Public Act 094-0892
 		





SB2283 Enrolled
LRB094 15332 DRH 50523 b






    AN ACT concerning identification.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 3. The Illinois Identification Card Act is amended  
by adding Section 14D as follows:
 
    (15 ILCS 335/14D  new)
    Sec. 14D. Limitations on use of identification card 
information.
    (a) When information is obtained from an identification 
card issued by the Secretary of State to identify or prove the 
age of the holder of the card, or in the course of a commercial 
transaction, that information may be used only for purposes of 
identification of the individual or for completing the 
commercial transaction in which the information was obtained, 
including all subsequent payment, processing, collection, and 
other related actions.  Information obtained from an 
identification card issued by the Secretary of State may not be 
used for purposes unrelated to the transaction in which it was 
obtained, including, but not limited to, commercial 
solicitations.  Information obtained from an identification 
card issued by the Secretary of State to identify or prove the 
age of the holder of the card, or in the course of a commercial 
transaction, may not be sold, leased or otherwise provided to 
any third party.
    (b) As used in this Section, "information" on an 
identification card issued by the Secretary of State includes 
readable text on the face of the card and information encoded 
or encrypted into a bar code, magnetic strip, or other 
electronically readable device on or in the card.
    (c) Any individual whose identification card information 
has been used in violation of this Section has a cause of 
action against the person who violated this Section.  Upon a 
finding that a violation did occur, the individual whose 
information was used in violation of this Section is entitled 
to recover actual damages, but not less than liquidated damages 
in the amount of $250 for each violation, plus attorney's fees 
and the costs of bringing the action.
    (d) Use of information contained on an identification card 
issued by the Secretary of State is not a violation of this 
Section if the individual whose information has been used gave 
express permission for that use, or if the information relating 
to the individual was obtained from a source other than the 
individual's identification card issued by the Secretary of 
State.
    (e) This Section does not apply to any agency of the United 
States or to the State of Illinois or any of its political 
subdivisions.
    (f) This Section does not apply to the transfer of 
information to a third party if (i) a federal or State law, 
rule, or regulation requires that the information be 
transferred to a third party after being recorded in specified 
transactions or (ii) the information is transferred to a third 
party for purposes of the detection or possible prosecution of 
criminal offenses or fraud. If information is transferred to a 
third party under this subsection (f), it may  be used only for 
the purposes authorized by this subsection (f).
    (g) This Section does not apply to the use of information 
obtained from an identification card which has been provided by 
the holder of the card in the course of a potential or 
completed employment, commercial, business or professional 
transaction for the purpose of completing written documents 
including, but not limited to, contracts, agreements, purchase 
orders, retail installment contracts, buyer's orders, purchase 
contracts, repair orders, applications, disclosure forms or 
waiver forms.

 
    Section 5. The Illinois Vehicle Code is amended  by adding 
Section 6-117.1 as follows:
 
    (625 ILCS 5/6-117.1  new)
    Sec. 6-117.1. Prohibited use of driver's license 
information.
    (a) When information is obtained from a driver's license to 
identify or prove the age of the holder of the license, or in 
the course of a commercial transaction, that information may be 
used only for purposes of identification of the individual or 
for completing the commercial transaction in which the 
information was obtained, including all subsequent payment, 
processing, collection, and other related actions.  Information 
obtained from a driver's license may not be used for purposes 
unrelated to the transaction in which it was obtained, 
including, but not limited to, commercial solicitations.  
Information obtained from a driver's license to identify the 
holder of the license, or in the course of a commercial 
transaction, may not be sold, leased, or otherwise provided to 
any third party.
    (b) Any individual whose driver's license information has 
been used in violation of this Section has a cause of action 
against the person who violated this Section. Upon a finding 
that a violation did occur, the individual whose information 
was used in violation of this Section is entitled to recover 
actual damages, but not less than liquidated damages in the 
amount of $250 for each violation, plus attorney's fees and the 
costs of bringing the action.
    (c) Use of information contained on a driver's license is 
not a violation of this Section if (i) the individual whose 
information has been used gave express permission for that use 
or (ii)  the information relating to the individual was obtained 
from a source other than the individual's driver's license.
    (d) This Section does not apply to any agency of the United 
States, the State of Illinois, or any other state or political 
subdivision thereof.
    (e) This Section does not apply to the transfer of 
information to a third party if (i) a federal or State law, 
rule, or regulation requires that the information be 
transferred to a third party after being recorded in specified 
transactions or (ii) the information is transferred to a third 
party for purposes of the detection or possible prosecution of 
criminal offenses or fraud. If information is transferred to a 
third party under this subsection (e), it may  be used only for 
the purposes authorized by this subsection (e).

    (f) This Section does not apply to the use of information 
obtained from a driver's license which has been provided by the 
holder of the license in the course of a potential or completed 
employment, commercial, business or professional transaction 
for the purpose of completing written documents including, but 
not limited to, contracts, agreements, purchase orders, retail 
installment contracts, buyer's orders, purchase contracts, 
repair orders, applications, disclosure forms or waiver forms.