Public Act 93-0462
SB404 Enrolled LRB093 09317 BDD 09550 b
AN ACT concerning information about children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Children's Privacy Protection and Parental Empowerment Act.
Section 5. Definitions. As used in this Act:
"Child" means a person under the age of 16. "Child" does
not include a minor emancipated by operation of law.
"Parent" means a parent, step-parent, or legal guardian.
"Personal information" means any of the following:
(1) A person's name.
(2) A person's address.
(3) A person's telephone number.
(4) A person's driver's license number or State of
Illinois identification card as assigned by the Illinois
Secretary of State or by a similar agency of another
state.
(5) A person's social security number.
(6) Any other information that can be used to
locate or contact a specific individual.
"Personal information" does not include any of the
following:
(1) Public records as defined by Section 2 of the
Freedom of Information Act.
(2) Court records.
(3) Information found in publicly available
sources, including newspapers, magazines, and telephone
directories.
(4) Any other information that is not known to
concern a child.
Section 10. Prohibited act. The sale or purchase of
personal information concerning an individual known to be a
child without parental consent is prohibited.
Section 15. Information brokers.
(a) For the purpose of this Act, the consent of a parent
to the sale or purchase of information concerning a child is
presumed unless the parent withdraws consent under this
Section.
A person who brokers or facilitates the sale of personal
information concerning children must, upon written request
from a parent that specifically identifies the child, provide
to the parent within 20 days of the written request
procedures that the parent must follow in order to withdraw
consent to use personal information relating to that child.
The person who brokers or facilitates the sale of personal
information must discontinue disclosing a child's personal
information within 20 days after the parent has completed the
procedures to withdraw consent to use personal information
relating to that child.
(b) This Section does not apply to any of the following:
(1) Any federal, state, or local government agency
or any law enforcement agency.
(2) The National Center for Missing and Exploited
Children.
(3) Any educational institution, consortium,
organization, or professional association, including but
not limited to, public community colleges, public
universities, post-secondary educational institutions as
defined in the Private College Act, and private business
and vocational schools as defined in the Private Business
and Vocational Schools Act.
(4) Any not-for-profit entity that is exempt from
the payment of federal taxes under Section 501(c)(3) of
the Internal Revenue Code of 1986.
Section 20. Application of the Consumer Fraud and
Deceptive Business Practices Act. A violation of any
provision of this Act is a violation of the Consumer Fraud
and Deceptive Business Practices Act. This Act, however,
shall not be considered or construed to provide any private
right of action.
Section 80. The School Code is amended by adding Section
1A-9 as follows:
(105 ILCS 5/1A-9 new)
Sec. 1A-9. Duty of the Board to disseminate information
concerning the Children's Privacy Protection and Parental
Empowerment Act. The Board shall (i) prepare and disseminate
to the local educational agencies and the regional offices of
education materials advising parents of their rights under
the Children's Privacy Protection and Parental Empowerment
Act and (ii) add notice to its website advising parents of
their rights under the Children's Privacy Protection and
Parental Empowerment Act.