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February 17, 2005

Elizabeth Kaufman

Legislation Aimed at Preventing the Misuse of Driver's License
Information Gains House Approval

SPRINGFIELD — Legislation aimed at preventing businesses from misusing information obtained from a patrons' Illinois driver's license and identification card was approved unanimously by the Illinois House of Representatives.

Given the increase in identity theft and fraud, White said the legislation is one more step the state should take to protect the privacy of individuals who are asked to present their driver's licenses or ID cards to business establishments.

"I'd to thank the members of the House for approving this important measure," White said. "Because the driver's license has become the most commonly used form of identification, it is important that we take extra steps to protect Illinois consumers."

The Secretary of State's office has been alerted to cases in which a store or bar, after asking a patron to present their identification, copies that person's information and uses it to solicit them or keeps it on file with the business.

The legislation, House Bill 487, which was introduced by Rep. Sara Feigenholtz (D-Chicago):

• Provides that a business obtaining information from a driver's license to identify or prove the age of a patron may only use that information for the business transaction in which it was obtained.
• The business may not use the information for other purposes, including solicitation, and may not sell, lease or otherwise provide the information to any third party.
• Any individual whose driver's license information is used in violation of this statute has grounds for a civil suit against the person who misused the information. If it is proven the information was misused, the victim is entitled to $250 for each violation, plus attorney's fees and the costs of bringing the action.

However, a business is not liable under this legislation if the individual whose information the business uses gave permission for that use, or if the information was obtained from a source other than the individual's drivers license.

"This initiative is just one more way we are working to protect the public," said Rep. Feigenholtz. "People should feel that when they are asked to show their license or ID, that's the end of their transaction."

The legislation now moves to the Illinois Senate for consideration.