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.".