2005 Illinois Code - Chapter 325 Children 325 ILCS 17/ Children\'s Privacy Protection and Parental Empowerment Act.
(325 ILCS 17/1) Sec. 1. Short title. This Act may be cited as the Children's Privacy
Protection
and Parental Empowerment Act. (Source: P.A. 93‑462, eff. 1‑1‑04.)
(325 ILCS 17/5) Sec. 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.
(Source: P.A. 93‑462, eff. 1‑1‑04.)
(325 ILCS 17/10) Sec. 10. Prohibited act. The sale or purchase of personal information concerning an individual known to
be a child
without parental consent is prohibited. (Source: P.A. 93‑462, eff. 1‑1‑04.)
(325 ILCS 17/15) Sec. 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.
(Source: P.A. 93‑462, eff. 1‑1‑04.)
(325 ILCS 17/20) Sec. 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. (Source: P.A. 93‑462, eff. 1‑1‑04.)
(325 ILCS 17/80) Sec. 80. (Amendatory provisions; text omitted). (Source: P.A. 93‑462, eff. 1‑1‑04; text omitted.)
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.