2017 Illinois Compiled Statutes
Chapter 765 - PROPERTY
765 ILCS 1026/ - Revised Uniform Unclaimed Property Act.
Article 14 - Confidentiality and Security of Information



(765 ILCS 1026/Art. 14 heading)

ARTICLE 14. CONFIDENTIALITY AND SECURITY OF INFORMATION
(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-1401)
Sec. 15-1401. Confidential information.
(a) Except as otherwise provided in this Section, information that is confidential under law of this State other than this Act, another state, or the United States, including "private information" as defined in the Freedom of Information Act and "personal information" as defined in the Personal Information Protection Act, continues to be confidential when disclosed or delivered under this Act to the administrator or administrator's agent.
(b) Information provided in reports filed pursuant to Section 15-401, information obtained in the course of an examination pursuant to Section 15-1002, and the database required by Section 15-503 is exempt from disclosure under the Freedom of Information Act.
(c) If reasonably necessary to enforce or implement this Act, the administrator or the administrator's agent may disclose confidential information concerning property held by the administrator or the administrator's agent to:
(1) an apparent owner or the apparent owner's

representative under the Probate Act of 1975, attorney, other legal representative, or relative;

(2) the representative under the Probate Act of 1975,

other legal representative, relative of a deceased apparent owner, or a person entitled to inherit from the deceased apparent owner;

(3) another department or agency of this State or the

United States;

(4) the person that administers the unclaimed

property law of another state, if the other state accords substantially reciprocal privileges to the administrator of this State if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to Article 14;

(5) a person subject to an examination as required by

Section 15-1004; and

(6) an agent of the administrator.
(d) The administrator may include on the website or in the database the names and addresses of apparent owners of property held by the administrator as provided in Section 15-503. The administrator may include in published notices, printed publications, telecommunications, the Internet, or other media and on the website or in the database additional information concerning the apparent owner's property if the administrator believes the information will assist in identifying and returning property to the owner and does not disclose personal information as defined in the Personal Information Protection Act.
(e) The administrator and the administrator's agent may not use confidential information provided to them or in their possession except as expressly authorized by this Act or required by law other than this Act.
(Source: P.A. 100-22, eff. 1-1-18; 100-566, eff. 1-1-18.)


(765 ILCS 1026/15-1402)
Sec. 15-1402. Confidentiality agreement. A person to be examined under Section 15-1002 may require, as a condition of disclosure of the records of the person to be examined, that the administrator or the administrator's agent execute and deliver to the person to be examined a confidentiality agreement that:
(1) is in a form that is reasonably satisfactory to

the administrator; and

(2) requires the person having access to the records

to comply with the provisions of this Article applicable to the person.

(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-1403)
Sec. 15-1403. No confidential information in notice. Except as otherwise provided in Sections 15-501 and 15-502, a holder is not required under this Act to include confidential information in a notice the holder is required to provide to an apparent owner under this Act.
(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-1404)
Sec. 15-1404. Security of information.
(a) If a holder is required to include confidential information in a report to the administrator, the information must be provided by a secure means.
(b) If confidential information in a record is provided to and maintained by the administrator or administrator's agent as required by this Act, the administrator or agent shall implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure as required by the Personal Information Protection Act. If a State or federal law requires the administrator or agent to provide greater protection to records that contain personal information that are maintained by the administrator or agent and the administrator or agent is in compliance with the provisions of that State or federal law, the administrator or agent is deemed to be in compliance with the provisions of this subsection.
(c) If there is any breach of the security of the system data or written material, the administrator and the administrator's agent shall comply with the notice requirements of Section 12 of the Personal Information Protection Act, and shall, if applicable, cooperate with a holder in complying with the notice requirements of Section 10 of the Personal Information Protection Act.
(d) The administrator and the administrator's agent shall either return in a secure manner or destroy in a manner consistent with the Personal Information Protection Act all confidential information no longer reasonably needed under this Act.
(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-1501)
Sec. 15-1501. Uniformity of application and construction. In applying and construing this uniform Act consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-1502)
Sec. 15-1502. Relation to Electronic Signatures in Global and National Commerce Act. This Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. Section 7003(b).
(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-1503)
Sec. 15-1503. Transitional provision.
(a) An initial report filed under this Act for property that was not required to be reported before the effective date of this Act, but that is required to be reported under this Act, must include all items of property that would have been presumed abandoned during the 5-year period preceding the effective date of this Act as if this Act had been in effect during that period.
(b) This Act does not relieve a holder of a duty that arose before the effective date of this Act to report, pay, or deliver property. Subject to subsection (b) of Section 15-610, a holder that did not comply with the law governing unclaimed property before the effective date of this Act is subject to applicable provisions for enforcement and penalties in effect before the effective date of this Act.
(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-1504)
Sec. 15-1504. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
(Source: P.A. 100-22, eff. 1-1-18.)


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