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1 | | AN ACT concerning business.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Consumer Fraud and Deceptive Business |
5 | | Practices Act is amended by changing Section 2RR as follows:
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6 | | (815 ILCS 505/2RR)
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7 | | Sec. 2RR. Use of Social Security numbers. |
8 | | (a) Except as otherwise provided in this Section,
a person |
9 | | may not do any of the following: |
10 | | (1) Publicly post or publicly display in any manner an |
11 | | individual's social security number. As used in this |
12 | | Section, "publicly post" or "publicly display" means to |
13 | | intentionally communicate or otherwise make available to |
14 | | the general public. |
15 | | (2) Print an individual's social security number on any |
16 | | card
required for the individual to access products or |
17 | | services provided by the person or entity , or on a |
18 | | wristband or on the outside of any file associated with the |
19 | | products or services provided by the person or entity ; |
20 | | however, a person or entity that provides an insurance card |
21 | | must print on the card an identification number unique to |
22 | | the holder of the card in the format prescribed by Section |
23 | | 15 of the
Uniform Prescription Drug Information Card Act. |
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1 | | (3) Require an individual to transmit his or her social |
2 | | security number over the Internet, unless the connection is |
3 | | secure or the social security number is encrypted. |
4 | | (4) Require an individual to use his or her social |
5 | | security number to access an Internet web site, unless a |
6 | | password or unique personal identification number or other |
7 | | authentication device is also required to access the |
8 | | Internet Web site. |
9 | | (5) Print an individual's social security number on any |
10 | | materials that are mailed to the individual, unless State |
11 | | or federal law requires the social security number to be on |
12 | | the document to be mailed. Notwithstanding any provision in |
13 | | this Section to the contrary, social security numbers may |
14 | | be included in applications and forms sent by mail, |
15 | | including documents sent as part of an application or |
16 | | enrollment process or to establish, amend, or terminate an |
17 | | account, contract, or policy or to confirm the accuracy of |
18 | | the social security number. A social security number that |
19 | | may permissibly be mailed under this Section may not be |
20 | | printed, in whole or in part, on a postcard or other mailer |
21 | | that does not require an envelope or be visible on an |
22 | | envelope or visible without the envelope having been |
23 | | opened. |
24 | | (b) A person that used, before July 1, 2005, an |
25 | | individual's social security
number in a manner inconsistent |
26 | | with subsection (a) may continue
using that individual's social |
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1 | | security number in the same manner on or
after July 1, 2005 if |
2 | | all of the following conditions are met: |
3 | | (1) The use of the social security number is |
4 | | continuous. If the use is stopped for any reason, |
5 | | subsection (a) shall apply. |
6 | | (2) The individual is provided an annual disclosure |
7 | | that informs the individual that he or she has the right to |
8 | | stop the use of his or her social security number in a |
9 | | manner prohibited by subsection (a). |
10 | | A written request by an individual to stop the use of his |
11 | | or her social security number in a manner prohibited by |
12 | | subsection (a) shall be implemented within 30 days of the |
13 | | receipt of the request. There shall be no fee or charge for |
14 | | implementing the request. A person shall not deny services to |
15 | | an individual because the individual makes such a written |
16 | | request. |
17 | | (c) This Section does not apply to the collection, use, or |
18 | | release
of a social security number as required by State or |
19 | | federal law or
the use of a social security number for internal |
20 | | verification or
administrative purposes. This Section does not |
21 | | apply to the collection, use, or
release of a social security |
22 | | number by the State, a subdivision of the State, or an |
23 | | individual in the employ of the State or a subdivision of the |
24 | | State in connection with his or her official duties. |
25 | | (d) This Section does not apply to documents that are |
26 | | recorded or
required to be open to the public under State or |
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1 | | federal law, applicable case law, Supreme Court Rule, or the |
2 | | Constitution of the State of Illinois. |
3 | | (e) If a federal law takes effect requiring the United |
4 | | States
Department of Health and Human Services to establish a |
5 | | national
unique patient health identifier program, any person |
6 | | who complies with the federal law shall be deemed to be in |
7 | | compliance with this
Section. |
8 | | (f) A person may not encode or embed a social security
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9 | | number in or on a card or document, including, but not limited |
10 | | to,
using a bar code, chip, magnetic strip, or other |
11 | | technology, in place
of removing the social security number as |
12 | | required by this Section. |
13 | | (g) Any person who violates this Section commits an |
14 | | unlawful practice within the meaning of this Act.
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15 | | (Source: P.A. 95-331, eff. 8-21-07.)
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