Bill Text: IL HB3513 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Personal Information Protection Act. Prohibits a person or entity, not including a State or local agency, from: (i) publicly posting or publicly displaying in any manner an individual's social security number; (ii) printing an individual's social security number on any card required for the individual to access products or services provided by the person or entity; (iii) track personal or medical data using an individual's social security number (iv) requiring 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; (v) requiring 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 Web site; or (vi) printing 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. Makes an exception for applications and forms sent by mail to include social security numbers. Provides that the use of a social security number is not prohibited for 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. Effective January 1, 2012.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-07-14 - Public Act . . . . . . . . . 97-0139 [HB3513 Detail]

Download: Illinois-2011-HB3513-Engrossed.html

---

HB3513 Engrossed LRB097 09903 AEK 50066 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2RR as follows:
(815 ILCS 505/2RR)
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.

HB3513 Engrossed - 2 - LRB097 09903 AEK 50066 b
(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

HB3513 Engrossed - 3 - LRB097 09903 AEK 50066 b
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

HB3513 Engrossed - 4 - LRB097 09903 AEK 50066 b
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
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.
(Source: P.A. 95-331, eff. 8-21-07.)