093_SB0404eng SB404 Engrossed 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 18. 8 "Personal information" means any of the following: 9 (1) A person's name. 10 (2) A person's address. 11 (3) A person's telephone number. 12 (4) A person's driver's license number or State of 13 Illinois identification card as assigned by the Illinois 14 Secretary of State or by a similar agency of another 15 state. 16 (5) A person's social security number. 17 (6) Any other information that can be used to 18 identify a specific individual. 19 Personal information does not include public records as 20 defined by Section 2 of the Freedom of Information Act. 21 Section 10. Prohibited acts. The following acts are 22 prohibited: 23 (a) the sale or purchase of personal information 24 concerning a child without parental consent; 25 (b) the processing of personal information concerning a 26 child by prisoners or convicted sex offenders; and 27 (c) the distribution or exchange of a child's personal 28 information that one has reason to believe will be used to 29 harm or abuse the child. SB404 Engrossed -2- LRB093 09317 BDD 09550 b 1 Section 15. Information brokers and solicitors. Persons 2 who broker, solicit, or facilitate the sale of personal 3 information concerning children are required: 4 (a) To disclose to a parent, step-parent, or legal 5 guardian, upon request, the source and content of personal 6 information on file with regard to that person's child, 7 step-child, or ward. 8 (b) To disclose to a parent, step-parent, or legal 9 guardian, upon request, the names of persons or entities that 10 have received or solicited personal information with regard 11 to that person's child, step-child, or ward. 12 (c) Upon the request of a parent, step-parent, or legal 13 guardian, to cease to broker, solicit, or facilitate the sale 14 of personal information concerning that person's child, 15 step-child, or ward. 16 Section 20. Application of the Consumer Fraud and 17 Deceptive Business Practices Act. A violation of any 18 provision of this Act is a violation of the Consumer Fraud 19 and Deceptive Business Practices Act. 20 Section 90. The Consumer Fraud and Deceptive Business 21 Practices Act is amended by changing Section 2Z as follows: 22 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) 23 Sec. 2Z. Violations of other Acts. Any person who 24 knowingly violates the Automotive Repair Act, the Home Repair 25 and Remodeling Act, the Dance Studio Act, the Physical 26 Fitness Services Act, the Hearing Instrument Consumer 27 Protection Act, the Illinois Union Label Act, the Job 28 Referral and Job Listing Services Consumer Protection Act, 29 the Travel Promotion Consumer Protection Act, the Credit 30 Services Organizations Act, the Automatic Telephone Dialers 31 Act, the Pay-Per-Call Services Consumer Protection Act, the SB404 Engrossed -3- LRB093 09317 BDD 09550 b 1 Telephone Solicitations Act, the Illinois Funeral or Burial 2 Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed 3 Act, the Pre-Need Cemetery Sales Act, the Children's Privacy 4 Protection and Parental Empowerment Act, subsection (a) or 5 (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) 6 or (b) of Section 3-10 of the Cigarette Use Tax Act, the 7 Electronic Mail Act, or paragraph (6) of subsection (k) of 8 Section 6-305 of the Illinois Vehicle Code commits an 9 unlawful practice within the meaning of this Act. 10 (Source: P.A. 91-164, eff. 7-16-99; 91-230, eff. 1-1-00; 11 91-233, eff. 1-1-00; 91-810, eff. 6-13-00; 92-426, eff. 12 1-1-02.)