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| Public Act 097-0139 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consumer Fraud and Deceptive Business | ||||
Practices Act is amended by changing Section 2RR as follows:
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(815 ILCS 505/2RR)
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Sec. 2RR. Use of Social Security numbers. | ||||
(a) Except as otherwise provided in this Section,
a person | ||||
may not do any of the following: | ||||
(1) Publicly post or publicly display in any manner an | ||||
individual's social security number. As used in this | ||||
Section, "publicly post" or "publicly display" means to | ||||
intentionally communicate or otherwise make available to | ||||
the general public. | ||||
(2) Print an individual's social security number on any | ||||
card
required for the individual to access products or | ||||
services provided by the person or entity, or on a | ||||
wristband or on the outside of any file associated with the | ||||
products or services provided by the person or entity; | ||||
however, a person or entity that provides an insurance card | ||||
must print on the card an identification number unique to | ||||
the holder of the card in the format prescribed by Section | ||||
15 of the
Uniform Prescription Drug Information Card Act. | ||||
(3) Require an individual to transmit his or her social | ||
security number over the Internet, unless the connection is | ||
secure or the social security number is encrypted. | ||
(4) Require an individual to use his or her social | ||
security number to access an Internet web site, unless a | ||
password or unique personal identification number or other | ||
authentication device is also required to access the | ||
Internet Web site. | ||
(5) Print an individual's social security number on any | ||
materials that are mailed to the individual, unless State | ||
or federal law requires the social security number to be on | ||
the document to be mailed. Notwithstanding any provision in | ||
this Section to the contrary, social security numbers may | ||
be included in applications and forms sent by mail, | ||
including documents sent as part of an application or | ||
enrollment process or to establish, amend, or terminate an | ||
account, contract, or policy or to confirm the accuracy of | ||
the social security number. A social security number that | ||
may permissibly be mailed under this Section may not be | ||
printed, in whole or in part, on a postcard or other mailer | ||
that does not require an envelope or be visible on an | ||
envelope or visible without the envelope having been | ||
opened. | ||
(b) A person that used, before July 1, 2005, an | ||
individual's social security
number in a manner inconsistent | ||
with subsection (a) may continue
using that individual's social | ||
security number in the same manner on or
after July 1, 2005 if | ||
all of the following conditions are met: | ||
(1) The use of the social security number is | ||
continuous. If the use is stopped for any reason, | ||
subsection (a) shall apply. | ||
(2) The individual is provided an annual disclosure | ||
that informs the individual that he or she has the right to | ||
stop the use of his or her social security number in a | ||
manner prohibited by subsection (a). | ||
A written request by an individual to stop the use of his | ||
or her social security number in a manner prohibited by | ||
subsection (a) shall be implemented within 30 days of the | ||
receipt of the request. There shall be no fee or charge for | ||
implementing the request. A person shall not deny services to | ||
an individual because the individual makes such a written | ||
request. | ||
(c) This Section does not apply to the collection, use, or | ||
release
of a social security number as required by State or | ||
federal law or
the use of a social security number for internal | ||
verification or
administrative purposes. This Section does not | ||
apply to the collection, use, or
release of a social security | ||
number by the State, a subdivision of the State, or an | ||
individual in the employ of the State or a subdivision of the | ||
State in connection with his or her official duties. | ||
(d) This Section does not apply to documents that are | ||
recorded or
required to be open to the public under State or | ||
federal law, applicable case law, Supreme Court Rule, or the | ||
Constitution of the State of Illinois. | ||
(e) If a federal law takes effect requiring the United | ||
States
Department of Health and Human Services to establish a | ||
national
unique patient health identifier program, any person | ||
who complies with the federal law shall be deemed to be in | ||
compliance with this
Section. | ||
(f) A person may not encode or embed a social security
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number in or on a card or document, including, but not limited | ||
to,
using a bar code, chip, magnetic strip, or other | ||
technology, in place
of removing the social security number as | ||
required by this Section. | ||
(g) Any person who violates this Section commits an | ||
unlawful practice within the meaning of this Act.
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(Source: P.A. 95-331, eff. 8-21-07.)
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