093_SB0404enr

 
SB404 Enrolled                       LRB093 09317 BDD 09550 b

 1        AN ACT concerning information about children.

 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    Children's Privacy Protection and Parental Empowerment Act.

 6        Section 5.  Definitions. As used in this Act:
 7        "Child"  means a person under the age of 16. "Child" does
 8    not include a minor emancipated by operation of law.
 9        "Parent" means a parent, step-parent, or legal guardian.
10        "Personal information" means any of the following:
11             (1)  A person's name.
12             (2)  A person's address.
13             (3)  A person's telephone number.
14             (4)  A person's driver's license number or State  of
15        Illinois  identification card as assigned by the Illinois
16        Secretary of State or by  a  similar  agency  of  another
17        state.
18             (5)  A person's social security number.
19             (6)  Any  other  information  that  can  be  used to
20        locate or contact a specific individual.
21        "Personal  information"  does  not  include  any  of  the
22    following:
23             (1)  Public records as defined by Section 2  of  the
24        Freedom of Information Act.
25             (2)  Court records.
26             (3)  Information   found   in   publicly   available
27        sources,  including  newspapers, magazines, and telephone
28        directories.
29             (4)  Any other information  that  is  not  known  to
30        concern a child.
 
SB404 Enrolled             -2-       LRB093 09317 BDD 09550 b
 1        Section  10.  Prohibited  act.  The  sale  or purchase of
 2    personal information concerning an individual known to  be  a
 3    child without parental consent is prohibited.

 4        Section 15.  Information brokers.
 5        (a)  For the purpose of this Act, the consent of a parent
 6    to  the sale or purchase of information concerning a child is
 7    presumed unless  the  parent  withdraws  consent  under  this
 8    Section.
 9        A  person who brokers or facilitates the sale of personal
10    information concerning children must,  upon  written  request
11    from a parent that specifically identifies the child, provide
12    to   the  parent  within  20  days  of  the  written  request
13    procedures that the parent must follow in order  to  withdraw
14    consent  to  use personal information relating to that child.
15    The person who brokers or facilitates the  sale  of  personal
16    information  must  discontinue  disclosing a child's personal
17    information within 20 days after the parent has completed the
18    procedures to withdraw consent to  use  personal  information
19    relating to that child.
20        (b)  This Section does not apply to any of the following:
21             (1)  Any  federal, state, or local government agency
22        or any law enforcement agency.
23             (2)  The National Center for Missing  and  Exploited
24        Children.
25             (3)  Any    educational   institution,   consortium,
26        organization, or professional association, including  but
27        not   limited   to,  public  community  colleges,  public
28        universities, post-secondary educational institutions  as
29        defined  in the Private College Act, and private business
30        and vocational schools as defined in the Private Business
31        and Vocational Schools Act.
32             (4)  Any not-for-profit entity that is  exempt  from
33        the  payment  of federal taxes under Section 501(c)(3) of
 
SB404 Enrolled             -3-       LRB093 09317 BDD 09550 b
 1        the Internal Revenue Code of 1986.

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

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

10        (105 ILCS 5/1A-9 new)
11        Sec.  1A-9.  Duty of the Board to disseminate information
12    concerning the Children's  Privacy  Protection  and  Parental
13    Empowerment  Act. The Board shall (i) prepare and disseminate
14    to the local educational agencies and the regional offices of
15    education materials advising parents of  their  rights  under
16    the  Children's  Privacy  Protection and Parental Empowerment
17    Act and (ii) add notice to its website  advising  parents  of
18    their  rights  under  the  Children's  Privacy Protection and
19    Parental Empowerment Act.