency of another
    state.
         (5)  A person's social security number.
         (6)  Any other  information  that  can  be  used  to
    locate or contact a specific individual.
    "Personal  information"  does  not  include  any  of  the
following:
         (1)  Public  records  as defined by Section 2 of the
    Freedom of Information Act.
         (2)  Court records.
         (3)  Information   found   in   publicly   available
    sources, including newspapers, magazines,  and  telephone
    directories.
         (4)  Any  other  information  that  is  not known to
    concern a child.
    Section 10.  Prohibited act.  The  sale  or  purchase  of
personal  information  concerning an individual known to be a
child without parental consent is prohibited.

    Section 15.  Information brokers.
    (a)  For the purpose of this Act, the consent of a parent
to the sale or purchase of information concerning a child  is
presumed  unless  the  parent  withdraws  consent  under this
Section.
    A person who brokers or facilitates the sale of  personal
information  concerning  children  must, upon written request
from a parent that specifically identifies the child, provide
to  the  parent  within  20  days  of  the  written   request
procedures  that  the parent must follow in order to withdraw
consent to use personal information relating to  that  child.
The  person  who  brokers or facilitates the sale of personal
information must discontinue disclosing  a  child's  personal
information within 20 days after the parent has completed the
procedures  to  withdraw  consent to use personal information
relating to that child.
    (b)  This Section does not apply to any of the following:
         (1)  Any federal, state, or local government  agency
    or any law enforcement agency.
         (2)  The  National  Center for Missing and Exploited
    Children.
         (3)  Any   educational   institution,    consortium,
    organization,  or professional association, including but
    not  limited  to,  public  community   colleges,   public
    universities,  post-secondary educational institutions as
    defined in the Private College Act, and private  business
    and vocational schools as defined in the Private Business
    and Vocational Schools Act.
         (4)  Any  not-for-profit  entity that is exempt from
    the payment of federal taxes under Section  501(c)(3)  of

    the Internal Revenue Code of 1986.

    Section   20.  Application  of  the  Consumer  Fraud  and
Deceptive  Business  Practices  Act.  A  violation   of   any
provision  of  this  Act is a violation of the Consumer Fraud
and Deceptive Business  Practices  Act.  This  Act,  however,
shall  not  be considered or construed to provide any private
right of action.

    Section 80.  The School Code is amended by adding Section
1A-9 as follows:

    (105 ILCS 5/1A-9 new)
    Sec. 1A-9.  Duty of the Board to disseminate  information
concerning  the  Children's  Privacy  Protection and Parental
Empowerment Act. The Board shall (i) prepare and  disseminate
to the local educational agencies and the regional offices of
education  materials  advising  parents of their rights under
the Children's Privacy Protection  and  Parental  Empowerment
Act  and  (ii)  add notice to its website advising parents of
their rights under  the  Children's  Privacy  Protection  and
Parental Empowerment Act.

Effective Date: 1/1/2004