Public Act 097-0139
 
HB3513 EnrolledLRB097 09903 AEK 50066 b



    AN ACT concerning business.

 
    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 changing Section 2RR as follows:
 


    (815 ILCS 505/2RR)


    Sec. 2RR. 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, or on a 
    wristband or on the outside of any file associated with the 
    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.

(Source: P.A. 95-331, eff. 8-21-07.)