Sec. 10. Prohibited activities.

827 words·~4 min read·/il/chapter-5/act-179/10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Beginning July 1, 2010, no person or State or local government agency may do any of the following:

(1)Publicly post or publicly display in any manner an individual's social security

number.

(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.

(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)Print an individual's social security number on any materials that are mailed to the

individual, through the U.S. Postal Service, any private mail service, electronic mail, or any similar method of delivery, 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, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act pursuant to the limitations and requirements of that Act, any material mailed in connection with any tax administered by the Department of Revenue, and 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 without the envelope having been opened.

(b)Except as otherwise provided in this Act, beginning July 1, 2010, no person or State or local government agency may do any of the following:

(1)Collect, use, or disclose a social security number from an individual, unless

required to do so under State or federal law, rules, or regulations, or the collection, use, or disclosure of the social security number is otherwise necessary for the performance of that agency's duties and responsibilities;

(ii)the need and purpose for the social security number is documented before collection of the social security number; and

(iii)the social security number collected is relevant to the documented need and purpose.

(2)Require an individual to use his or her social security number to access an Internet

website.

(3)Use the social security number for any purpose other than the purpose for which it

was collected.

(c)The prohibitions in subsection

(b)do not apply in the following circumstances:

(1)The disclosure of social security numbers to agents, employees, contractors, or

subcontractors of a governmental entity or disclosure by a governmental entity to another governmental entity or its agents, employees, contractors, or subcontractors if disclosure is necessary in order for the entity to perform its duties and responsibilities; and, if disclosing to a contractor or subcontractor, prior to such disclosure, the governmental entity must first receive from the contractor or subcontractor a copy of the contractor's or subcontractor's policy that sets forth how the requirements imposed under this Act on a governmental entity to protect an individual's social security number will be achieved.

(2)The disclosure of social security numbers pursuant to a court order, warrant, or

subpoena.

(3)The collection, use, or disclosure of social security numbers in order to ensure the

safety of: State and local government employees; persons committed to correctional facilities, local jails, and other law-enforcement facilities or retention centers; wards of the State; youth in care as defined in Section 4d of the Children and Family Services Act, and all persons working in or visiting a State or local government agency facility.

(4)The collection, use, or disclosure of social security numbers for internal

verification or administrative purposes.

(5)The disclosure of social security numbers by a State agency to any entity for the

collection of delinquent child support or of any State debt or to a governmental agency to assist with an investigation or the prevention of fraud.

(6)The collection or use of social security numbers to investigate or prevent fraud, to

conduct background checks, to collect a debt, to obtain a credit report from a consumer reporting agency under the federal Fair Credit Reporting Act, to undertake any permissible purpose that is enumerated under the federal Gramm-Leach-Bliley Act, or to locate a missing person, a lost relative, or a person who is due a benefit, such as a pension benefit or an unclaimed property benefit.

(d)If any State or local government agency has adopted standards for the collection, use, or disclosure of social security numbers that are stricter than the standards under this Act with respect to the protection of those social security numbers, then, in the event of any conflict with the provisions of this Act, the stricter standards adopted by the State or local government agency shall control.