93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4712


 
Introduced 02/04/04, by Charles G. Morrow III
 
SYNOPSIS AS INTRODUCED:
 		













815 ILCS 505/2QQ new










    Amends the Consumer Fraud and Deceptive Business Practices Act. Makes it an unlawful practice to publicly post or display an individual's social security number, print an individual's social security number on any card required to access products or services, require an individual to transmit his or her social security number over the Internet, require an individual to use his or her social security number to access an Internet web site, or print an individual's social security number on materials that are mailed to the individual, subject to various exceptions. Effective July 1, 2005.



















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A BILL FOR









 














HB4712

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    AN ACT concerning consumer protection.

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


 
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    Section 5. The Consumer Fraud and Deceptive Business 
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Practices Act is amended  by adding Section 2QQ as follows:
 
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    (815 ILCS 505/2QQ  new)
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    Sec. 2QQ. Use of Social Security numbers.
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    (a) Except as otherwise provided in this Section,
a person 
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may not do any of the following:
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        (1) Publicly post or publicly display in any manner an 
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    individual's social security number.  As used in this 
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    Section, "publicly post" or "publicly display" means to 
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    intentionally communicate or otherwise make available to 
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    the general public.
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        (2) Print an individual's social security number on any 
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    card
required for the individual to access products or 
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    services provided by the person or entity.
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        (3) Require an individual to transmit his or her social 
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    security number over the Internet, unless the connection is 
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    secure or the social security number is encrypted.
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        (4) Require an individual to use his or her social 
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    security number to access an Internet web site, unless a 
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    password or unique personal identification number or other 
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    authentication device is also required to access the 
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    Internet Web site.
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        (5) Print an individual's social security number on any 
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    materials that are mailed to the individual, unless State 
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    or federal law requires the social security number to be on 
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    the document to be mailed.  Notwithstanding any provision in 
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    this Section to the contrary, social security numbers may 
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    be included in applications and forms sent by mail, 
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    including documents sent as part of an application or 
 


 









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    enrollment process or to establish, amend, or terminate an 
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    account, contract, or policy or to confirm the accuracy of 
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    the social security number.  A social security number that 
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    may permissibly be mailed under this Section may not be 
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    printed, in whole or in part, on a postcard or other mailer 
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    that does not require an envelope or be visible on an 
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    envelope or visible without the envelope having been 
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    opened.
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    (b) A person that used, before July 1, 2005, an 
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    individual's social security
number in a manner inconsistent 
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    with subsection (a) may continue
using that individual's social 
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    security number in the same manner on or
after July 1, 2005 if 
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    all of the following conditions are met:
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        (1) The use of the social security number is 
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    continuous.  If the use is stopped for any reason, 
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    subsection (a) shall apply.
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        (2) The individual is provided an annual disclosure 
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    that informs the individual that he or she has the right to 
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    stop the use of his or her social security number in a 
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    manner prohibited by subsection (a).
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    A written request by an individual to stop the use of his 
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    or her social security number in a manner prohibited by 
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    subsection (a) shall be implemented within 30 days of the 
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    receipt of the request.  There shall be no fee or charge for 
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    implementing the request. A  person shall not deny services to 
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    an individual because the individual makes such a written 
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    request.
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    (c) This Section does not apply to the collection, use, or 
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    release
of a social security number as required by State or 
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    federal law or
the use of a social security number for internal 
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    verification or
administrative purposes.
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    (d) This Section does not apply to documents that are 
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    recorded or
required to be open to the public under State or 
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    federal law, applicable case law, Supreme Court Rule, or the 
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    Constitution of the State of Illinois.
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    (e) If a federal law takes effect requiring the United 
 


 









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    States
Department of Health and Human Services to establish a 
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    national
unique patient health identifier program, any person 
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    who complies with the federal law shall be deemed to be in 
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    compliance with this
Section.
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    (f) A person may not encode or embed a social security

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    number in or on a card or document, including, but not limited 
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    to,
using a bar code, chip, magnetic strip, or other 
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    technology, in place
of removing the social security number as 
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    required by this Section.
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    (g) Any person who violates this Section commits an 
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    unlawful practice within the meaning of this Act.

 
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    Section 99. Effective date. This Act takes effect July 1, 
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2005.