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Public Act 093-0739


 

Public Act 0739 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0739
 
HB4712 Enrolled LRB093 19712 WGH 45453 b

    AN ACT concerning consumer protection.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2QQ as follows:
 
    (815 ILCS 505/2QQ new)
    Sec. 2QQ. Use of Social Security numbers.
    (a) Except as otherwise provided in this Section, a person
may not do any of the following:
        (1) Publicly post or publicly display in any manner an
    individual's social security number. As used in this
    Section, "publicly post" or "publicly display" means to
    intentionally communicate or otherwise make available to
    the general public.
        (2) Print an individual's social security number on any
    card required for the individual to access products or
    services provided by the person or entity; however, a
    person or entity that provides an insurance card must print
    on the card an identification number unique to the holder
    of the card in the format prescribed by Section 15 of the
    Uniform Prescription Drug Information Card Act.
        (3) Require an individual to transmit his or her social
    security number over the Internet, unless the connection is
    secure or the social security number is encrypted.
        (4) Require an individual to use his or her social
    security number to access an Internet web site, unless a
    password or unique personal identification number or other
    authentication device is also required to access the
    Internet Web site.
        (5) Print an individual's social security number on any
    materials that are mailed to the individual, unless State
    or federal law requires the social security number to be on
    the document to be mailed. Notwithstanding any provision in
    this Section to the contrary, social security numbers may
    be included in applications and forms sent by mail,
    including documents sent as part of an application or
    enrollment process or to establish, amend, or terminate an
    account, contract, or policy or to confirm the accuracy of
    the social security number. A social security number that
    may permissibly be mailed under this Section may not be
    printed, in whole or in part, on a postcard or other mailer
    that does not require an envelope or be visible on an
    envelope or visible without the envelope having been
    opened.
    (b) A person that used, before July 1, 2005, an
individual's social security number in a manner inconsistent
with subsection (a) may continue using that individual's social
security number in the same manner on or after July 1, 2005 if
all of the following conditions are met:
        (1) The use of the social security number is
    continuous. If the use is stopped for any reason,
    subsection (a) shall apply.
        (2) The individual is provided an annual disclosure
    that informs the individual that he or she has the right to
    stop the use of his or her social security number in a
    manner prohibited by subsection (a).
    A written request by an individual to stop the use of his
or her social security number in a manner prohibited by
subsection (a) shall be implemented within 30 days of the
receipt of the request. There shall be no fee or charge for
implementing the request. A person shall not deny services to
an individual because the individual makes such a written
request.
    (c) This Section does not apply to the collection, use, or
release of a social security number as required by State or
federal law or the use of a social security number for internal
verification or administrative purposes. This Section does not
apply to the collection, use, or release of a social security
number by the State, a subdivision of the State, or an
individual in the employ of the State or a subdivision of the
State in connection with his or her official duties.
    (d) This Section does not apply to documents that are
recorded or required to be open to the public under State or
federal law, applicable case law, Supreme Court Rule, or the
Constitution of the State of Illinois.
    (e) If a federal law takes effect requiring the United
States Department of Health and Human Services to establish a
national unique patient health identifier program, any person
who complies with the federal law shall be deemed to be in
compliance with this Section.
    (f) A person may not encode or embed a social security
number in or on a card or document, including, but not limited
to, using a bar code, chip, magnetic strip, or other
technology, in place of removing the social security number as
required by this Section.
    (g) Any person who violates this Section commits an
unlawful practice within the meaning of this Act.
 
    Section 99. Effective date. This Act takes effect July 1,
2006.

Effective Date: 7/1/2006