093_SB0404ham002

 










                                     LRB093 09317 BDD 16391 a

 1                    AMENDMENT TO SENATE BILL 404

 2        AMENDMENT NO.     .  Amend Senate Bill 404,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 1.  Short title. This Act may be  cited  as  the
 6    Children's Privacy Protection and Parental Empowerment Act.

 7        Section 5.  Definitions. As used in this Act:
 8        "Child"  means a person under the age of 16. "Child" does
 9    not include a minor emancipated by operation of law.
10        "Parent" means a parent, step-parent, or legal guardian.
11        "Personal information" means any of the following:
12             (1)  A person's name.
13             (2)  A person's address.
14             (3)  A person's telephone number.
15             (4)  A person's driver's license number or State  of
16        Illinois  identification card as assigned by the Illinois
17        Secretary of State or by  a  similar  agency  of  another
18        state.
19             (5)  A person's social security number.
20             (6)  Any  other  information  that  can  be  used to
21        locate or contact a specific individual.
22        "Personal  information"  does  not  include  any  of  the
 
                            -2-      LRB093 09317 BDD 16391 a
 1    following:
 2             (1)  Public records as defined by Section 2  of  the
 3        Freedom of Information Act.
 4             (2)  Court records.
 5             (3)  Information    found    in   publicly-available
 6        sources, including newspapers, magazines,  and  telephone
 7        directories.
 8             (4)  Any  other  information  that  is  not known to
 9        concern a child.

10        Section 10.  Prohibited act.  The  sale  or  purchase  of
11    personal  information  concerning an individual known to be a
12    child without parental consent is prohibited.

13        Section 15.  Information brokers.
14        (a)  For the purpose of this Act, the consent of a parent
15    to the sale or purchase of information concerning a child  is
16    presumed  unless  the  parent  withdraws  consent  under this
17    Section.
18        A person who brokers or facilitates the sale of  personal
19    information  concerning  children  must, upon written request
20    from a parent that specifically identifies the child, provide
21    to  the  parent  within  20  days  of  the  written   request
22    procedures  that  the parent must follow in order to withdraw
23    consent to use personal information relating to  that  child.
24    The  person  who  brokers or facilitates the sale of personal
25    information must discontinue disclosing  a  child's  personal
26    information within 20 days after the parent has completed the
27    procedures  to  withdraw  consent to use personal information
28    relating to that child.
29        (b)  This Section does not apply to any of the following:
30             (1)  Any federal, state, or local government  agency
31        or any law enforcement agency.
32             (2)  The  National  Center for Missing and Exploited
 
                            -3-      LRB093 09317 BDD 16391 a
 1        Children.
 2             (3)  Any   educational   institution,    consortium,
 3        organization,  or professional association, including but
 4        not  limited  to,  public  community   colleges,   public
 5        universities,  post-secondary educational institutions as
 6        defined in the Private College Act, and private  business
 7        and vocational schools as defined in the Private Business
 8        and Vocational Schools Act.
 9             (4)  Any  not-for-profit  entity that is exempt from
10        the payment of federal taxes under Section  501(c)(3)  of
11        the Internal Revenue Code of 1986.

12        Section   20.  Application  of  the  Consumer  Fraud  and
13    Deceptive  Business  Practices  Act.  A  violation   of   any
14    provision  of  this  Act is a violation of the Consumer Fraud
15    and Deceptive Business  Practices  Act.  This  Act,  however,
16    shall  not  be considered or construed to provide any private
17    right of action.

18        Section 80.  The School Code is amended by adding Section
19    1A-9 as follows:

20        (105 ILCS 5/1A-9 new)
21        Sec. 1A-9.  Duty of the Board to disseminate  information
22    concerning  the  Children's  Privacy  Protection and Parental
23    Empowerment Act. The Board shall (i) prepare and  disseminate
24    to the local educational agencies and the regional offices of
25    education  materials  advising  parents of their rights under
26    the Children's Privacy Protection  and  Parental  Empowerment
27    Act  and  (ii)  add notice to its website advising parents of
28    their rights under  the  Children's  Privacy  Protection  and
29    Parental Empowerment Act.".