Public Act 094-0892
 
SB2283 Enrolled LRB094 15332 DRH 50523 b

    AN ACT concerning identification.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. The Illinois Identification Card Act is amended
by adding Section 14D as follows:
 
    (15 ILCS 335/14D new)
    Sec. 14D. Limitations on use of identification card
information.
    (a) When information is obtained from an identification
card issued by the Secretary of State to identify or prove the
age of the holder of the card, or in the course of a commercial
transaction, that information may be used only for purposes of
identification of the individual or for completing the
commercial transaction in which the information was obtained,
including all subsequent payment, processing, collection, and
other related actions. Information obtained from an
identification card issued by the Secretary of State may not be
used for purposes unrelated to the transaction in which it was
obtained, including, but not limited to, commercial
solicitations. Information obtained from an identification
card issued by the Secretary of State to identify or prove the
age of the holder of the card, or in the course of a commercial
transaction, may not be sold, leased or otherwise provided to
any third party.
    (b) As used in this Section, "information" on an
identification card issued by the Secretary of State includes
readable text on the face of the card and information encoded
or encrypted into a bar code, magnetic strip, or other
electronically readable device on or in the card.
    (c) Any individual whose identification card information
has been used in violation of this Section has a cause of
action against the person who violated this Section. Upon a
finding that a violation did occur, the individual whose
information was used in violation of this Section is entitled
to recover actual damages, but not less than liquidated damages
in the amount of $250 for each violation, plus attorney's fees
and the costs of bringing the action.
    (d) Use of information contained on an identification card
issued by the Secretary of State is not a violation of this
Section if the individual whose information has been used gave
express permission for that use, or if the information relating
to the individual was obtained from a source other than the
individual's identification card issued by the Secretary of
State.
    (e) This Section does not apply to any agency of the United
States or to the State of Illinois or any of its political
subdivisions.
    (f) This Section does not apply to the transfer of
information to a third party if (i) a federal or State law,
rule, or regulation requires that the information be
transferred to a third party after being recorded in specified
transactions or (ii) the information is transferred to a third
party for purposes of the detection or possible prosecution of
criminal offenses or fraud. If information is transferred to a
third party under this subsection (f), it may be used only for
the purposes authorized by this subsection (f).
    (g) This Section does not apply to the use of information
obtained from an identification card which has been provided by
the holder of the card in the course of a potential or
completed employment, commercial, business or professional
transaction for the purpose of completing written documents
including, but not limited to, contracts, agreements, purchase
orders, retail installment contracts, buyer's orders, purchase
contracts, repair orders, applications, disclosure forms or
waiver forms.
 
    Section 5. The Illinois Vehicle Code is amended by adding
Section 6-117.1 as follows:
 
    (625 ILCS 5/6-117.1 new)
    Sec. 6-117.1. Prohibited use of driver's license
information.
    (a) When information is obtained from a driver's license to
identify or prove the age of the holder of the license, or in
the course of a commercial transaction, that information may be
used only for purposes of identification of the individual or
for completing the commercial transaction in which the
information was obtained, including all subsequent payment,
processing, collection, and other related actions. Information
obtained from a driver's license may not be used for purposes
unrelated to the transaction in which it was obtained,
including, but not limited to, commercial solicitations.
Information obtained from a driver's license to identify the
holder of the license, or in the course of a commercial
transaction, may not be sold, leased, or otherwise provided to
any third party.
    (b) Any individual whose driver's license information has
been used in violation of this Section has a cause of action
against the person who violated this Section. Upon a finding
that a violation did occur, the individual whose information
was used in violation of this Section is entitled to recover
actual damages, but not less than liquidated damages in the
amount of $250 for each violation, plus attorney's fees and the
costs of bringing the action.
    (c) Use of information contained on a driver's license is
not a violation of this Section if (i) the individual whose
information has been used gave express permission for that use
or (ii) the information relating to the individual was obtained
from a source other than the individual's driver's license.
    (d) This Section does not apply to any agency of the United
States, the State of Illinois, or any other state or political
subdivision thereof.
    (e) This Section does not apply to the transfer of
information to a third party if (i) a federal or State law,
rule, or regulation requires that the information be
transferred to a third party after being recorded in specified
transactions or (ii) the information is transferred to a third
party for purposes of the detection or possible prosecution of
criminal offenses or fraud. If information is transferred to a
third party under this subsection (e), it may be used only for
the purposes authorized by this subsection (e).
    (f) This Section does not apply to the use of information
obtained from a driver's license which has been provided by the
holder of the license in the course of a potential or completed
employment, commercial, business or professional transaction
for the purpose of completing written documents including, but
not limited to, contracts, agreements, purchase orders, retail
installment contracts, buyer's orders, purchase contracts,
repair orders, applications, disclosure forms or waiver forms.

Effective Date: 1/1/2007