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.